City Council Minutes October 17, 2019

Minutes of Fairview City Council meeting held on Thursday, October 17, 2019, at 85 South State Street, City of Fairview, County of Sanpete, State of Utah.

Mayor David Taylor called the meeting to order at 7:30 p.m. Councilmembers present were Cliff Wheeler, Bob St. Jacques, Casey Anderson, and Sean Rawlinson. Councilwoman KaeLyn Sorensen was excused. City employees present Kammy Tucker, Justin Jackson, Greg Sorensen, Logan Ludvigson, and Jan Anderson. Citizen present Erma Lee Aaron, Janice Taylor, Mike and Milette MacKay, Carlton Lightfoot, Bruce and Lisa Murdock, Jill Anderson, Randy and Deborah Olsen.

Councilman Casey Anderson offered the invocation and led the Pledge of Allegiance.

APPROVAL OF MINUTES:

Councilman Cliff Wheeler moved to approve the minutes from August 22, 2019. Councilman Sean Rawlinson seconded the motion. The voting was unanimous in favor of. Councilman Casey Anderson moved to approve the minutes from September 19, 2019, with clarification made on Councilman Reports under Councilman Casey Anderson. Councilman Sean Rawlinson moved to second the motion, the voting was unanimous in favor of.

APPEARANCES:

Randy Olsen, Discussion of Garage Awning, 15 South 400 East. Mr. Olsen briefed the Council on the garage that he put up on his property where he added an awning on the south side. He is seeking an understanding of the Council for the purpose of the awning and that it is not in violation of city code.

He purchased his grandparent’s home. He knew he would need to build a garage. He had an architect design the garage. It was 20’x40’. He would have to place it deep into the property in order to have access from the road without problems with the house. He came to the City asking for a variance to build the garage because it left only two feet from the property line. He was sent to the Board of Adjustments and the only way they would give a variance was if he had the neighbor give six feet on his side therefore there would be to 16 feet. He stated that he could not ask the neighbor to do that. It just wasn’t right– so he shrunk the garage 16 feet, so the door was moved to the south instead of the west side. The problem is the it is the furthest away from the house. The weather is hard on doors facing south. He talked to Rich Clayton who did the concrete work he stated to do an awning so it would shade the door. He had family help build the garage. They were to the point where they needed to know whether to put it in or not. They decided it would be best to do it while they were building at that time. He put post on retaining wall. Called up County inspector to inspect. He came up with one foot to one and one-half foot for overhang. The overhang is over the property line. The inspector said he needed to go in and have City say it is fine. So, he came in to talk to Mayor Taylor which he said he would send a letter to the County stating that it was fine. A few days later, Chief Jeremy Wright showed up to the house with a letter from the mayor. Letter stated that he was dishonest, and that everything was null and void. A concern stated by the Mayor was that water from the shed cannot go onto the neighbor’s property. Randy then added rain gutter. The Mayor stated that the awning is a structure. Randy sees it as an overhang. It is to protect the man door and keep from falling on rain and snow. Does not know what to do. Mayor said to cut it down. In talking with family and neighbors, they stated not to tear it down. He believes in the laws of the land. He wants to do the right thing. He believes it is not a building or structure. It is an overhang. He is appealing to the Council to just say the city is okay, it is an awning, it is not a structure or building, it is there for just the purpose of an awning.

Mayor stated that it went against the building code, and City code says no. Councilman Bob St. Jacques asked the Mayor if he was saying the awning is a structure–  Mayor yes, it is part of the roof. Councilman Cliff Wheeler asked for clarification– did you go to zoning and planning before you built the garage–  Yes, went to the Board of Adjustments and moved the garage to meet their requirements. So, if it is part of the permeant structure, then it is not eight feet away from the property line? Is it a hardship, he stated that if he slips then he is not going to be real happy. Councilman Casey Anderson asked the Mayor if the statement made by Randy was correct–  Mayor stated that the next morning, he had a conversation with the County, have to administer what is in place in regards to code. The first letter sent out was wrong. The concrete wall is four inches from the property line. The building is eight feet from line. Part of the reason is to protect the neighbor, no guarantee that the neighbor will be there forever. Need to remember that you are setting precedence for others. Still putting the City in an awkward position. Mr. Olsen stated that it is not a structure, it is an awning. It was stated that the posts are part of the structure–  they could cut it off. It loses its value if they were cut off. Councilman Bob St. Jacques read from the League ‘Powers and Duties’ handbook regarding what a variance is. There are several conditions that variances are granted. A variance does not end, it goes with the property. Mayor Taylor asked if there was a motion. Councilman St. Jacques stated that in this case of confusing county and city the last line is something to think about–  “…a variance is not a favor to be granted, but an injustice to be solved.” Agree that we are between a rock and a hard place.

Neighbor Carlton Lightfoot asked if he could speak–  I have a shed that I built. I have a man door. I had to put an awning to protecting me because I have to have safety to open the door. Yes, it is an awning, but it is to protect him. Intent with keeping him safe, I know it is a very important thing to have protection with ice, snow, and rain. He also cut off the extra foot and half. I think he is pretty much in compliance with what he has been asked.

Councilman Sean Rawlinson made a motion Mr. Olsen, after hearing the variance portion read, along with the Olsens’ safety concerns, and that there is no real effect with the awning that he be allowed to keep his awning. Councilman Bob St. Jacques seconded the motion. The voting went as follows: for–  Casey Anderson, Bob St. Jacques, and Sean Rawlinson; against–  Cliff Wheeler. Councilwoman KaeLyn Sorensen not present. The city will compose a letter for Sanpete County Zoning.

Bruce and Lisa Murdock, Request for Power on Property Located at 145 North 100 West.

Last meeting, the Council asked the Planning Commission to review the ordinance on accessory buildings regarding allowing power to be connected to them. The Planning Commission said they stood behind the ordinance. The Murdocks came back asking the Council to reconsider granting an exemption.

A discussion between the Council and Murdocks ensued. Councilman Bob St. Jacques read again from the Leagues, ‘Powers and Duties’ handbook regarding what is a variance. Councilmen Casey Anderson and Sean Rawlinson do not see way the City would not want the additional income. There is a safety issue to consider along with vandalism to the property. Councilman Sean Rawlinson moved to approve the variance and allow power to the lot. Councilman Casey Anderson had a question(s)–  do we need to change the ordinance now before we grant them power. Need to get power options addressed, how would do it without a house, put in a pole temporary, and then they have so many days to get it done and then attach to permanent structures? Do this now and then change ordinance. Previous motion rescinded. Councilman Sean Rawlinson moved to approve a variance to allow power to the Murddocks property on 145 North 100 West, set up temporary power under the agreement that they will set up their structure so that permeant power can be attached. Councilman Bob St. Jacques seconded the motion. Voting was unanimous in favor of.

REPORTS/ACTION ITEMS – BOARDS/COMMITTEES/STAFF/OFFICERS:

Water/Sewer Department

Review Sanitary Survey Results. The survey was conducted on September 3^rd and 4^th. It is an audit of sanitary issues within the water system. The City ended up with a total 50 points which is far better than originally thought. Out of the 50, 6 were deficiency. The City wants to have a lower score. The City had five write ups and one was significant will need to be rectified by October 15^th. Updated Utah code and law require the City be responsible that each homeowner has backflow preventors installed on their water system. In the past, the City was not responsible for them, it will not be the City’s responsibility to ensure that the backflow gets tested annually. A city cannot test their own work. It must go out to a 3^rd party. This will create a massive undertaking to start the data base. Pelorus is the City’s financial data base, it may work but, because it is financial, only the office help has access to customer information. Microsoft should have a program for this type of data base but need a central data base. There is no timeline but for sure will need to have in place in three years. Will need to educate the public on this Utah Law and what backflow preventors looks like, etc.

Things are running well at the sewer plant. Justin finished his schooling he is now in compliance with the State.

Power Department

Discussion/Approval to Purchase Small Bucket Truck – $117,254. Employee Greg Sorensen asked for approval to go ahead and order a small bucket truck. It was asked what the life expectancy of the truck. Guessing around 20 years. Councilman Casey Anderson moved to purchase the small bucket truck at $117,254. Councilman Sean Rawlinson seconded the motion. The voting was unanimous in favor of. It will be at least six months to a year out to get it. Greg mentioned that they have changed 46 insulators since Garret Sorensen has been with the City along with 87 poles with only 20 left to do. Some are dead-end poles, and he still needs to decide how to do those. This has helped with power outages. A couple of weeks ago, Payson, Heber, and Ephraim cities sent their apprentices down to help with our big projects and when they come, they are supposed to have a journeyman come with them. This is a big help.

Follow up on Utility Rate Study. Mayor Dave Taylor had City Treasure Kammy Tucker reach out to other communities to see what they charge on their power rates. She also put together a handout on the cost of purchasing power and the revenue brought in through utility payments. She asked if it was worth the cost of doing the study. The City is doing well. It is hard to use the customer’s money, and the City has an obligation to spend it in the right way. Think we can do it in house. The surrounding cities are right in line with us. The cost of the rate study is $14,000 just for electric. Mayor Taylor stated that the water will be part of the water project. The sewer will fluctuate when doing the reuse project. It was asked of these cities contacted how many had done a rate study–  one. Councilman Casey Anderson said that most cities do these rate studies every five years. Need to set goals, where does Fairview stand and how can we set up for the future. The expense side will keep going up. Fairview City had a base rate many years ago, $10 and $20. After further discussion, Councilman Casey Anderson moved to move forward with the rate study, postponing the water and sewer until the water master plan is complete. No second. It was asked if this could be put off until next fiscal year and put in the budget.  Councilman Sean Rawlinson moved to table this decision until next meeting. Councilman Casey Anderson seconded the motion. The voting was unanimous in favor of. The Council was encouraged to study the proposal.

Payson Project (Nebo Gas) Refinancing. UAMPS is getting ready to refinance this project. This will bring substantial savings.

Follow Up on Urban Deer Issue. Mayor Dave Taylor reached out to the Division of Wildlife Resources (DWR). The Mayor stated they will come next month in November’s Council Meeting. Is this something the Council would like to look at? Councilman Casey Anderson moved to have DWR come down and inform the Council on ways to handle the deer problem in the City. Councilman Sean Rawlinson seconded the motion. The voting was unanimous in favor of.

Story Road Utah. Story Road Utah is a marketing tool. It is an app where people traveling through the state can listen to stories about a City they are driving through. Mayor Taylor stated that he thinks the money for marketing Fairview could be better spent in other ways. He would like to see the dance hall promoted more. The Council received a cost sheet of revenue from the last few years. Would like to have more discussion next month on dance hall revenue. There is a story telling event in the dance hall this coming week.

Fairview City Appointment Approval of Poll/Counters for City Election, Janice Taylor, Rannelle King, and Jan Anderson. The City Council approve these names.

Schedule Election Canvass Meeting/Move Regular Council Meeting to meet Canvass Time Period. Mayor Dave Taylor suggested that City Council Meeting in November be moved to the 19^th instead of having two meetings. Councilman Casey Anderson moved to move Novembers Council meeting to November 19^th instead of November 21^st to meet the timeframe of the election canvass. Councilman Bob St. Jacques seconded the motion. The voting was unanimous in favor of.

Review of Land Use/Variances. Mayor Taylor asked the Council to review the power and duties book especially the land use section.

INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORIDINANCES:

Resolution No. 2019-13R; A Resolution Requesting the Re-certification of the Fairview City Justice Court.Councilman Bob St. Jacques moved to approve Resolution No. 2019-13R. Councilman Cliff Wheeler seconded the motion. The voting went in favor of–  Cliff Wheeler, Casey Anderson, Bob St. Jacques, and Sean Rawlinson. KaeLyn Sorensen was absent.

COUNCIL REPORTS:

Councilman Cliff Wheeler mentioned that there was a terrible accident where two Fairview citizens were badly hurt, and I would like to say thank you to our first responders who helped with the accident.

Councilman Casey Anderson asked how long the holes on the tennis court have been there. They are all over the place. Not sure what has caused them. Mayor Taylor stated he would go down and look. It was asked if surveillance cameras could be put up. Something has forced the material off. Thanks everyone who participated in Fairview City Utility open house and barbeque. Maybe do each year.

Councilman Bob St. Jacques stated that he received an email regarding a fence that was put up and that this person is wanting to put in a diesel repair shop. This type of business would fall under a light industrial business. Apparently, he is using shipping containers for the walls. Mayor Dave Taylor stated that he was aware of this situation. He granted the fence permit which by city code, he can do. If this individual decides to move forward, he will need to come and apply for a zone change and go through the proper procedures. During the conversation it was apparent that Mayor Taylor and Councilman Bob St. Jacques had a difference of interpretation.

Councilman Sean Rawlinson how great employees are. Fairview City is lucky to have them.

APPROVAL OF VOUCHERS:

Councilman Cliff Wheeler moved to approve the vouchers from September 18, 2019 to October 15, 2019. Councilman Casey Anderson seconded the motion. The voting was unanimous in favor of.

ADJORNMENT:

Councilman Sean Rawlinson moved to adjourn meeting at 9:30 p.m. Councilman Bob

St. Jacques seconded the motion. Motion carried in favor of..