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  • Barnes Bullets removed from Water Tanks Annexation proposals


By Myrna Trauntvein
Times-News Correspondent

Barnes Bullets was removed from the proposed Mona Annexation at their request.

The Water Tanks Annexation proposal was accepted by the city and now will begin the legal process of required noticing and public hearings before being accepted as annexed property.

"The third time is the charm," said Patrick Painter, who has been spear heading the annexation proposal at the request of the mayor and council. "Barnes Bullets is not in&emdash;not one speck, not one inch&emdash;and they will not sign the annexation petition."

Mayor Bryce Lynn said it came as a surprise that Barnes did not want to be included because they had earlier indicated they were willing.

In fact, said Lynn, at a meeting held at Mickelson's Cafe with former county commission chairman Neil Cook, commissioner Robert Steele, economic development director Glenn Greenhalgh, representatives of Mona City council and owners of Barnes Bullets, those owners had indicated they wanted to be included in an annexation.

He said that Barnes Bullets had actually instigated the meeting and had invited council members to another meeting at their current facility.

Then they suddenly did not want to be included.

"All it would have taken was one phone call," said Lynn. "Pat (Painter) has put out thousands of dollars of his own money on this."

Rory Nielson said that the council was surprised to read the objections in the newspaper.

Nevertheless, Painter said, property belonging to Barnes Bullets will no longer be included in the annexation.

He said, quoting Utah State Code 10-1-104, that the city does not need to worry about Barnes Bullets property creating a peninsula.

"A 'Peninsula,' when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25 percent of the total aggregate boundaries of the unincorporated area," reads that section.

Juab County Commissioner LuWayne Walker said commissioners understood that the change in attitude towards the annexation came about because of a government contract that Barnes Bullets had won.

Barnes needed to have the property open so that they could provide the needed acreage around the manufacturing plant, he said. Residences cannot be built close to the land where the bullets are tested, even though that testing is done underground.

"On base, before testing can be done, a 30-day notice has to be given because of nearby property owners," said Walker.

The new annexation will be 562.95 acres rather than the 657.19 in the application presented two weeks ago.

That annexation application was not acted upon.

Randy Brooks, owner and operator of Barnes Bullets since 1974, would not agree to allow the property in line with the water tank to be annexed. The mayor some council members wanted five-acres of land belonging to Barnes to be included in the annexation because it gave the city a straight shot at the city water tanks.

The five-acres proposition was presented to Brooks but was declined.

Property east of the freeway to the water tanks, north of Cemetery Lane, will be part of the annexation. That property excluding Barnes Bullets, belongs to Patrick and Tonya Painter, Gordon and Rhonda Jarrett, Utah Power & Light Co. and Mona Irrigation Company.

However, the largest number of acres being annexed which belongs to approximately 27 landowners, is located south and west of the freeway. That property will likely become residential.

The property east of the freeway is being considered as possible commercial development property.

"Utah Power & Light (which lies east of the freeway) wanted to be included in the annexation," said Lynn.

"What advantage does the city have by annexing the water tanks?" asked Doran Kay. "What level of protection will the city gain that they do not already have?"

Allen Pay, city water master, said the city needs to have the tanks annexed into the city to give them greater control over the culinary water source protection.

The county does have a source protection plan, said Kay.

Nevertheless, said Lynn, the city council just thinks it is to the city's advantage to have the tanks be included in the annexation.

"The Water Tanks Annexation is just a name," said Cory Squire, council member.

Walker pointed out that the large annexation would make room, roughly, for 1,000 half-acre lots.

"The county does not have an impact fee," said Walker.

Therefore, he wondered what the plans were for making certain that citizens of the county did not have to pay for the impacts that may be caused by so many homes being built.

"One effect that will occur is in the landfill," he said.

Landfills and some other solid waste facilities are subject to location restrictions, design and operating criteria, ground water monitoring and corrective action requirements, closure and post-closure care requirements and financial assurance requirements.

The landfill is getting closer and closer to having to meet more stringent requirements. For example, it may be pushed to the point of having to add plastic liners in order for solid waste to be deposited.

Squire said that was a good point.

"We are not approving the annexation tonight," he said.

Maybe the council needs to have a transitional holding zone and require all those making proposals for subdivisions or for commercial development to apply for rezoning.

"You have leverage, as a city, prior to annexation. The time to address those issues is now," said Kay.

The council is just agreeing to accept a petition for annexation, said Squire. A public hearing to be held will allow the public and the council to address some of the questions prior to the annexation becoming final.I have looked over the application and find it meets the requirements of law for the State of Utah.

"If the council accepts the petition/application, or is considered to have accepted it, you shall forward the petition to me, city clerk for certification of the petition according to Utah law," said Lyla R. Spencer, city clerk and recorder.

"Within 30 days I will consult with the county clerk, Patricia Ingram, to determine whether the petition meets the requirements of law, certify the petition and deliver or mail written notifications of the certification to the council, the contact sponsor (Hal Newton) and the county commission."

The certification letter will be available at the next city council meeting on February 13, 2007. The city council will then continue the process for the Water Tanks Annexation at that time.