City Council Public Hearing Meeting Minutes, Feb 21, 2023

Minutes of Fairview City Council Public Hearing held Tuesday, February 21, 2023, at 7:30 p.m. at 85 South State Street, County of Sanpete, State of Utah. Mayor Brad Welch called the meeting to order at 7:30 p.m. Councilmembers present were Shirlene Rasmussen, Matt Sorensen, Mike MacKay, Casey Anderson, and Jim Cheney. City Employees present were Greg Sorensen, Cameron Thompson, Steve Gray, Logan Ludvigson, and Jan Anderson. Citizens present were Jason Mardell, Reporter Steve Clark, Travis and Lori Chambers, Jason and Sara Galovick, Gale and Elizabeth Lewallen, Judy and Trasce Cheney, Brent and Cynthia Johnson, Amy Anderson, Carrie Christensen, Nathan And Erynn McClure, Heather Heugly, Behrad Tabatabaei, Evin Jensen, Westen Miller, Brian Miller, Rulen Miller,  Ferron and Marsha Collings, Mary Hatfield, Lori Robinson, Tav and Janet Dunn, Scott Hymas, David and Lindsey Barker, Tom Christensen, Denise Anderson, Justin Boylan, Lea McKissick, Fob and Mary Foster, Mary Pendleton, Keith Kawsperson, Bill and Leesa Leach, Garth and Susan Anderson, George and Elaine Lee, Jackie Zabriskie, Sam Ray, and Sam Kogianes.

The Pray and Pledge of Allegiance was offered by Steve Clark, Sanpete Messenger 

OPEN 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 7:33 p.m. Mayor Welch took a moment to review with the public body the proposed annexation and at that time, Mayor Welch relinquished himself from breaking any tie if it came to that. Because of the nature of the meeting and the number present, the public was asked to keep their comments to three minutes.

Sam Ray handed out information and signatures from property owners within the annexation area. He stated–  myself and the property owners want to maintain the quality of life we now have. You approved the annexation in the January Meeting which was not noticed on the agenda. You have heard of the sunshine law. You were in violation of that law. Mayor Welch stated that there was no motion made regarding the Annexation. The conversation in the January meeting was to get a consensus from the Council if they wanted to continue with the annexation and if so another public hearing would be held (February 21, 2023). Mr. Ray continued to read the letter he had prepared for the City Council regarding zoning. If annexed, the Council would allow high rises, apartments/fourplex(s). The City would continue extending the boundary to the east. Does the City not have a concern with the traffic to the elementary, higher density more houses built and roads? The acreage will be changed to ½ acre adding more density. Each city in the County is not the same, due to wetlands and the mountains. This is a flawed attempt from the previous administration. In summary you cannot have a vote today, because of the noticing, and the previous meeting, and if this is to benefit a few then let them pay. A few years back, a City staff stopped by and said the City wanted to extend the road. City Manager Cameron Thompson stated that the story behind that was this was the fire district asked City Employee Justin Jackson to explore is there was any way to get into the foothills east of the city to fight a fire if there was one in that area. Nothing more came about with the fire district. 

Mayor Brad Welch asked to have names on the list verified to see where the numbers are.  Chet Andersen asked why this issue is not on public vote during election time. He wondered where and how the City is going to get the water. The Mayor stated that the water is governed by legislature whether it be culinary or irrigation water. The City just updated the City springs and a well, the density is the same, whether you sell or your neighbors sell.  

David Barker stated that he is a citizen of Fairview, Associate Professor of Architecture and Engineer Design planning at Utah Valley University teaches at Snow College now. I want to work in Sanpete County and serve. The wolves are at the door and Sanpete is heavy looked at. I’m very blessed to be in Fairview, due respect in this room I have planned planning co abd city council etc. save small town USA it has a good spirit.  Annexation is a good thing here and this is why, developers will come and buy the land and City can’t do anything about it. The developers will annex and then the City has to deal with it. I do think it is a way for the City to hold it and handle the development, happy to sit with City Council and citizens and hold workshops. 

Jeri Furhmen this is piggy back with the citizen and developers in Lindon, and they will do the same thing, get County Commissioners to stop and that is where it lies. 

Berad Tabatabaei to this genetleman’s statement– developed an acre and a half very lax. The County will let you do what you want, they don’t take care of the roads, etc. The City will make sure development is done right. If your land is annexed in, your land is not taken away. If not then if you sell and a developer buys he will work with the County Planning Commission. Also, the tax base goes to the County. If your property is in the City then the tax base comes back into the City and into the community. This will help the kids and other activities.  

Elaine Lee want to say I love you guys, complement you for your work, you worked your butts off. My issue is I don’t trust government. We don’t want to be in the city, we want to raise cows, raise hay were just farmers. This is how a lot of people here think. You’re going to make a decision that will affect me in ten years. Councilman Jim Cheney stated his farm is in the City, growth is still coming and this is why I am on the Council, I want to make sure the development does not creep in and hinder the farms. I want what is best for the City and for you. 

William Leach live up Fairview Canyon, I have five acres, I’m retired and I live here for the rural live not an urban life. Small town has no money so my question is how this would be funded who is the money person or persons.  I understand bonds, how are you going to fund this.  Answer: The City is using General Fund money. There isn’t a bond(s) we aren’t bonding, we are not saying that were putting in roads. If a developer came in and purchased land and wanted to develop, the developer would put in the road and extend the utilities. The property tax is minimal. The City funds are public record, if you would like come to budget meeting, you would be would understand more with the utilities where the city revenue comes from. The sales tax is good this is what keeps the City afloat. The sewer reuse project is funded mostly through a grant; the water project(s) have low interest rates. There isn’t a pot of money. City Manager stated that the land in the proposed area has City utilities. Part of the annexation law stipulates that the City has the option to annex land if the City is supplying one or more of their utilities. Most cities won’t give you water unless you are annexed in.  

Paul Kendall–  got a letter stating that I was a possible polluter, what is this, it upset me. I’m in the water district and no one has done a darn thing about it and no one is doing it and then bring up that it’s for an environmental study. The sewer line is an added cost plus hooking up, why was this not done or worked on 18 years ago?  City Manager Cameron Thompson stated Cameron it is a state requirement which dictates the City send these letters out. This is another area the City is planning on addressing that we are hoping to find funding for. Councilman Casey Anderson stated that all these things take money and with organization hoping to get things cleaned up and move forward.   

Evin Jensen I can see both sides of the issue. I don’t want the regulations or increase and additional taxes. As a resident, this is taking too much liability on at one time, if developers come in then let then be annexed, do not want to be annexed. Take that into consideration, They don’t want to be part of the City. It’s big liability. City Manager Cameron Thompson stated that the liability is already taken place. Councilman Mike MacKay stated he had been contacted once by a major developer. I have not had any contact at all with no big developer pushing this annexation. There is no immediate plan or developer who has contacted to see if we can sneak it in. The City wants to help; it is for your good.

Greg Pyne–  I’m one of the neighbors here. I’m  41 and still not a resident. Lot sizes is the answer, it is not determine and will it be determined later and will it be done by public hearing. The county would flood more than the City. I work in Coalville and I have seen development happen there. It has caused a lot of frustration. I think there is an underlying agenda. I am not for annexation. Mayor Brad Welch stated that the land is grandfathered in and it is whatever it is now. With any zoning change, a public hear is held. Councilman Matt Sorensen stated that there is no hidden agenda, no highway, no putting in a mall.

Lindsey Barker stated that she was the one who started the conversation with the mall. She was a Planning Commission meeting and mentioned she was doing a research project it was a pretend project with examples of a mall and highway. The miss understanding of the mall and highway came from the conversation at Planning Commission. 

City Employee Greg Sorensen– I live in the city, I work for the City, I understand both sides, I need to say if you raise kids you reap all the benefits. I have seen the development in the Milburn, and they are mess. They do what they want. You need to think about it. There shouldn’t be such a big deal with not being a part of it. Think about it. You currently think you are citizens. 

Denise Anderson you know when you were raised this way, this is my lively hood, my kids and I want my kids to enjoy what I have, I’m not for it. 

Justin Boylan if this is prior administration, then look what is happening in Milburn, why are you not addressing where the problem is. 

George Lee why isn’t west of Andy Cox included down to Milburn road where it would have squared it up. I heard it had to do with there being too many rocks. I don’t want the traffic down that road it is 30-feet wide. The County wanted to pave it but landowners were not in favor of it.  I think Berad Tabatabaei I was the one who started this now. The Governor is on the road and it is not going to get any better. I believe the question you are asking is if the land is annexed will the enjoyment of what we have now be the same. Mayor Brad Welch asked if anyone wanted to add or take away their written protest.

Sarah Galovich stated that in order with the rules, if we sell or the neighbor sell then the City can have a say in the requirements for development.  

The comment period ended, and Mayor Welch asked the Council if they would allow a recess so the protests could be tabulated. At 8:46 p.m. Councilman Jim Cheney moved to recess. Councilman Mike MacKay seconded the motion. The voting was unanimous in favor of. After a short recess the public hearing began again at 9:05 p.m. The total protests received over exceeded the 50 percent requirement per statute. This puts an end to the annexation and public hearing. 

Close Public Hearing and Reconvene into City Council Meeting.  Councilwoman Shirlene Rasmussen moved to reconvened back into regular meeting at 9:10 p.m. Councilman Mike MacKay seconded the motion. The voting was unanimous in favor of.

INTRODUCTION AND ADOPTION OF RESOLUTIONLS AND ORDINANCES:

Ordinance No. 2022-05R; Annexing Specific Property to Fairview City, Sanpete County, State of Utah. No vote taken–  Resolution did not make it to the City Council for a vote. After tabulating the protest, the threshold to end the annexation was met at 53 percent. 

ADJOUTNMENT:

Councilwoman Shirlene Rasmussen moved to adjourn meeting at 9:17 p.m.