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  • After public hearing, Mona Council approves annexation for new subdivision  


 

By Myrna Trauntvein
Times-News Correspondent

PUBLIC HEARING • Mona Mayor Bryce Lynn addresses the public hearing on annexation of new area into Mona. The Council approved the annexation 4 to 1 after the hearing.

A Mona annexation hearing held by the town council Monday at 7 p.m. was attended by 84 people but only eight residents and two council members took the opportunity to enter comments.

The hearing was held prior to the council decision to allow the annexation of property owned by Pat Painter.

In addition to all council members being present, Attorney Phil Lowery, Howard, Lewis and Petersen, Provo, was on hand to represent the council, and Attorney Jens Fugal, Pleasant Grove, was there to represent Painter.

Doran Kay (D. Kay), council member, was the lone hold-out among the council. All the others, including Mayor Bryce Lynn, voted to accept the annexation petition and to approve the ordinance allowing the annexation and the recording of the plat map with the county recorder.

"As elected officials, we are entrusted with the responsibility to protect the public interests. It is of great concern to me that the public interests are not being protected in the action proposed by Mr. (Pat) Painter to annex property into the town of Mona for the purpose of developing 90 to 100 residential units as noted in the minutes of the town board meeting held Feb. 9, 1999," said Kay.

A new storage tank for the water system has been projected to cost, for construction and engineering, $180,000 with another $70,000 to be spent for valves, chlorinator, instrumentation and materials to plumb the new tank to the existing tank.

"The town of Mona has recently spent $180,000 in drilling a culinary water well," said D. Kay. "The process is not yet complete. It is projected that this point of diversion can yield enough source to supply water for 505 connections."

Rick Schnurr, council member, said he also wanted time to address the people attending the hearing.

"I have not prepared a formal statement," he said. "I have a forum once a month, at council meeting, to express my opinions. I thought this was a place to hear the comments made by community members."

However, he thought it was wise to comment that the council has had a planner, at no cost to the community, working to update the town subdivision and annexation ordinance.

Schnurr said he had also contacted several cities and obtained copies of their annexation ordinances. He had talked with Glenn Greenhalgh, county economic developer, and had learned that it was wisest to annex the Painter property.

"Basically, I learned it would be like having a gorilla on the doorstep with no fees and no revenue to assist with infrastructure."

All those addressing the council were given three minutes to explain their stand on the issue. D. Kay asked for, and was granted, extra time&emdash;25 minutes&emdash;to express his viewpoint.

Robert Steele, county commissioner, said that towns and cities in Juab County had, in their master plans and in the county master plan, indicated a potential growth area.

Those who come to the county commission seeking annexation had to, if they were located in the growth area of a town, abide first by the city's rulings and specifications. Those outside the growth area had to meet county specifications.

"If you refuse to annex, the county can still approve a subdivision in the county," said Steele. "I for one, if you delayed annexation while you were working on a policy but, at some point, planned to annex, would not vote to approve a subdivision until your policy was in place and you voted to reject or approve the Painter subdivision."

At the last council meeting, council members were handed a petition signed by 235 townspeople and 17 nearby county residents. The signers requested an annexation policy be instituted before the annexation be allowed.

One of those who passed the petition was Clive Buchanan. He had since had a change of mind and was one of those who addressed the gathering on Monday evening.

Buchanan said he had learned some mitigating information. "It is the subdivision ordinance that really has to be tight."

Some towns in the state have refused annexation through a series of legal steps, however, they had not stopped growth but had failed to benefit from it.

"Developers find ways to go through the county and still create subdivisions which became their own towns," he said.

Cedar Fort was an example of this type of growth. The community still had to provide the basic infrastructure the new areas lacked. "They traveled on Cedar Fort roads and Cedar Fort had to provide fire service and so, the town ended up with nothing&emdash;no tax dollars for maintenance."

"If we annex, we have the control and that is the only way we will have that control," said Buchanan. When property is annexed, the city gets the money from water and gas utilities but when the county provides gas for a subdivision, the county gets the money from the gas utility.

"They provide natural gas at the same cost Mona does," he said.

Rick Kay (R. Kay) told the council he had concerns, mostly with the water supply. Painter, he said, was proposing to exchange irrigation water for culinary water use.

That represented a change in flow. "We can end up in a big lawsuit," he said.

"Let's have a growth policy," said Kathy Kay (K. Kay). She said she thought the town should have a policy to fill up the town (empty lots inside the existing boundaries) before annexing property.

Several years ago, said K. Kay, she had been on the city committee to propose a master plan. Interior growth first had been a priority of the committee.

Quentin Kay (Q. Kay) said he was the one who presented the council with the citizen petition requesting, among other things, an annexation policy be adopted before the annexation of the Painter property annexation was approved.

"Rick Schnurr, council member, gathered up some annexation policies from other towns," said Q. Kay, "and those need to be studied and considered in drawing up an annexation policy for Mona before the annexation for Painter is approved."

Susan Kay (S. Kay), wife of council member Kay, said it was her opinion the council needed to put into place an annexation policy before allowing any annexation to the town.

"I have gone through some of the other policies with Doran (Kay), and think we need to have a policy of our own."

Glen Gooch said he thought their was quite a discrepancy between the value of the water Painter was contributing to the town and the value of culinary water.

"There is quite a discrepancy&emdash;$20,000," said Gooch. The disadvantage was to the town and its taxpayers.

D. Kay said he had requested a feasibility study be done, at Painter's expense, to evaluate the exchange value of the proposal of exchanging five shares of Mona Irrigation Water for culinary water.

"In essence, five shares of Mona Irrigation Water valued at approximately $20,000 to $30,000 deeded to the town in exchange for $100,000 to $150,000 worth of culinary water rights needed to supply as much as 50 acre feet required by state standards for inside use, is not fair to the taxpayers of Mona."

Following the hearing, two actions were taken by the council. The first, to accept the petition for annexation, was made in the form of a motion by Darlene Fowkes, council member, and was seconded by Rhett Thalman, council member.

The second action was to enact the ordinance making the annexation official and that motion was made by Thalman and was seconded by Fowkes.

D. Kay was the only negative vote on both actions.

 

 

 

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