Kanarraville Town Board Meeting

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KANARRAVILLE TOWN CORPORATION

Kanarraville Town Board Meeting

May 11, 2017

Kanarraville Town Hall

40 S. Main St.

7:30 p.m.

GUEST AATTENDING: Patty Truax, Brandon Jonsson, Megan Taylor, Mike Nielson, Marlene Houston, Rob Houston, Keith Harroun, Keith Williams, Randy Carter, KayLynn Carter, Reed Carter, Kim Ward, Tom Talbot, Bryan Jackson, Dayna Regouski, Dean Regouski, Randy Williams, Betty Gould, Eugene Beatty, Jacky Coulter, Wendy Coulter, Michael Carpenter

1. CALL TO ORDER: Mayor Allred calls the room to order and welcomes everyone.

2. PLEDGE OF ALLEGIANCE: Keith Williams leads the Pledge of Allegiance.

3. ROLL CALL:
Councilor Tyler Allredhere

Councilor Tyler Corneliusabsent

Councilor Stoney Shugarthere

Councilor John Battyhere

Mayor Galen Allredhere

4. DISCLOSURES AND DECLARATIONS OF CONFLICT OF INTEREST: Mayor Allred asks if anyone has any conflicts of interest to disclose. None of the board has any conflicts of interest to disclose.

5. APPROVAL OF MINUTES FROM APRIL 13, 2017 TOWN BOARD MEETING: Councilor Allred moves to approve the minutes from April 13, 2017. Councilor Shugart seconds the motion. All are in favor.

6. RANDY CARTER BUSINESS AT 240 S. MAIN ST. AND THE KEITH HARROUN FENCE ISSUE. KayLynn Carter said she is getting ready to open on Monday and they wanted the town to know that they offered to put up the privacy fence between her business and Keith Harroun and he doesn’t want the fence from the chain link to the road. It has gone back and forth and she wants him to say what he wants so it can be in the minutes. Mayor Allred asks Keith Harroun to comment. His attorney, Brian Jackson states that he set it out in a letter to the Town Board. (See attachment to these minutes.) He states that they don’t believe that those are the requirements for the fence. There are some concerns and encroachment concerns that need to be addressed before an occupancy permit is issued. We are not here to interfere with the process, we want to let the city know of our circumstances and what we are going to be addressing. There are some setback issues, and the fact that they moved a fence without permission, Jackson states. The Carters said that is not true, that Keith stood with them and pointed out to Randy Carter where the survey marker was. Brian Jackson said the survey doesn’t have anything to do with the boundary. KayLynn Carter said he helped us pull the fence so if he had an issue he should have said something. Randy Carter said he asked Keith five months ago and it was fine. Why is the issue coming up now? Jackson said the issue is what permission did you have to move the fence. Carter said he asked Keith. He came to me at my rental house and he said “did you know that the property line in the new survey is right here”. He took me out there and showed me where it was. Jackson said you have basically changed the boundary between two properties without a survey and established a whole different fence line. KayLynn Carter said let’s make it easy. Does he want the fence back where it was? If he would just say what he wanted? We can move it back or forward. She has tried to accommodate him. He didn’t want the white fence moved, then he comes back and says maybe he does want the white fence moved. If he would just say what he wants, we could do it. Keith Harroun said you have never asked me what I wanted. You have always come up to the fence and told me what you were going to do. KayLynn Carter said we told you in the meeting we would put up a privacy fence. Harroun said you told me you were going to put up a wooden privacy fence. KayLynn said yes. Is that not what you want?

Brian Jackson reiterates that they are not here to try and interfere with the process of getting open. We need to reach an understanding on that. We are willing to give our provisional approval in terms of allowing them to get their occupancy permit provided we are able to sit down and resolve this. He thinks it will come down to the type of fence they put in and where. It sounds like they are amenable to working it out. Mayor Allred said depending on the survey it is very important where the fence goes because it could affect the setbacks. They want to reach a resolution and don’t want to try and interfere with them and their business. Jackson said he wants to see a fence that is maintenance free.

Councilor Allred asks the Clerk to read the letter from Bryan Jackson. The clerk reads the letter. (See attachment to these minutes.)

Randy Carter asks if Keith Harroun wants him to move the fence back? Mayor Allred said if you do that then you are out of compliance with the setbacks. Jackson said we can agree in terms of a formal compensation for that sliver of land, go to the line that they have used provided we can come to an understanding about the fence. Mayor Allred said he can live with that. Jackson thinks a fence a chain link fence with slats will accomplish what all the party’s want. Once that has been established he would have you each exchange quit claim deeds conveying interest to the other party on each side of the fence. That way you would establish a boundary and have an understanding that whatever is on the property is not going to encumber either title for purposes of financing or whatever.

Randy Carter asks who will decide where the property line goes? Jackson said we will run it along the fence line that you established so you can meet the setbacks. He thinks that and the quitclaims will resolve it. Carter said whatever we need to get that done, let’s do it.

Mayor Allred asks how long this is going to take because he doesn’t want to hold the Carters hostage as they need to get open. Jackson said he thinks we have a provisional understanding and the Town can allow the Carters to open their business. He said we are good with that.

Councilor Allred moves to give the Carters their certificate of occupancy upon contingency and a gentlemen’s agreement to get the quit claims for the fencing behind the house to get the building within the setbacks. Councilor Allred adds to the motion that anything between them becomes a civil suit and doesn’t incorporate Kanarraville Town liability. Bryan Jackson said he would make that clear in the letter that Kanarraville would be held harmless whether the fence issue is resolved or not. Mayor Allred asks for a second. Councilor Shugart seconds the motion. All are in favor.

7. BETTY DOULD-BUILDING PLANS FOR A BUSINES AT 80 N. MAIN ST. Mayor Allred asks Betty Gould to bring her plans to the table. Eugene Beatty said they brought a new set of plans. Mayor Allred asks about the Planners. The clerk said they recommended the plans to Town Board contingent on the plans including parking. Mayor Allred said so this is a revision. Eugene said we added a parking spot per table and enough for the employees and a handicapped spot. Councilor Shugart said last week at Planning he was under the impression the parking lot would not be on 100 N. Beatty said it would be safer there. Betty Gould said Main Street is busy and it is safer off 100. It was advised that we not encumber the other piece. Councilor Shugart said it is more of an encumbrance of residential off a side street. Gould thinks Main street parking is fine too. Beatty said you have to be able to go in and turn around in there. Mayor Allred asks Kim Ward, the Planning Chairwoman about the Planners recommendations. Ward states the Planners had questions about access and that was all up in the air, they talked about Main St. and maybe they could put parking on the side but that was an issue as far as residents are concerned. They were concerned about ingress and egress. The Clerk reads the minutes from the Planning meeting. Gould states we had originally talked about the parking when we first brought this up. But originally the first plans had the parking close to the intersection which made it a lot more dangerous. She said we can put it on Main or 100 N. Mayor Allred asks if this qualifies as a commercial building permit. He is told yes. Dayna Regouski asks about the business is it a snack shack with a room on top. Gould said if we have a snack shack out there and vending machines it will be subject to vandalism. Whoever works the shack will live upstairs. If it turns out that the canyon is shut down, she doesn’t want to be stuck with a business that isn’t working. They will modify it and change it into a house and rent it out. Those were her only two options. Mayor Allred asks for public comment. Brandon Jonsson said he is here on Robert Taylor’s behalf. He lives next door on 100 N. His concerns are that the parking is going to be across from his drive way and garage on 100 N. He is concerned about public safety and people parking on the street. Beatty asks where other businesses let their customer’s park. Where do RKS customers and Big Trees customers’ park. Betty Gould shows the plan and points out Main St. She wants to have parking and a turnaround with a stop sign. That would eliminate the parking on 100 N. Gould said she thinks it is a good idea and moves the parking to Main. She thinks it is a better idea and shows how it can work on Main. She wants to do what is safe and that everyone agrees on. Mayor Allred asks the board about the parking. Each Board member think parking should go on Main St. Councilor Allred said he is worried about the living quarters and the various fire codes that will be necessary to implement because it is commercial. There will be safety codes that will apply. It is a different ball of wax because it is commercial. Mayor Allred said you will fall under the Iron County Inspectors department and whatever commercial codes apply will have to be met. Betty Gould said if they have to they will meet the codes.

Councilor Allred moves to approve the plans providing the parking is on Main St. and they comply with every commercial standard from Iron County Building Department code that they have to. Councilor Batty seconds the motion. All are in favor.

8. TRANSFER STATION AND LIMB PILE ISSUES. IRON COUNTY WANTS IT FOR KANARRA RESIDENTS ONLY. Mayor Allred asks Randy Williams to talk about the transfer station. Randy Williams states that Bruce Anderson who is over the Iron County Landfill has requested the board to close the transfer station and limb pile to Kanarra residents only. It is being completely misused and Iron County is not happy with all the extra usage. People are coming from all over to dump there. Mayor Allred asks how long they have given us. Williams said they haven’t given us a deadline, but they want us to address it. Mayor Allred asks about solutions. Williams said we could send all the water customers a key with their water bill. Keith Williams said if you lock it they will dump right in front of the gate. Mayor Allred asks Randy Williams if we control it, will we still be getting the credit we do now with the Iron County Sheriff patrolling Kanarraville. Williams said he doesn’t know as the county entities don’t communicate with each other. But Bruce Anderson did say it is our transfer station, we can to with it what we want. It is up to you. Councilor Shugart said maybe it is time to man it again and hire someone to watch it. Patty Truax said if you stop them from dumping here, they will put it in our dumpster in the county and there isn’t any way to control that. Truax lives in the county, not Kanarraville. Marlene Huston said she wishes they would be considered Kanarraville residents. She too lives in unincorporated county. Their dumpster is full, and since the polygamists moved in it is full as soon as it’s empty. Councilor Allred said lets table it for more information. Councilor Batty moves to table this item until the June meeting. Councilor Allred seconds the motion. All are in favor.

9. HOUSEKEEPING-RAISE HOURLY RATE FROM $10.00 TO $12.50 PER HOUR. Mayor Allred said it is time to give the housekeeper a raise from $10.00 to $12.50 as discussed last month. He asks for a motion. Councilor Allred moves to approve raising the housekeeping hourly rate to $12.50. Councilor Shugart seconds the motion. All are in favor.

10. NEW ORDINANCE FROM PLANNERS. DISCUSSION. The clerk reports that the Planners are ready with the ordinance amendment that addresses commercial zoning. The Planners will be having their public hearing in June and will be recommending the amendment on to Town Board. The Planners want to change setbacks for commercial buildings. There is parking changes, lighting, and signage. They want to have engineered plans and all buildings to have over excavation. The public hearing for the Planners will be in June.

11. USED BACK HOE PURCHASE-COUNCILOR CORNELIUS TO GIVE NUMBERS FOR A PURCHASE. The Clerk reports that Councilor Cornelius wants to report on this next month.

12. 2018 BUDGET-TEMPORARILY APPROVE AND SET DATE FOR PUBLIC HEARING. The clerk asks if there are any changes to the budget for the two funds. No one has any further changes or recommendations. The date for the public hearing is set for the June meeting on the 8th. Mayor Allred asks for a motion to temporarily approve the 2018 budgets and set the date for the public hearing. Councilor Allred moves to approve the 2018 budgets and set the public hearing date for the June 8th meeting. Councilor Batty seconds the motion. All are in favor.

13. NEW WATER MASTER SELECTION. Mayor Allred asks the council to vote on the water master position. John Batty recuses himself from the vote. Mayor Allred will be required to also vote. The votes are counted and John Batty is selected as the new water master.

14. 100 N. 300 E. ROAD CONSTRUCTION AND DRAINAGE BARROW DITCH.-MORE INFORMATION FROM LAST MEETING. Mayor Allred asks if anyone went to look at the problem with the barrow. He said he did and if we put in a barrow from the foot of the hill and through their drive way and the lot, is there enough fall there to barrow. It doesn’t seem like there is any barrow there. Mayor Allred asks Tom Talbot about the issue of keeping the water off the Regouski’s parking lot? He doesn’t. Nothing is decided on this issue and the clerk is told to table the discussion. Tom Talbot was asked to go look the situation over and report back.

15. BLM RIGHT OF WAY FOR WATER SYSTEM-10 OR 30 YEAR RIGHT OF WAY. DECIDE ON THE LENGTH OF TERM AND VOTE TO PAY. The Clerk reports that it is time to finish the Right of Way with the BLM for the water system and we have two options: a ten year option or a thirty year option. After a brief discussion it is decided to choose the 30 year option. Mayor Allred asks for a motion. Councilor Allred moves to approve the 30 year option and pay. Councilor Shugart seconds the motion. All are in favor.

16. OPEN MEETING TRAINING. The Clerk gives Town Board the Open Meeting Training required for State governing bodies. See the Clerk for a copy of the training.

17. BUDGET AND EXPENDITURE APPROVALS. The Clerk gives the budget numbers for the year. He asks if there are any question on the expenditures. No one has any question. Mayor Allred asks for a motion to approve the expenditures. Councilor Allred moves to approve the May expenditures. Councilor Shugart seconds the motion. All are in favor.

18. COUNCILORS REPORTS. Councilor Allred states Cedar City will be changing the way they charge Kanarraville for fire protection. They will charge us $9,000 per year and the per call basis will be no longer be in effect. Councilor Shugart doesn’t have anything to report. Councilor Batty said our water tests were good.

19. MAYOR’S REPORT. Mayor Allred said we had another attempted robbery at the parking lot. The last attempt was witnessed by some campers and they think it was local. The Clerk reports that he empties the bin every night now after the robbery last year. The money is not sitting in the bin overnight so that alleviated the problem. Councilor Allred thinks we needs security cameras.

20. NEW BUSINESS. There is no new business.

21. ADJOURN. Mayor Allred asks for a motion to adjourn. Councilor Shugart moves to adjourn. Councilor Batty seconds the motion. All are in favor.

The meeting adjourns at 8:50.

Submitted by:
David Ence/Town Clerk Kanarraville

Town Board-May 11, 2017