City Council Special Meeting Minutes November 28, 2017

Minutes of Fairview City Council Meeting and Public Hearing held on Tuesday, November 28, 2017, at 7:30 p.m. at 85 South State Street, City of Fairview, County of Sanpete, State of Utah.

Mayor Jeff Cox called the meeting to order by 7:31 p.m. Council Members present were Bawb Nielsen, Cliff Wheeler, Casey Anderson, KaeLyn Sorensen, and Bob St. Jacques. City employees present were Garrett Sorensen, Justin Jackson, Greg Sorensen, and Jan Anderson. Dave Taylor was absent to do a health issue. Citizens present were Karl & Roxann Bartell, Ramon and Erma Lee Aaron, Tyler Faddis from Jones & DeMille Engineering, Mark Venture Atencio and Brent Ventura from Horrocks Engineers.

Councilman Bob St. Jacques offered the invocation and led the Pledge of Allegiance.


Councilman Cliff Wheeler moved to accept the minutes from October 24, 2017, and November 16, 2017, canvass election special meeting. Councilman Casey Anderson seconded the motion. The voting was unanimous in favor of.


Open Public Hearing to Receive Comments on the Proposed Annexation of Property Owned by Fairview City, Kevin Anderson, Richard Breinholt, and Kathryn Baugham. Mayor Jeff Cox opened public hearing at 7:34 p.m. The City would like to annex the rodeo grounds and sports park into the city limits. In so doing, this brings the properties belonging to Kevin Anderson, Richard Breinholt, and Kathryn Baugham in.

Matt Sorensen asked if the included the ball fields. The answer – yes. No more comment(s) were made.

Close Annexation Public Hearing. Mayor Cox closed the public hearing at 7:36 p.m.

Open Public Hearing to Receive Ideas for Specific Project(s) for CDBG Funding. Mayor Cox opened public hearing at 7:36 p.m. The City is looking at applying for funding hopefully in the form of a grant from CDBG. Part of the process is having a public hearing to get the citizens comments on things they would like to see this money used for.

Erma Lee Aaron asked how the City was sitting with backflow preventers, get ride of the old pipes and old service lines. There are families in the area that could benefit form such a grant.

Matt Sorensen is there any plans in place for this grant. Mayor Cox, currently, the City is just looking for ideas.

Garrett Sorensen is this a 50/50 or a full grant. Mayor Cox, I think it is all grant but will know more as the City gets further along in the process.

Justin Jackson what is the funding time on it. Mayor Cox we start with this meeting and then send a letter of intent.

Erma Lee Aaron what Fairview really needs is senior housing – not sure if that is eligible. Mayor Cox we could look in to that.

Garrett Sorensen could any of that money go towards metal pipes, feeder pipes. Mayor Cox – yes.

Greg Sorensen the City could use a salt shed. Mayor Cox – it would save on salt.

Mayor Cox the backflow and pipe in the homes along with senior housing is two great projects.

Closed Public Hearing to Reconvene Back into Regular Meeting at 7:41 p.m.


Horrocks Engineers Presentation. Mark Atencio and Brent Ventura gave a presentation about Horrocks Engineers and services that they do. They are out of Pleasant Grove and do a variety of work. If the City were to chose to have Horrocks doing engineering work for the City, Drew Gyger would be our City field contact. It was stated that the City has been dealing with complaints of cloudy water. It was mentioned that backflow preventers need to be installed. The water has been tested and is drinkable. Horrocks is aware of a few issues the City is facing with the sewer plant, wells, and water sources. Horrocks has access to funding sources, etc. The Council appreciated meeting with Mark and Brent. They would like to proceed in using them on future city projects.

Karl and Roxann Bartell Variance Request on Cargo Storage Container. Karl Bartell stated that he had provided information before-hand and hoped the Council had time to look at it. He would like to leave his storage container on his property. It is a good barrier for the back yards. He knows he needs to have it painted. He said that he came in prior to buying the property and was told he could have a container. The purpose for the container is to store a car and wood working equipment and other items that need to be locked up because he does not have a garage. He stated when he bought the property he was shorted the correct setbacks. If the prior owner had given him the eight feet for the setback then the seller would not have been able to build his home. Mr. Bartell is open for ideas. He is willing to panel it to look like a garage. He does woodworking in there and stores a car in there. The existing shed is right on the property line, it is on a cement base. The County needs to redo the line. Legally it is not right. Matt Sorensen has a concern with why puts in place ordinances if the City does not adhere to them. The property split was approved. There should have been a survey done. It should not have been split or a fence-line agreement should have been in place before the split happened. There is 16 feet from the property line to Mike Sorensen’s home. There is no way to fix it. Councilman Bawb Nielsen asked if there was another place to move it. No. One the westside, the neighbors have their shed three feet from their fence. There basically is not a back yard. Councilman Bawb Nielsen stated that basically it is not a cargo storage issue, but the setbacks are the issue. If the Council approves this then it opens the door for others. It was asked if they could Mr. Sorensen to sell him eight feet of his property. He stated no, they then would not have enough property, etc. This is complex. If you look through out Fairview, there are sheds everywhere that do not meet compliance. Mayor Cox stated that is it hard to keep track of what everyone is doing and enforce it all. Mayor Cox recommended that this issue be tabled until January for more research. Does the storage container meet the requirements as a permanent structure and does it meet the setback? The container is bigger than allowed. Councilwoman KaeLyn Sorensen moved to table this issue until January meeting. Councilman Bawb Nielsen seconded the motion. The voting was unanimous in favor of.


Final on Placement of Stop Signs and Yield Signs. Council reviewed the presented map of placement of yield and stop signs. Need to add two stop signs on 200 south 400 east and 300 north 400 east. The current stop signs that are place wrong will be removed and the proposed signs will be installed. Councilman Bob St. Jacques moved to approve the placement of yield and stop signs as it will lower the liability hazard and meet the requirements from the traffic study. Councilman Cliff Wheeler seconded the motion. The voting was unanimous. It was state the public should be education on the change. Print map and put in focus and on line.

Utility Policy Discussion on Rental Properties. Mayor Cox stated that in a recent discussion in the office, rental properties are known for growing large utility bills with renters leaving their bill unpaid.

Currently, a renter can have the utility bill put in their name with a $400 deposit. It would simplify things if the utility bill was left in the landlord’s name. Discussion ensued, consensus with the Council was to leave in landlord’s name. Come back in January with policy.

Business License Fee Discussion. A new business renewal form was presented to the Council for their review. SB081 was passed this past legislative session which basically said the cities should not charge fees to businesses that the city or citizens don’t see, hear, or know about. They do not impact the community or neighborhood. In the new form, it allows businesses to claim an exempt status which means they are exempt from paying a business license fee. If they claim exempt, then no fee is required. It is up to the businesses if they would like to have a current business certificate. The question before the Council was are the fees where you would like them to be? Currently, a commercial business pays $50 plus $5 for every full-time employee they have. A home-occupation business pays $35. Councilman Bob St. Jacques moved to keep the commercial fee the same at $50 a year plus $5 for every full-time employee, and lower the home-occupation fee to $10 and allow for an exemption. Councilman Cliff Wheeler seconded the motion. The voting was unanimous in favor of.


Resolution No. 2017-14R; Amending Ordinance No. 2017-03. The original resolution was passed with the wrong footage. With building, the City is governed by the International code. The standard for small accessory buildings is less than 200 square feet. Councilman Bawb Nielsen moved to approve Resolution No. 2017-14R. Councilman Bob St. Jacques seconded the motion. The voting was unanimous in favor of.

Ordinance No. 2017-02; Ordinance Establishing a Botanical, Cultural, recreational and Zoological Organization or Facilities Tax. Councilman Casey Anderson moved to adopt Ordinance No. 2017-02 as amended adding the word “tax” to second page, section C– “… by which the tax is…” Councilman Cliff Wheeler seconded the motion. Voting was unanimous in favor of.

Ordinance No. 2017-04; Annexing Specific Property to Fairview Utah. Councilman Bob St. Jacques moved to adopt Ordinance No. 2017-04; with the amended change adding the correct code section on Number 4. Councilwoman KaeLyn Sorensen seconded the motion. The voting was unanimous in favor of.


Mayor Jeff Cox – General City Business Update. City employees are putting up Christmas lights. The upper well above Sammy Kogianes’ well. It is in a pressure zone. Meaning where they had to drill to about 4 to 5 hundred feet to meet the aquifer, and it is under pressure. What happens then is rocks get pushed past the casing and into the well. This is the reason the well has been down for a month and a half. Need to get a chlorinator to fix it. City Employee Justin Jackson added a filter and changed the location of the filter to help save on the chlorinator. He was hoping that running the well at 45 hertz hoping it would not pull up the gravel, but it is still plugging up the filter. It is  starting to get a fine sediment in the system. It is clogging up everything. Looking at re-casing the well. It probably has been three years when last pulled and added a brand-new casing. Justin is still working with this well.

It is back on line. He is also working with the engineers to see what would be a permanent fix. The City does not need it for the winter months but will need it for spring and summer. Mayor Cox also stated that they interviewed several candidates for police chief.

Councilman Bawb Nielsen mentioned that a shed on 100 West and 100 North was going up and not if it meets the setbacks. Need to look in to this.

Councilman Cliff Wheeler there was a nice turn out for the Veterans’ ceremony. Also, there were good candidates for the police job submitted.

Councilman Casey Anderson has invitations for the Mayor and Council for the UAMPS annual member conference in December, he will bring them around to their homes. Paper work for the Horse Butte Wind project was submitted. It offers an early buy out. Can be bought out right.

Councilwoman KaeLyn Sorensen the City won first place for best parade and rodeo. So appreciative of the volunteers and the good job they do.

Councilman Bob St. Jacques thanked Mayor Cox and Councilman Bawb Nielsen for their service, and their effort they put in to make this place great. He went to the Corner Station small business day. There were lots of people there and spending their money.


A question was asked regarding the repair on the new backhoe. It was stated that someone went out and scrapped willows and did not get the bucket down low enough. The sensor was ripped off. It was asked whose responsibility was it to maintain the road to Fairview Heights. When the sewer line was put in, it was decided that Fairview City would maintain the road. This was done to protect the manholes. The road is falling apart– just the section around the manholes. Councilman Cliff Wheeler moved to approve the vouchers from October 23, 2017 to November 22, 2017. Councilman Casey Anderson seconded the motion. The voting was unanimous in favor of.


Councilman Bob St. Jacques moved to go in to executive session at 9:31 p.m. Councilwoman KaeLyn Sorensen seconded the motion. The voting was unanimous in favor of.

The Council reconvened back into regular session at 10:18 p.m.   No further city business was conducted.


Councilman Bob St. Jacques moved to adjourn meeting at 10:19 p.m. Council Bawb Nielsen seconded the motion. Motion carried in favor of.


City Recorder             Date

Minutes of Executive Session of Fairview City Council Tuesday, November 28, 2017

Minutes of executive session held on Tuesday, November 28, 2017, at 9:31 p.m. in the council room of the Fairview City Hall, 85 South State, Sanpete County, State of Utah.

Present were Mayor Jeff Cox along with Council Members Bawb Nielsen, Cliff Wheeler, Casey Anderson, Kaelyn Sorensen, and Bob St. Jacques.

I, Mayor Cox do swear that the purpose of the executive session was to discuss a personnel matter.