IRON COUNTY COMMISSION MEETING
MAY 13, 1996
Minutes of the Iron County Commission Meeting held May 13, 1996, in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Robert L. Gardner Commission Chairman
Roy P. Urie Commissioner
Thomas B. Cardon Commissioner
David I. Yardley County Clerk
Justin Wayment Assist. County Attorney
Also Present:
Ira Schoppmann Sheriff
SYNOPSIS :
ALFRED PUCHNER 4
BID OPENING - SURPLUS VEHICLES 5
CEDAR CITY TV SITE 3
COMMISSION REPORTS 2
Antelope Springs Road 2
Cedar City Wastewater Treatment Board 2
Landfill 2
ONE STOP VISITORS CENTER: 2
TAX MATTER - Paiute Tribe 2
Trail dedication 2
Water to Woods Ranch 2
ECONOMIC DEVELOPMENT 5
FIRE DEPARTMENT - NEWCASTLE 3
HISTORICAL MARKER 3
LANDFILL 3
MINUTES 1
ORDINANCE AMENDMENTS 5
Ordinance 114 5
Ordinance 78 5
PAROWAN DROPBOX FACILITY 5
PERSONNEL 3
Jeanette Barrett 4
Lloyd Watkins 4
Maria Twitchell 4
Mike Bleak 4
PRAIRIE DOGS 4
Dennis Stowell 4
Steve Flinders 5
PUBLIC HEARING - GARRYVILLE TOWNSITE 4
RESOLUTION 96-5 3
TAX MATTER 4
Elizabeth Davenport 4
ZONE CHANGE - LARRY BROUSMAN 2
ZONE CHANGE - MELANIE GRANT & VIRGINIA JONES 2
MINUTES :
Minutes of the meeting held April 25, 1996, were approved as amended on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.
COMMISSION REPORTS :
Ira Schoppmann presented a petition requesting that a portion of the road west of Cedar, commonly known as Antelope Springs Road, be upgraded and improved. The Commission noted the acceptance of the petition.
Sheriff Schoppmann also requested that the County Commission consider opening the landfill for longer hours during the summer months. The Commission explained to the Sheriff that because of overtime and personnel constraints and requirements of Federal regulations that at the present time this was not feasible. The Commission agreed to put a notice in the paper explaining the hours that the dump will be open.
Leon Matheson came before the Commission and reported that the trail dedication from Cedar City to the "C" was set for June 8th at 9:00 A.M. at the "C." This will be in conjunction with the 50th anniversary of the Bureau of Land Management. After the dedication, visitors will be invited to walk the trail from the "C" down to the end near the K-Mart. The hike takes approximately 1-1/2 hours. Groups represented at the dedication will include Iron County, Bureau of Land Management, U.S. Forest Service, Cedar City and the Iron County Historical Society.
Roy Urie reported that the spring supplying water to Woods Ranch was not keeping up with the demand. Part of this was due to cabin owners which have been using the outlets at the campground to fill up their tanks to haul to their cabins. The problem will be monitored to see if it improves.
Commissioner Urie also reported that the Beryl Community Center improvement project was nearing completion and the parking lot was ready for blacktop.
Tom Cardon reported that the Cedar City Wastewater Treatment Board had met and the question on who would bill county residents that hook onto the system. It was determined that this would be billed through the County Clerk's office along with the solid waste service. Commissioner Cardon reported that on June 10, 1996 a portion of the wastewater treatment plant would be placed in operation for testing. The plant should be ready to go on line with full operations on June 23, 1996.
Connection fees and monthly fees for service on the sewer were also discussed. It was the opinion of the Commission that the County should contract with Cedar City or Enoch to maintain the County portion of the system and to charge connection and monthly fees comparable to Cedar City or Enoch.
ONE STOP VISITORS CENTER: Tom Cardon reported on the interviews that were conducted with architectural firms for the One Stop Visitors Center. He reported that the interviews were excellent and all three firms made excellent presentations. It was recommended that the Gardner Partnership proposal be selected. Tom Cardon made a motion to accept the Gardner Partnership proposal for architectural planning on the visitor's center. Second was by Roy Urie with Robert Gardner voting in favor.
TAX MATTER - Paiute Tribe. The Cedar City band of Paiute Indians has purchased property in Sec. 36, T36S, R9W, SLB&M containing 5.44 acres and they have requested that this parcel be exempted from future taxes. The Commission granted tax exempt status for this parcel on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.
ZONE CHANGE - LARRY BROUSMAN :
Roy Urie made a motion to open a public hearing on the proposed zone change from M-3-H to C-3 and R-5. Mr. Brousman explained the proposed zone change. He explained that 10 acres would be placed in an R-5 zone to allow them to build a home on the property. There is R-5 zoned property adjacent to the parcel to be rezoned. He also requested a C-3 zone on a second parcel to cover his truck repair business. The proposed changes are in an area close to Woolsey's ranch and the zoning in the area is mixed with other C-3 zone in the same area.
Roy Urie made a motion to approve the zone change provided that a 66-foot wide right-of-way is provided for public access to the property. Second was by Tom Cardon with
Robert Gardner voting in favor. There being no other comments on the zone change, the public hearing was closed. A description of the property follows the minutes.
ZONE CHANGE - MELANIE GRANT & VIRGINIA JONES:
A request by Melanie Grant and Virginia Jones to change the zoning on a parcel from A-20 to R-5 on property near Paragonah was opened for a public hearing. There being no one present to speak in favor or against the zone change, the matter was tabled without action.
RESOLUTION 96-5 :
Resolution 96-5 a notice of the meeting of the Board of Equalization and Review for Iron County Utah Special Improvement District No. 94-1 was approved on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor. The Board of Equalization and Review will be held on June 12 and 13, 1996 between 7:00 P.M. and 8:00 P.M. at the Extension Service Meeting Room, 86 East Center, Cedar City, UT. A copy of the Resolution is included as Exhibit "A."
CEDAR CITY TV SITE :
Vaughn MacDonald, Bill & Veronica Wolf and Joe Jarvis came before the Commission to discuss a proposed TV site near the "C" in Cedar City. Also present was Ervin Larsen and Anne Stansworth, representing the Bureau of Land Management; Kendall Cripps representing Utah Power & Light.
Mr. MacDonald expressed concerns about the proposed underground power line to the site and whether it would overload the electrical system servicing the Cedar Highlands subdivision. He also expressed concerns with additional towers being built and the site being developed as a major communications site. The Commission explained that it was their plan to keep this as a county communication site only, however, they could not guarantee what would happen in the future. The reason that site is being developed is to prevent interference and also place it on a county owned, permanent site. The current Cedar City TV site does not serve all of the new housing development in Cedar City.
Kendall Cripps explained to the land owners that in the line extension agreement between Utah Power and Light Co. and the developers that they were granted the right to extend future service lines from the existing system.
Mr. Larsen explained the BLM right of way approval process. Utah Power & Light will apply for the electrical line right of way and the County will amend their request to provide a road to the site. David Yardley was asked to write a letter to Mr. MacDonald explaining the County's position on development of the site and maintaining it as a county operated communication site.
LANDFILL :
Alan Wade came before the Commission to discuss proposed improvements at the landfill. He is requesting that the gatehouse be moved so that it would have the availability of power and a telephone. He would also like to install scales so that incoming waste could be weighed and fees set for weight.
Before the Commission approved any changes, they asked Mr. Wade to put together a list of costs including: cost to upgrade the power, water, phone and scales and costs to move the gatehouse.
Mr. Kendall Cripps, Utah Power & Light Co. also explained to the Commission the problems with the current electrical service to the landfill. The service has been on a private system and it does not meet safety standards. The Commission discussed with Mr. Cripps the possibility of upgrading this line and correcting any problems with the service as soon as possible. Mr. Cripps said he would look at the line and give the Commission a cost estimate on upgrading this line.
FIRE DEPARTMENT - NEWCASTLE :
Wayne Peterson, representing the Newcastle Fire Department, came before the Commission to request $4,000.00 to purchase a fire truck from Enterprise. The truck is a pumper which would replace a vehicle on a loan from State Lands & Forestry. This truck has 500 gallons storage capacity and has been maintained in excellent condition. After explaining the situation to the Newcastle fire department in regards to equipment, Roy Urie made a motion to approve the purchase of the truck from Enterprise for $4,000.00. Second was by Tom Cardon with Robert Gardner voting in favor.
HISTORICAL MARKER :
Steve Heath requested permission to allow a Boy Scout to recondition and upgrade the historical marker north of Kanarraville which designates the rim of the Great Basin. The sign is in need of repair. The Commission told Mr. Heath that they had no problem with upgrading the sign.
PERSONNEL :
Roy Urie made a motion to convene in an executive session to discuss personnel matters. Second was by Tom Cardon with Robert Gardner voting in favor.
After reconvening in an open session, Roy Urie made a motion to grant Jeanette Barrett a two step increase effective on her anniversary date. Second was by Tom Cardon with Robert Gardner voting in favor.
The Commission approved the hiring of Maria Twitchell as an assistant at the Iron County Tourism Bureau at a grade 4 step 1 effective May 1, 1996 on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.
The Commission approved the hiring of Mike Bleak as a special function officer, at grade 10 step 1 effective April 30, 1996 on a motion by Roy Urie, second by Tom Cardon with Robert Gardner voting in favor.
The Commission also approved promoting Lloyd Watkins to a new position as a special function officer / patrol deputy on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor. This will be a new position with new duties and the grade will be grade 14 step 1.
TAX MATTER :
Elizabeth Davenport came to the Commission to explain the problems she is having with the payment of taxes on property that she is in the process of foreclosing. The property is currently listed in the name of Johnny Rollins and is identified as Tax Serial Number
A-877-2-9. She requested that the parcel be removed from the tax sale to allow her an opportunity to bring the taxes current. The Commission explained to Mrs. Davenport that taxes were already 6 years delinquent and that Mr. Rollins had been granted an extra year to pay the taxes. As Mrs. Davenport explained her problem to the Commission, they found that there were circumstances that would warrant the property being removed from the tax sale for one more year. Roy Urie made a motion to remove this property from the tax sale for 1996 for one year only. Second was by Tom Cardon with Robert Gardner voting in favor.
PUBLIC HEARING - GARRYVILLE TOWNSITE:
A public hearing and been called to discuss abandoning a portion of streets and walkways within the remaining plat of Garryville Townsite. Berniece Burgess, Collette Burgess and Rodney Burgess, representing R&E Farms and R&C Farms came before the Commission to express their opposition to the proposal to vacate a portion of the street named 4th Avenue. They purchased the adjoining property with the intention of using this road as access to their farm.
Mr. Wayne Holt explained to the Commission that it was the property owners within the Subdivision's intention that these roadways and walkways be vacated to make the subdivision more desirable as a residential subdivision. He further explained that the lots are not large enough under current health standards to develop a home with a septic system and a culinary well on one lot. The walkways between lots make it hard to develop homes within the subdivision.
After listening to all the comments, Roy Urie made a motion table the matter and referred it to the Planning Commission for their recommendation. Second was by Tom Cardon with Robert Gardner voting in favor.
PRAIRIE DOGS :
Dennis Stowell, mayor of Parowan, came before the Commission to discuss the prairie dog HCP. He explained that he, along with other interested citizens of northern Iron County, were requesting that other funding sources be checked into to help fund the writing and implementation of a Habitat Conversation Plan. Mayor Stowell said groups such as the Ford Foundation, Sierra Club and Grand Canyon Trust may have grant funds available for such a project.
The Commission explained to Mr. Stowell that they appreciated his input, however, past performance of the groups he mentioned funds were not available without future monetary commitments for habitat enlargement. All sources of funding will be considered, however, at the present time these groups are not funding the study phases of habitat plans.
ALFRED PUCHNER :
Mr. Puchner came before the Commission to present a proposed development of 2,000 acres west of Kanarraville into an equestrian oriented housing development. The property would have trails dedicated for public use as horse trails and the roads within the subdivided area would meet the county requirement for a 66 foot wide right-of-way with 28 feet finished as developed road. The property would contain between 170 to 300 lots, most would be in the five to seven acre size with a few larger lots.
Mr. Puchner was referred to Chad Nay to take the matter before the Planning Commission for their approval before any action could be taken by the Commission.
ECONOMIC DEVELOPMENT :
Brent Drew came before the Commission to give them an update on progress with Smead Paper Company developing a plant in Cedar City. Plans are moving ahead with the property purchase and the development plan is close to final approval.
Mr. Drew also reported that Eagle Canyon Air is doing preliminary feasibility studies to determine if they are willing to provide an additional air carrier to Cedar City.
PRAIRIE DOGS :
Steve Flinders reported to the Commission that the first portion of the Prairie Dog Habitat Conservation Plan (HCP) has been submitted to the U.S. Fish and Wildlife Service for their approval. He will be traveling to Salt Lake City within the next week to discuss with US FWS officials the submitted portion of the plan.
The Commission asked Mr. Flinders if he would study the Cedar City Airport agreement with the US FWS. Mr. Flinders was also ask to determine the number of prairie dogs that are scheduled to be transplanted this year.
Mr. Flinders reported that 400 prairie dogs are scheduled to be transplanted to the Adams well site during 1996. He would find out where theses prairie dogs are scheduled to come from.
The Commission asked Mr. Flinders to include in the HCP document wording stating that if the endangered species act is amended, then the prairie dog habitat conversation plan could also be amended to be in compliance with new law.
PAROWAN DROPBOX FACILITY :
Commissioner Gardner and Alan Wade discussed with the Commission problems they are experiencing at the Parowan dropbox facility. It was determined that it appears to be in the best interest of Iron County to place a gate attendant at the site and secure the site when the attendant is not on duty. At the present time contractor debris and agricultural debris are being dumped. This material should be transported to the landfill. The Commission will discuss with Parowan, Paragonah and Brian Head the possibility of increasing the landfill service rate in northern Iron County to compensate for hiring additional personnel to operate the dropbox facility.
ORDINANCE AMENDMENTS :
Justin Wayment presented recommendations to the Commission to amend the nuisance ordinance, Ordinance 114, to provide clearer direction on enforcement.
He also recommended that the Land Management Code, Ordinance 78 be amended to allow storage sheds in a C-3 zone. David Yardley was asked to draft these into ordinance language and present them at the next Commission Meeting.
BID OPENING - SURPLUS VEHICLES :
Bids for advertised surplus property were opened and reviewed. The successful bidders were:
International Tractor: Glen E. Martin $1,026.00;
1981 Ford pickup: Orval Brownfield $450.00
1978 Chev pickup: Neil Forsyth $525.00
1951 Dodge pickup: Orval Brownfield $510.00
1977 GMC pickup: Orson Worthen $127.00
Side Mower: Orval Brownfield $150.00
Fury mower: was included in the tractor bid.
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After the bills were reviewed and either approved or rejected,
the meeting was adjourned.
APPROVED:_________________________
ATTEST:__________________________