IRON COUNTY COMMISSION MEETING
March 26, 2007
Minutes of the Iron County Commission meeting convened at 9:00 a.m. March 26, 2007 in Commission Chambers at the Iron County Courthouse, Parowan, Utah.
Officers in attendance included:
Wayne A. Smith Commission Chairman
Alma L. Adams Commissioner
Kevin Thurman Deputy County Attorney
David I. Yardley County Clerk
Also Present:
H. Eugene Adams County Auditor
Dennis W. Ayers County Assessor
Patsy T. Cutler County Recorder
Geraldine S. Norwood County Treasurer
Mark O. Gower County Sheriff
Absent:
Lois L. Bulloch Commissioner
SYNOPSIS :
APPEAL OF CONDITIONAL USE PERMIT 1 2
APPROVAL OF MINUTES March 12, 2007
APPROVAL OF WARRANTS & ADJOURN
BACK UP GENERATOR FOR COURTHOUSE DISCUSSION
CELL PHONE ALLOWANCE DISCUSSION PART TIME EMPLOYEES
COMMUNITY DEVELOPMENT BLOCK GRANT SECOND PUBLIC HEARING
PUBLIC HEARING AGRICULTURAL PROTECTION AREA
PUBLIC HEARING ZONE CHANGE 1 2
REQUEST FOR PRAIRIE DOG NON PERMANENT TAKE
REVISION OF COUNTY NUISANCE ORDINANCE
SITLA RANGE IMPROVEMENT PROJECT #287
Those assembled were led in the pledge of allegiance by Geri Norwood.
APPROVAL OF MINUTES March 12, 2007 :
Minutes of the Iron County Commission meeting held March 12, 2007were approved as amended on a motion by Alma Adams. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Patsy Cutler reported that the book repair firm has been contacted regarding the restoration of books in the Recorder’s Office. The covers are being prepared and the repair work will take place on site later this year on half of the books. The remainder will be repaired in 2008.
Geri Norwood reported that the Treasurer’s Office has been on the Tyler computer program for about a month. There are still a few issues being worked on which results in double entering all transactions.
Geri also reported that the annual tax sale is scheduled for May 24. Currently there are a few parcels with buildings still on the list. The process of title searches and notifications of lien holders will be taking place in the next few weeks.
Dennis Ayers reported that the Assessor’s Office is preparing for State Tax appeals during the next two weeks. He also reported that the Assessor’s Association are reviewing legislation passed during 2007 to determine if key elements were left out or that need to be readdressed in the 2008 legislative session.
Erik Jorgensen reported that the Justice Court is now live on the Eagle software system. They are currently working on automatic ticket exchange which should be working within the next two weeks.
David Yardley reported that Pallidan Iron has applied for an encroachment permit to construct a power line to their new mill at Iron Mountain. Once the line is installed, work will begin on their new ore processing mill.
David also reported on attending meetings concerning the 2010 census. The LUCA program is an address verification process where residences will be identified so that complete census numbers can be obtained. It will require local participation to determine if all residences have been identified.
Wayne Smith reported on the Commissioners attendance at the NACO Legislative Conference. The meetings were very helpful and good progress was made on finding solutions to the prairie dog problems within the County. The Legislators were very receptive to getting a new HCP and preserve process in place.
Kevin Thurman discussed a proposed lease for a Port 15 sign along SR 56. The sign will be constructed so that it does not create a traffic hazard and will be in compliance with Cedar City’s sign ordinance.
Alma Adams made a motion to open a public hearing to receive comments on a proposed Zone Change from R-1 to R-1/2 located within Section 28, T35S, R11W. Requested by Joe and Sally Melling. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Chad Nay reported that the property is located adjacent to Flying L Subdivision and also on the west side of 2300 West. The property is in a Tier 2. The Planning Commission recommended denial of the zone change because Cedar City has not responded regarding the possibility of annexing this area.
Joe Melling explained the proximity to current Cedar City municipal boundaries. Currently the property is not contiguous but with one proposed annexation Cedar City is considering it could be annexed.
Teresa Harrison, a resident of Flying L Subdivision requested the request be denied and for the property adjacent to Flying L remain R-1.
Milt Chrissman submitted letters from himself and Chapman’s requesting that the property remain R-1 to maintain the country atmosphere of the area.
Garth Carter, Flying L Homeowners Association, stated that the Homeowners were not opposed to the zone change on the parcels located on the West side of 2300 West street. They would like the parcel situated between Flying L to remain R-1.
After all comments were received, Alma Adams made a motion to close the public hearing. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Alma Adams then made a motion to table action on the proposed zone change to allow Melling’s an opportunity to pursue annexation into Cedar City. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Alma Adams made a motion to open a public hearing to receive comments on a proposed Zone Change from R-5 to R-1/2 within Section 15, T35S, R11W. Requested by Six-Man-Development. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Chad Nay reviewed the proposed zone change map and the proximity to the Stevensville Ditch which is a designated flood channel for Coal Creek. Steps will be taken to maintain the flood channel and to minimize flooding risks to adjacent properties. The Planning Commission has recommended approval of the zone change.
Lonnie Woolf, an adjacent property owner expressed concerns with future roads as outlined on the development plan and also safety concerns with flood channels and irrigation ponds in the area becoming an “attractive nuisance” to small children within the subdivision. He also expressed concern with water issues for existing area residents and dust control during construction of the subdivision.
The Commission responded that several of these issues will be addressed at the Subdivision phase of the process before the Planning Commission. They recommended that he attend those hearings and express concerns at that time.
Alma Adams made a motion to close the public hearing and to approve the zone change as requested. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
REQUEST FOR PRAIRIE DOG NON PERMANENT TAKE :
Questar Gas represented by Gae Lynn Froyd came before the Commission to request a non permanent take approval for one prairie dog on a gas line installation project in Cedar City. The project, adjacent to the Iron County School Bus Garage, was installed to upgrade existing service in this area. Because of personnel changes at Questar, a permit was not obtained prior to the installation.
Alma Adams made a motion to approve one non permanent take prairie dog for the Questar project. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
APPEAL OF CONDITIONAL USE PERMIT :
Andrew and Diana Callahan requested an amendment to a conditional use permit for an Outdoor Recreation (Motor Sports Park) located at 2450 W 800 South, Beryl, UT Within Sec 2, T36S, R 17W. Mr. Callahan requested that all conditions except number 1 be removed. He reviewed each of his concerns with fencing, lighting, hours of operation, rest room facilities, crowd control, dust control and food services.
After listening to his concerns, Alma Adams made a motion to table the matter and refer it back to Zoning Administration Staff for a review of Mr. Callahan’s concerns. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
APPEAL OF CONDITIONAL USE PERMIT :
David W. Benson representing himself and Bret R. Murie requested an amendment to a conditional use permit issued for a Guest Ranch located at 11500 W Hwy 56, Cedar City, UT Within Sections 33 & 34, T 36S, R13W.
Chad Nay reported that all issues have been addressed except requirement number 9
which requires that the premises be owner occupied.
After reviewing the request, Alma Adams made a motion to amend item 9 to not require the premises be owner occupied. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Colette Eppley presented for approval new employees Scott Willis as a part time custodian at the Senior Center in Cedar City; Blaine Cox as a temporary prairie dog technician; and Adam Kavalunas as a temporary prairie dog technician. Alma Adams made a motion to approve the hires. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Colette presented Scott Craft for a promotion from EMT Basic to EMT Intermediate. Alma Adams made a motion to approve the promotion. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Alma Adams made a motion to convene in closed meeting to discuss personnel matters in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
STATE OF UTAH )
) s.s.
COUNTY OF IRON )
I, Wayne A. Smith, Chairman of the County Commission of Iron County, Utah hereby certify that the purpose of the Closed Meeting convened was conducted in accordance with Utah Code 52-4 et. seq. for the purpose of discussing the character, professional competence, or physical or mental health of an individual.
Dated this 26th day of March, 2007.
Signed: Wayne A. Smith, Chairman
Attest: David I. Yardley
County Clerk
PUBLIC HEARING AGRICULTURAL PROTECTION AREA :
Alma Adams made a motion to open a public hearing to receive comments regarding a request by T W Jones & Sons for the designation of an agricultural protection zone on 23 parcels located within: Sec 4, 5, 6, 7, 16, T36 S, R15W; Sec 8, 9, 10, 15, 18, 19, 20, 21, 22, 30 T36S, R16W; Sec 24 & 25, T36S, R17W. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Steve and Mason Jones asked a question regarding the ability to remove specific parcels at a later date without disturbing the remaining APA. They were informed that the law allows for a property owner to request removal of the APA at any time on any parcel.
David Yardley reported that the Agricultural Protection Board and the Planning Commission have submitted letters with findings as follows:
1. the land is currently being used for agriculture production.
2. the land is zoned for agriculture use.
3. the land is viable for agriculture production.
4. the extent and nature of existing or proposed farm improvements or the extent and nature of existing or proposed improvements are in compliance with existing standard agricultural practices and proposed improvements will be to further comply with best agricultural practices
5. anticipated trends in agricultural and technological conditions continue to show this is a viable agricultural operation.
After all comments, both written and oral were heard and discussed, Alma Adams made a motion to approve the agricultural protection area for T W Jones & Sons as requested, and to authorize a notice to be mailed to the Utah Department of Agriculture as required by statute. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
COMMUNITY DEVELOPMENT BLOCK GRANT SECOND PUBLIC HEARING:
Commissioner Wayne Smith, opened the second public hearing at 2:00 p.m. for the CDBG program. Commissioner Smith stated that this hearing is being called to allow all citizens to provide input concerning the project which was applied for under the 2007/2008 Community Development Block Grant Program. The county has amended its capital investment plan and decided to apply for funds on behalf of the Iron County Council on Aging, Parowan Senior Citizen Center located approximately 715 N 300 East, Parowan, UT. The Commissioner introduced Connie Lloyd from the Iron County Council on Aging, Parowan Senior Citizen Center. The Commissioner explained that the application was successful in the regional rating and ranking process and the Parowan Senior Citizen Center was approved for a Grant Award of $150,000 for 2007 and an additional grant of award of $150,000 for 2008. The Commissioner explained the project to those in attendance.
The Commissioner then asked for any comments, questions and concerns from the audience. The only comment came from Mr. Ronald Johnson, who wanted to know if the location of the proposed senior center will interfere with a future expansion of the existing ambulance garage which is located adjacent to the project and was also constructed with CDBG funds. The Commissioner indicated that the site is being reviewed at this time but future expansion of the ambulance garage is one of the considerations being considered in the plot plan. Since the property is being donated by Parowan City a compatible site will be located on the parcel.
The Commissioner stated that copies of the capital investment plan are available if anyone would like a copy. There were no more comments and the hearing was adjourned at 2:30 p.m.
SITLA RANGE IMPROVEMENT PROJECT #287 :
A proposed range improvement on a parcel of SITLA owned property where Bracken’s will be allowed to drill a well and install a water trough for livestock was reviewed by the Commission. The proposal has been reviewed by Art Tait who reported that he is in favor of the project as long as all parties are aware that there is a four wheeler trail adjacent to the project. Alma Adams made a motion to approve the project. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Neil Parry met with the Commission to discuss proposed prairie dog take. David Yardley reported that Mike Marsenich, which had been approved for 1.8 permanent take dogs has decided to postpone his project indefinitely and will reapply when he is ready to build or he will sell the property as is.
David Weller was contacted by phone to determine if he is able to proceed with his project immediately. He requested that he be allowed to pass for 2007 but to stay on the take list.
Toni Robinson is next on the list and has requested approval of 4.8 dogs for a home project in Parowan. Alma Adams made a motion to approve take of 4.8 dogs for Toni Robinson. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Neil Parry requested the Commission consider funding transportation costs to relocate trapped prairie dogs this summer. He explained that DWR has not budgeted sufficient funds to transfer dogs to an area in Garfield County and that there are no suitable sites ready for transplants in Iron County this year. No action was taken on this request at this time.
The Commission discussed with Art Walunas concerns with the Miss Iron County Pageant. The pageant directors want assurances that the pageant will be covered under the County liability insurance. David Yardley reported that in conversation with UCIP staff, where the County just donates funding with no oversight or controls, that the pageant would not be included in County coverage. In order to be covered it would be required that all activities and funding would be controlled by the County.
Art also discussed additional funding for prior year pageants as the pageant operates on credit and pays prior year expenses with current year funds. The Commission took no action on this budget amendment request.
LEVAN TV SITE LEASE APPROVAL :
A site lease for a TV Transmitter system at Levan Peak was approved on a motion by Alma Adams. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye. The site will be constructed this summer and will allow for access control of our TV Transmitter system.
A proposed annexation of property West of 300 West in Paragonah was reviewed. Alma Adams made a motion not to oppose the annexation. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
ANNEXATION NOTICE CEDAR CITY :
A proposed annexation of property along 1600 North and West of Williams Lane was reviewed by the Commission. The Commission was opposed to the annexation as presented because it creates islands and peninsulas. The matter was referred to Chad Nay and Reed Erickson to determine if a solution could be reached with Cedar City.
SURPLUS PLAT MAP BID APPROVAL :
Bids for the purchase of surplus 2006 plat maps were opened as advertised. ERA Realty bid $2,000 for one set. Alma Adams made a motion to approve the bid of ERA Realty for their choice of available sets. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Names were submitted by Lois Bulloch to replace Larry Brough, Enoch and Tammy Boshardt, Beryl as members of the Bookmobile Library Board. Names submitted for consideration were Jill Schill, Newcastle and Betty Jo White, Enoch. Alma Adams made a motion to appoint Jill Schill to replace Tammy Boshardt and Betty Jo White to replace Larry Brough. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
CELL PHONE ALLOWANCE DISCUSSION PART TIME EMPLOYEES :
Pauline Applegate has requested clarification of County policy for part time employees which receive a cell phone allowance. After the matter was discussed, Alma Adams made a motion to approve up to ½ of the annual allowance for part time employees. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
REVISION OF COUNTY NUISANCE ORDINANCE :
Kevin Thurman presented the Commission with some proposed amendments to the nuisance ordinance which will make the process easier to administer and to allow problems to be remedied. The Commission questioned proposed amendments including not allowing construction equipment to be parked for extended periods on property. They requested this only refer to residential zones. Alma Adams also questioned animal and livestock noise being included in the nuisance ordinance.
Kevin will continue to work on amendments and will present them for review prior to an ordinance is presented for approval.
BACK UP GENERATOR FOR COURTHOUSE DISCUSSION :
David Yardley reported that a used diesel 200 KW generator is available in Panguitch and has been offered to the County for $25,000. The generator is large enough to operate the Courthouse in a power outage and would replace the unworkable smaller generator now in place. Commissioner Smith requested that other sources be explored to determine if the generator is adequate or if other generators are available at a lower price.
Erik Jorgensen stated that it would be very helpful to have a back up power source to maintain computer servers in a power outage and to allow courthouse operations to continue uninterrupted.
Christene Keene reported that the two religious charitable organizations that had not submitted applications for tax exemptions have since completed the applications and qualify for exemption. Alma Adams made a motion to approve the exemption for the Church of Christ in Cedar City and Grace Christian Church in Parowan. Second by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
APPROVAL OF WARRANTS & ADJOURN :
After the bills were reviewed and approved or rejected, the meeting was adjourned at p.m. on a motion by Alma Adams. Second was by Wayne Smith. Voting: Wayne Smith, Aye; Alma Adams, Aye.
Signed: Wayne A. Smith, Chairman
Attest: David I. Yardley
County Clerk