City Council Meeting Minutes, Nov 19, 2022

Minutes of Special Fairview City Council Meeting and Public Hearing held Thursday, November 29, 2022, at 85 South State Street, City of Fairview, County of Sanpete, State of Utah. Mayor Brad Welch called the meeting to order at 7:30 p.m. Councilmembers present were Mike MacKay, Shirlene Rasmussen, Jim Cheney, Matt Sorensen, and Casey Anderson. City Employees present Steve Gray, Logan Ludvigson, Justin Jackson, Greg Sorensen, Cameron Thompson, and Jan Anderson. Citizens present were Jon Haderlie, Larson and Company, Nat and Scott Guymon, Amy Anderson, Tav and Janet Dunn, Randy and Janet Dowland, Lee Schoonover, Bryce and Jean Guymon, Denise Andersen, Penny Hatfield, Michael Robison, Andy Hindes, Lori Freytaz, James Larsen, Heather Heugly, Jill Anderson, Sam Ray, Nathan and Erynn McClure, Tom Christensen, Jeff and Patricia Rasmussen, Kirk and Shauna Watts, Dave and Alice Bright, Dave and Janel Christofferson, Robert Nelson, Bill and Lori Robinson, Jessica Clare, Behrad Tabatabaei, George and Elaine Lee, Evin Jensen, Carrie Christensen, LeeR Sorensen, Ferron and Marsha Collings, Jackie Zabriskie, Mary B. Pendleton, Bert Miner, Lea McKissick, Scott Hymas, Todd Lee, Rusty Bench, Robert and Janeen Garlick, Shayne Thompson, Michael Finn, Sam Kogianes, Paul and Roxanna Kendall, and Judy Cheney.
The invocation and Pledge of Allegiance was offered by Kirk Watts.

Councilwoman Shirlene Rasmussen announced that Santa is coming Monday, December 5th at 6 p.m., bring your letter(s) to Santa, and/or you can drop your letters off in the mailbox atop the stairs on the west side of the City Hall. December 14th is the last day for letters. North Bend Entertainers will hold their Christmas Program, “The Best Christmas Pageant Ever” December 1, 2, 3, & 5 at 7 p.m.

Public Hearing:
Open Public Hearing to Receive Comment on the Proposed “East Fairview Annexation” for Properties Located North/East and East of Fairview City Corporate Boundaries. Mayor Brad Welch opened the public hearing at 7:35 p.m. Mayor Welch turned the time over to City Manager Cameron Thompson who presented the proposed annexation and facts along with answers to questions that were brought before him. Councilman Mike MacKay took a few minutes to review some of the planning and zoning that would occur with the annexation. Councilman Jim Cheney explained the process with the roads, and City Employee Justin Jackson explained the infrastructure of water and sewer. It was mentioned that a small technicality was left out when noticing the meeting. The notice did not make clear that written protests must be received. Therefore, this public hearing is mainly for information and answering questions. The Council will not move forward with the prepared ordinance.

Mayor Brad Welch then opened meeting for questions:

Bill Robinson asked if there was an ordinance for greenbelt in the City or does it follow suit with what the County has the county. Answer—Greenbelt is governed by state statue. It is set up through county and it will stay the same, greenbelt will not be affected.

Kirk Watts, I have a lot in Fairview Heights, plan to build, want to have opportunity to possibly sit in one of the chairs to have an impact on what takes place in the community. Answer– the biggest concerns is if you do not sit on the council or do not have a vote to elect them then you are not represented. You already have the benefits, they are already there so the privilege it to vote, we can complain all we want, but with the opportunity to serve then you can be part of the guiding ordinances here.
Lee Schoonover, the laws to be annexed into the city wasn’t really applied, there wasn’t a time where a petition was handed around for the property owners to sign, never seen a petition and certified value. This did not happen by petition. If one was petitioned, need to looked at values of property by appraised assessor and how it was done, so it meets that law, then this all for not. You need to meet the law and have a two-year structure law in place. I have lived in other towns, there is a law that we must follow. I appreciate the water input and with the police officer, the county and city have a reciprocal agreement. Answer– Mayor stated that there was not one in place, but can tell you that Fairview City has had the County come only two times, and we have done 30- to 1-response time. Mr. Schoonover then asked if the Council has read the Fairview Heights plan, it plans for well-being of the children, Fairview Heights cannot leave stacks of hay on road and property line(s), it creates a blind spot, this has been enforced in Fairview Heights, one last thing, in the Governor’s State of the Union address, this one or the one before, moving into State of Utah appreciate those people coming and appreciate them and remember this, why did you come to Utah remember our standards and remember why you came and don’t try to change us into Californians. Don’t make us grow into a city like Lehi, don’t try and change.
Natalie Guymon, heard we weren’t allowed to vote, there is a difference between protest and vote, little lacking differentiate between the vote and protest. Answer– City Manager Cameron Thompson stated that it is less a vote than a protest, file with recorder, if you have a written protest you need to file it with the recorder, it has to be in writing, that’s the process. Working on notice, it was not noticed right, we are trying to figure it out.
Lee Schoonover stated that evaluation is spelled out in state law, the value is the value of record with county.
Lori Robinson – talked about this vote, not going to voting? Answer– the council will not vote on the ordinance, we will make sure we are thoughtful, we do not want to force, we want to have people to speak, whether you are in favor or not, proud of the people, of those in annexation, the City has a lot to increase, either move it or put it to bed. There must be 51percent of value and area who wants us not to annex then we won’t ask, wanted to do with the right education. Lori– 51 percent of these landowners, will there be a spokesman. Answer– Apparently it is going to be divided, will talk about it then. It is obvious that there are state laws but then some of these are city ordinances, it is going to change. I’m guessing if/when change of personnel, then anything can change, that is why you run for election.
Sherry Pendleton, most of my questions were answered. Really the question is how long do you think we will see letter? Answer– Mayor, I will say this, while there is an urgency, Council will have discussion, or, if we proceed, I can foresee that the Council will have a work meeting to look at certain things, after the first of year, make every attempt we can.
Scott Hymes, address first, big favor, we will or will not put in writing what we will or not do. Answer, Mayor– my position is that it is handled correctly, Mayor, yes, we will. Scott– I buy everything in Fairview, feel like I’m apart of Fairview. I speak for myself, for citizens of Fairview Heights and County, no dogs, no motorcycles, no horses on the highway, I grew up in the city but a proud Fairview boy in the country. I heard that horses were blocked and motorcycles, could in the county, the city said you could not do this, has that been stricken so if you look in the city you can see it happens. Mayor believed in balance, bale of hay mentioned by Lee Schoonover that is law enforcement’s choice then it is a slippery slope. We trust, same with all, no trust of office, agree and believe with Lee Schoonover we need to have safety, fellow neighbors. What about address changes? Answer– there will be new addresses, letters will be sent out.
Behrad Tabatabaei, I am a Fairview boy 23 years ago, fell in love with it, since then, I went to college law school, hope to be back here soon to be a part of the community you all feel, knowing that your neighbors are looking out for you. I want to keep Fairview the same as when I grew up here. Keep it the same, one things I discovered my parents want me to develop 26 acres 4 lots and then four lots, I started with the county then we started with the city. I am vested with the City so that when a developer comes in then goes through the County the standards are lower. Every one of these people are intelligent people who want it to grow responsible not by the winds of the county who is removed. The buffer zone the county oversee the growth, if annexed then the City would be able to have a say in what goes on instead of the County, part of having this area in the City is they are mindful of the growth.
Roxanna Kendall– my question is brief, what is the cost for sewer, are we going to have to pay to hook up, are there hidden cost Answer– just monthly fee and impact only if it is 300 feet.
Heather Heugly, under assumption that there we’re a lot of good old boys. They are wonderful so kind and generous with us, want it to stay the same, I want it to stay the same, I came thinking I can help. One question, you keep saying if we proceed.
Denise Boylan. If I wanted to live in the City then I would have bought in the City, and I don’t want you to leave me alone.
Jason Mardell– I am the lead chair on the city planning commission, this has been in the works with previous leadership, it was brought to Planning Commission a while bac. Growth is going to come. Annexation is important, need to manage that and have the representative to control the growth. All those things are going to happen. In the County there is no one here that is on any boards with the County or go to meetings or have your voice heard. The City would appreciate that, the room is packed would like to have any one of you on the Planning Commission. Looking at pulling out of the County but to help manage and control growth and make it manageable. Zone and plan so there are no close houses.
Sam Ray– the people have answers and done in a professional way and are listening to us on real important things. We have been paying a lot of money to the City over $200 in utilities bills, that has been a concern. We have a tax without representation, not sure this is the best way to fix it, but we need to have it fixed. Question of net metering, we’re on fixed income, paying bills is a real problem.
Energy gets more expensive, wish you would by buy solar and lock in utility payments. It is wrong because there was a pick and choosing. Answer– Mayor, your point being a transfer from electric to the general fund has not happened for a couple of years. (Then buy from us on the net meter.) We have had discussion with policies to take care of this. It is the grid moving to green. Don’t want to react, we have reserves, we are able to take care of the peaks and valleys. Councilman Casey Anderson added to answer– the power bill, it’s not good, if your nervous about the December bill then worse is yet to come, I encourage you to have a say in Fairview City. Let’s just say that the City because of the power issue, could say because you’re not in the city, your utilities will be cut off. This is what could happen or will. Solar may be something you may be wanting. Net meter may happen someday then a demand meter will be added and then your power bill will be expensive there is a lot of education working through this. Coal made it extremely costly can’t change what is happening with coal. Welcome to come to council meeting any time to help understand this process. Mayor no matter what these agendas are posted. This council is invested in infrastructure. The power system, our outages have been reduced. We are in the processes of fixing the transmission line. Right now, it is the main problem. You are utility customers, please participate, pretty sure we will not be able to cover the December bill.
Evin Jensen– If there is another meeting, I will be unable to come. Answer– you will be notified. We will keep the current protests.
Closed Public Hearing and Reconvene into City Council Meeting. Mayor Brad Welch closed the hearing at 9:19 p.m. The City Council took a 10-minute break. City Council meeting reconvened at 9:30 p.m.

APPEARANCES:
Jon Haderlie, Larson & Company PC – Annual Audit Report for Fiscal Year Ending June 30, 3022. Jon Haderlie reported on the fiscal year ending June 30, 2022, audit. He went over the management letter, bond compliance, and financial report along with the findings. The City was found to be in good standings. The results from the Auditor’s test disclosed no instance of noncompliance that is required to be reported under government auditing standards. The general purposed financial statements are in conformity with accounting principles generally accepting in the United States. Identified risks found were improper revenue recognition, cash disbursements, and potential management bias, financial statement estimates, and management’s ability to override controls. State compliance findings were deficit fund balance and budgetary compliance. Note: Audit reports are available at the office for review.

INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES:
Fairview City Ordinance No. 2022-05; Annexing Specific Property into Fairview City, Utah. It was discussion if a work meeting is needed. First need to get a consensus from the Council whether to proceed or not. It was the consensus to move forward. Need to have proper notification on notice. Councilman Jim Cheney moved to table Ordinance No. 2022-05; with Councilman Casey Anderson seconding the motion. The voting was unanimous in favor of.

ADJOURNMENT:
Meeting adjourned at 10:03 p.m. by Council Woman Shirlene Rasmussen.