Minutes of the Iron County Commission Meeting held September 9, 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

SYNOPSIS :

ANNEXATION REQUEST 5

ANNEXATION REQUEST - FIBREBOND 5

BLM PROPERTY REQUEST WITHDRAWAL 3-5

COMMISSION REPORTS 1, 2

Commissioner Urie 1

Insurance claim 2

Senior Citizens 1

MINUTES 1

SCHOOL BUS TURNAROUND 3

SOUTHWEST CENTER - MENTAL HEALTH 3

SPECIAL ABATEMENTS 4

ZONE CHANGE - KEN MIDDLETON 3

ZONE CHANGE APPEAL 2

MINUTES :

Minute of the Iron County Commission Meeting held August 26, 1996 were approved as amended on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor.,

COMMISSION REPORTS :

Commissioner Urie reported that a proposed agreement regarding the California Condor was being circulated to the counties in Southern Utah that are within the condor's proposed range. The Commission decided that Iron County would not participate and sign the agreement because it does not afford appropriate guarantees for the Counties.

Senior Citizens. Commissioner Urie also discussed building a retaining wall at the Cedar City Senior Citizens Center. The wall needs to be completed before the parking lot can be finished.

Capitol Improvement List Commissioner Urie also said that a capitol improvement list outlining projects which may be funded through Community Impact Board (CIB) loans or grants needs to be completed.

Insurance claim. Tom Cardon reported that portions of the claim filed by Charles Sheets and Chris Talley were dismissed by the Court. It was felt that the rest of the claim may also be dismissed at a later date, however, at the present time, they are going forward.

ZONE CHANGE APPEAL :

A proposed zone change from A-20 to R-5 covering approximately 2,000 acres located west of Kanarraville filed by Alfred Puchner was denied by the Planning and Zoning Commission. Mr. Puchner appealed the Planning and Zoning action as outlined in the land management code. A public hearing was scheduled and was opened for a public comments as it was advertised.

Commissioner Gardner explained to the group assembled that by mutual agreement, the County tabled action on the appeal at this time to allow for more information to be obtained concerning the proposed zone change and the action taken by the planning and zoning commission. Mr. Puchner was not present at this hearing.

Dan Dail spoke in opposition to the zone change in the area and also said that several other neighbors that he had contacted were also opposed to the zone change. Mr. Dail felt that the area should be left in open space with at least 20 acre parcels. Peggy Hunt also expressed her opposition to the proposed zone change. Mrs. Hunt stated that as the County grows, open spaces especially on hillsides are disappearing and a development of this size in that area would seriously limit open space in Iron County. Roberta Henderson, also from Kanarraville, said that she was opposed to any development in the area and to the proposed zone change. She said that she would like to keep the zoning as it is at the present.

After hearing all public comments, the public hearing was closed. No action was taken by the Commission at this time.

PROPERTY BID - COX PROPERTY :

Bids were open for the sale of the Cox Motor property located on South Main in Cedar City. Eagle Point Financial Group in Salt Lake submitted a bid for $385,000.00. Cary Smith submitted a bid for $330,000.00. Tom Cardon made a motion to take the bids under advisement, second was by Roy Urie with Robert Gardner voting in favor.

BLM PROPERTY REQUEST WITHDRAWAL :

A letter stating that Iron County was withdrawing its application with the Bureau of Land Management for a recreation and public purposes (RP&P) use for the Sweat Hills to build a shooting range was approved on a motion by Tom Cardon, second by Roy Urie and Robert Gardner voting in favor and signing the letter.

ZONE CHANGE - KEN MIDDLETON :

A zone change request from Ken Middleton was discussed. The area to be included in the zone change was located in Sec 36 T36S R11W and included 6.855 acres. The proposed change is from A-20 to R-1/2. The Planning and Zoning Commission recommended approval of the zone change. Tom Cardon made a motion to approve the change as presented, second was by Roy Urie with Robert Gardner voting in favor. A description is as follows:

Beginning at the Southwest Corner of Section 36, Township 36 South, Range 11 West, Salt Lake Base & Meridian; thence East 1298.35 feet; thence North 230.0 feet; thence West 1298.35 feet; thence South 230.0 feet to the point of beginning. Containing 6.855 acres more or less.

SCHOOL BUS TURNAROUND :

A proposed school bus turnaround near Monte Vista Unit #2 and parallel to Iron Springs Road was discussed. The proposal was not clear on what would be required of the County, therefore the Commission tabled the request without any action.

SOUTHWEST CENTER - MENTAL HEALTH :

Paul Thorpe, representing Southwest Center, Mental Health and Substance Abuse Services, came before the Commission and presented a summary of services provided in 1995-96 in Iron County.

Roy Urie reported that Mr. Thorpe was doing an excellent job in reorganizing Southwest Center and the mental health services provided within the five county area is improving.

Mr. Thorpe reported that the Southwest Center was attempting to purchase a duplex in Cedar City to house some patients that are being reintroduced into the community. He presented a resolution for the Iron County Commission to approve a lease/purchase of the duplex. A similar resolution will be presented to all members of the five county association. A method of funding purchases of housing units in the future will be addressed in an interlocal agreement at a later date. Roy Urie made a motion to approve the resolution for the purchase of the duplex in Cedar City. Second was by Tom Cardon with Robert Gardner voting in favor.

CEDAR CITY SEWER SYSTEM :

Kit Wareham, representing Cedar City, discussed future sewer development and line extensions in Cedar Valley. He presented a map showing several new routes proposed for main lines which would allow for future development west of the current system. One route is currently in the planning stage which would be to continue south and then west near Hamilton Fort and then North to U-56 to connect into the current system. This would serve an area annexed into Cedar by Gilbert Development Company. There was no action required by the Commission at this time.

PERSONNEL - EXECUTIVE SESSION :

Tom Cardon made a motion to convene in executive session to discuss personnel items. Second was by Roy Urie with Robert Gardner voting in favor.

After reconvening in open session, Roy Urie made a motion to approve a grade increase for Stan Roberts from Grade 13 Step 10 to grade 14 step 9 effective September 15, 1996. Ken Davis would be increased from a grade 13 step 10 to grade 14 step 9 effective October 1, 1996. Second was by Tom Cardon with Robert Gardner voting in favor.

LOW INCOME CREDIT :

Claire Dalton came before the Commission to discuss low income credit rates (Indigent Abatements) for 1996. After discussing the proposed county funded low income credit Roy Urie made a motion to approve the rate as presented, second was by Tom Cardon with Robert Gardner voting in favor. A copy of the rate scale is attached.

SPECIAL ABATEMENTS :

Special abatement rates for 1996 were discussed and set at a maximum of $300.00 but not to exceed one half (1/2) of the property tax amount.

Claire reported on a special abatement request from Richard DeWolf. He makes about $500.00 over the annual low income limit. He requested an abatement and special consideration because of excessive medical bills. Claire reported that he has not presented evidence of the medical bills as requested. Roy Urie made a motion to denied the request for a special abatement, second was by Tom Cardon with Robert Gardner voting in favor.

Carol Beth Neilsen was granted an exemption in 1995 for an extreme hardship on a one time basis. She has reapplied for 1996 however her application did not show that she would qualify for an exemption under current standards. Roy Urie made a motion to deny her request for an abatement for 1996, second was by Tom Cardon with Robert Gardner voting in favor.

The list of hardship abatements approved for 1996 is attached as Exhibit B and was approved on a motion by Tom Cardon, second by Roy Urie with Robert Gardner voting in favor.

ROAD PROBLEM :

Robert Holt, Lister Wood and Ken Wood came before the Commission to discuss a road problem near Ken Wood's home located north west of Beryl Junction on 5600 West. Lister Wood explained that the road that leads to a major area of Holt farms is located very close to the front yard of Ken Wood. This road was realigned a few years ago near Ken Wood's home to provide more space between the front yard and the road because of the amount of dust created by the farming operation and the transport of product from the farm. After discussing the problem, Mr. Holt agreed to provide gravel from one of his pits to improve the road provided that the County will surface the road with a sealcoat. The amount of road to be improved would be approximately two miles. The Commission referred the matter to Neil Forsyth and Commissioner Gardner for their recommendation.

ANNEXATION REQUEST :

Steve Gilbert came before the Commission to request approval of a proposal to annex 466.63 acres into Cedar City limits. The property is located near the SUU farm on Westview Drive and adjacent to Meadows Ranch East Subdivision. Mr. Gilbert explained the annexation request is to facilitate the installation of a new sewer main line in that area. After reviewing the request, Tom Cardon made a motion not to oppose the annexation. Second was by Roy Urie with Robert Gardner voting in favor.

ANNEXATION REQUEST - FIBREBOND :

Kent Stapley, representing property owners near a proposed Fibrebond plant, came before the Commission to request approval to annex into Cedar City limits. The property is located west of Lund Highway and south of 1600 North in Sec.5 & 6, T36S, R11W. After reviewing their request, Tom Cardon made a motion not to oppose the annexation provided a 66 foot road right-of-way would be deeded on the west side of the property to either Iron County or Cedar City. Second was by Roy Urie with Robert Gardner voting in favor.

After the bills were reviewed and either approved or rejected, the meeting was adjourned.

APPROVED:________________________

ATTEST:____________________________