City Council Minutes February 20, 2020

Minutes of Fairview City Council held on Thursday, February 20, 2020, 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. City Council Members present were Matt Sorensen, Mike MacKay, Brad Welch, Cliff Wheeler, and Casey Anderson.  City employees present were Jeremy Wright, Jan Anderson, Justin Jackson, Logan Ludvigsen, Greg Sorensen, Garret and Shandi Sorensen. Citizens present were Milette MacKay, Cody Church, Erma Lee Hansen, KayLyn Sorensen, Jason Mardell, Mike Hansen from Rural Community Consultants, and Messenger Reporter Doug Lowe.

The invocation was offered by Councilman Mike MacKay along with the Pledge of Allegiance.

APPROVAL OF MINUTES:

Councilman Matt Sorensen moved to approve the minutes from January 16, 2020, as amended adding cemetery to Councilman Cliff Wheeler’s assignments and changing the word public “service” to public “safety”.Councilman Brad Welch seconded the motion. The voting was unanimous in favor of. 

PUBLIC HEARING/APPEARANCE/COMMUNICATIONS:

Milette MacKay, Chocolate Festival Review. The festival was a big success. Enough vendors came that they used Excel Dance Studio (10 East Center) for the all vendors. Approximately 1,300 people went through the dance hall and approximately 1,000 people went through the dance studio. Out of the 27 booths, 19 have committed for next year.

Mike Hansen, Rural Community Consultants, Discussion of Updating City Codes and Ordinances. A proposal was presented to the Council from Mike Hansen. Review of project(s)–  audit of compliance issues that might be in current code, general plan, and strategic issues for future planning. The cost varies, he proposed a flat fee of around $20,000 but recommends $300 per month as services are rendered. CIB will fund on general plan if wanting to look at that. The Council discussed money available which had been budgeted for this current year. There is approximately $9,000 at present for such work. This project will involve the Planning Commission. It was asked who would report back to the Council from the Planning Commission. Mayor Taylor stated he would be. He has not assigned anyone from the Council to be over the Planning Commission because there can be a conflict of interest when it come to certain issues such as variances, etc. Councilman Mike MacKay moved to move forward with monthly subscription and then get another lump sum for next fiscal year for general plan and ordinance. And, include CIB funding to see if the City would qualify. Councilman Brad Welch seconded the motion. The voting was unanimous in favor of.

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

Planning Commission.

Cody Church, Lot Split, Approval, Approximately 45 North 200 West. Cody Church met with the Planning Commission. Because the lot split lacks the full 180-foot frontage required for two lots, they sent this to City Council for a variance approval. The lot frontage is 178.51 with the depth of 252.12. The north lot will have the 90-foot frontage and the south lot will have 88.51 feet. He talked to both property owners Branch Cox and Mike Cox and got an agreement from both that the property would be run with the original fence lines on the north and south sides. Councilman Matt Sorensen moved to approve the variance on the lot split located on 200 South approximately 45 North as presented by Cody Church. Councilman Casey Anderson seconded the motion. The voting was unanimous in favor of.

Short-Term Rental Discussion. There have been a few inquiries made regarding short-term rentals. Mayor Taylor reached out to Mike Hansen for his input. Mike sent a copy of what Randolph has put in place along with information from his office (Rural Community Consultants) on short-term rentals strategic consideration. Planning Commission has had some discussion on this. Waiting to hear if the Council would like them to continue to work on this. Short-term rentals are taxable entities through the hotel tax. Both the owner and the neighbors have their rights protect. Councilman Matt Sorensen moved to move forward with short-term rental agreements and to get on the books. Councilman Cliff Wheeler seconded the motion. The voting was unanimous in favor. This information will be taken back to Planning Commission.  

Review of Abandoned Meter Discussion, Ordinance No. 2004-04. A citizen approached Mayor Taylor, and is in the process of remodeling a home. This home has not had utility services for a long period of time. He was informed he needed to pay an impact fee on the power. Mayor Taylor told him he would do some investigation. In looking into this and reading what the City has in place and in talking with City Attorney Richard Chamberlain, Mayor Taylor suggested that the current ordinance may need to be investigated. Attorney Chamberlain does not feel comfortable in enforcing impact fees on abandoned meters. Conversation was also had with Jordan Cullimore from the Office of the Property Rights Ombudsman through email where–  “impact fees are intended to address new impacts, not preexisting impacts. If the connection is not a new one, there is a good chance you shouldn’t be charging in impact fee”. Impact fees are different than connection fees. After discussion on impact fees, it was agreed that an older home that had utilities is not a new impact on the system. When review/update the codes, impact fees, connection fees will be addressed. Councilman Brad Welch moved to modify or update Ordinance 2004-04 to get it into compliance with the law as far as the impact fee and the pre-existing nature of the circumstance and secondly working through this process of updating our development fees with Mike Hansen. Councilman Matt Sorensen seconded the motion. The voting was unanimous in favor of.

Spring Line Redevelopment Update. Employee Justin Jackson presented the Council a model–   three-sided view drawing of the upper collection of the spring line. There is a section that is buried and bends. There is a major plug in the box from roots. The box is not made of cement. Have not received water from the spring line since springtime. Hearsay is that a resident has redeveloped their well which is located by well number four. If this is right, it will affect this project. This well could have dried up a portion of the aquifer. If so, then there will be less water the City has to get through the next few months–  therefore, the need to redo the spring collection system becomes crucial. Several attempts have been made to clean out the roots. Cannot find anything stiff enough to get hold of them. Can’t get through the 90. The option is to dig it up. The water has been bypassing the collection for a very long time. If you bring in equipment, it will destabilize the ground. More water will be lost. Once fixed, the projected amount of water is doubled. This should have an emergency stamp on it. Hoping for additional resources. The projected cost is $216,000 for redevelopment. If weather allows May 1^st would be the time to get in and start the repair. Spring runoff is another issue with the highwater flows, will need to cross the river. Going after State revolving money for this, if received the Council will need to approve it. Not sure the City will get it. This will need to be put back on next month’s agenda.    

Review of Updated Personnel Policy and Procedures. Mayor Taylor has been working on updating the current personnel policies and procedures manual. He has asked the Council to review the rough draft. He would like the Council to get back with the him within the next two weeks so corrections can be made and have ready to approve.

Recertification of Fairview City Justice Court. Notification was received by the Administrative Office of the Courts that the Fairview City Justice court has been recertified for another four years.

Discussion of Changing Council Meeting Dates in March. Due to a conflict with training with City Recorder Jan Anderson, the Council agreed to move Council meeting in March to Tuesday the 10^th same time.

INTRODUCTION AND ADOPTION OF POLICIES, RESOLUTIONS AND ORDINANCES:

Ordinances 2020-01R; Feeding of Deer Prohibited. Mayor Dave Taylor would like to have a game plan before putting this ordinance in place. Councilman Matt Sorensen thinks that it needs to be in place even if the numbers are not known. It is a good idea to help with educating the citizens. The feeding of deer does not mean when someone does not clean up the fruit that has fallen from the tree(s). Liability was also discussed. There have been two accidents in the last two years where a vehicle has hit a deer. The best time to get a somewhat close number of deer population would be between June, July, and August when the deer that migration is complete. It was mentioned to amend the ordinance to add Elk and Moose. Councilman Matt Sorensen moved to Adopt Ordinance 2020-01; Feeding of Deer Prohibited as amended adding Deer, …Elk, and Moose Prohibited. Councilman Cliff Wheeler seconded the motion. The voting was all in favor–  Matt Sorensen, Brad Welch, Cliff Wheeler, Casey Anderson, and Mike MacKay.   

MAYOR REPORTS:

Mayor Taylor reported on the Mayor’s and Commissioner’s monthly meeting. The landfill will not accept any mattresses, household goods, tires, liquid paint, etc. With the city spring cleanup, the City will have to get word out to the citizens. Councilman Mike MacKay is working with Gerald Peahl on the cleanup, he has some new ideas he is working on. The date is May 2^nd.  to get spring up. One dumpster for spring clean up the city will pay the additional dumpsters.  Use to get rid of four tires now you no longer can do it.

Councilman Brad Welch mentioned that the DUP program will be on held on July 24^th at 9 a.m. at the dance hall. He is working on parade and concession help. First derby meeting has been scheduled.

APPROVAL OF VOUCHERS:

Councilman Brad Welch moved to approve the vouchers from January 11, 2020 to February 18, 2020. Councilman Cliff Wheeler seconded the motion. The voting was unanimous in favor of.

EXECUSTIVE SESSION:

Councilman Brad Welch moved to go into executive session at 9:00 p.m. to discuss a possible litigation matter. Councilman Mike MacKay seconded the motion. The voting was all in favor of – Matt Sorensen, Brad Welch, Cliff Wheeler, Casey Anderson, and Mike MacKay.

The City Council reconvened back into regular session at 9:24 p.m.

ADJOURNMENT:

Councilman Mike MacKay moved to adjourn at 9:25 p.m. Councilman Brad Welch seconded. Motion carried.