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Home » Departments » About Us » City Council Minutes » November 20, 2007
November 20, 2007
MINUTES OF MILFORD CITY COUNCIL REGULAR MEETING
MILFORD CITY COUNCIL CHAMBERS
26 SOUTH 100 WEST, MILFORD, UTAH
TUESDAY, NOVEMBER 20, 2007 7:00 PM
Mayor Eugene H. Mayer called the Regular Meeting to order at 7:00 p.m.
MAYOR’S WELCOME AND ROLL CALL
Present: Mayor Eugene H. Mayer, Council Members Nolan Davis, Troy Netto, Bryan Sherwood, and Russell Smith, City Recorder Monica Seifers, City Treasurer and Zoning Administrator Makayla Bealer, and City Attorney Leo Kanell
Absent: Council Member Cullen Carter, City Manager Nedra Kennedy, City Foreman Tom Bradshaw, and City Engineer April McKeon
Visitors: Noel DeGaetano, Bert Stratton – Golf Course Property Exchange; Robert Marshall, Lost and Found Youth Academy – General Observation; Bill Wray, Sarah Wray – General Observation; Landon Mayer, Eric Solomon, Guadalupe Medina, and Teresa Gaspar – Observation for High School Government Class
RECOGNITION AND RESPONSE TO VISITORS RELATING TO CITY BUSINESS
Noel DeGaetano – Golf Course Property Exchange
Mr. DeGaetano reported that someone had marked the property. Council Member Bryan Sherwood explained that the surveyor had staked the property. DeGaetano asked if the new plat map was available. Recorder Monica Seifers stated that she did not believe a new plat map had been received by the city. Council Member Sherwood revisited the county road right of way concerns that should be addressed. Attorney Kanell commented that the map should be reviewed to determine ownership before determining what legal action should be taken. Mr. Gaetano stated he would contact the county office regarding the road. Mr. DeGaetano inquired what the frontage requirements were for the lots. Zoning Administrator Bealer explained that the zone required 6,000 square feet with a sixty-foot frontage. Mr. DeGaetano was advised by Council Member Sherwood to contact City Manager Kennedy prior to being placed on the next agenda.
CONSENT ISSUES
MOTION: Council Member Troy Netto moved to approve the consent issues including the bills and payroll, Minutes of October 16, 2007 Regular Meeting and Financial Report October 2007. Motion seconded by Council Member Russell Smith and carried unanimously.
NEW BUSINESS
Appointment of Library Board
MOTION: Council Member Nolan Davis moved to appoint Nadine Jones and Lori Schow for a second term and Teddy Bridge and Margaret Miller for a first term. Motion seconded by Council Member Bryan Sherwood and carried unanimously.
Right of Way Easement for South Central Communications (Horn Silver Estates)
MOTION: Council Member Troy Netto moved to authorize the Mayor to sign the Right of Way Easement with the stipulation that South Central Communications provide the city with an as built plan. Motion seconded by Nolan Davis and carried unanimously.
Milford City Council Minutes November 20, 2007 Page 2 of 3
Pre Existing Trailer Parks Procedure Analysis
Attorney Leo Kanell reported that there is a provision in the state code that provides a formula for the owner to recover their investment from a non-conforming use. Once the investment has been recovered, the non-conforming use can be terminated, the city now needs to define a process for terminating non-conforming use. Council Member Sherwood inquired if it was legal to not allow occupancy once a vacancy occurs, because of the non-conformance. Attorney Kanell explained that the Town of Minersville passed legislation that requires any use after thirty days vacancy would have to be inspected and brought up to code. Council Member Sherwood stated that trailers built prior to 1976 cannot be brought up to code. Attorney Kanell touched on the fire dangers associated with the structure of trailer homes in general. Council Member Sherwood asked if the city could terminate use between rentals. City Recorder Seifers commented that the city staff does not have a way of verifying occupancy because the park owners pay utilities and the city is not notified when there is a change of tenants; she added that some of the trailer homes are privately owned. Council Member Netto stated that the city does not know how many times the property has changed hands or how long the current owners have had the property and they have a right to recover their investment; he felt they should be given adequate time to recoup their costs. He would like to see a time frame for non-conforming uses, an inspection following vacancy, and anything moved in must meet the criteria. He wants to avoid the appearance of the city trying to put someone out of business. Attorney Kanell stated he would look into it. Mayor Eugene Mayer reminded the council that the number one concern regarding the non-conforming use is fire protection and public safety. Council Member Davis stated that the fire officials have the authority to close the parks down based on fire hazards alone; he and Chief Whitney are waiting to hear back from Todd Hobhein, the State Fire Marshall.
REPORT & COMMENTS
· City Attorney Kanell presented the Council with the plat of the subdivision where the new hospital location is being proposed stating that the City needed to determine where the roads would be located if the property was annexed suggesting that the Council notify Advanced Development and Neil Bradshaw, to discuss road location. Council Member Sherwood, who oversees streets, will plan to attend the Service District meeting on Monday, November 26th.
· Attorney Kanell was concerned with the letter from Roosevelt City. Milford City is currently in the same situation with their water rights. He has discussed this with the City Engineer, April McKeon, who should have submitted the proof and may be requesting an extension if needed. He indicated the water rights issue may have to be handled legislatively or by some other manner. Council Member Sherwood stated he felt the Council should participate in donating to Roosevelt City. Attorney Kanell agreed. Council Member Davis has been concerned for quite some time stemming from the water rights battles in Nevada State. The contribution will be placed on the next meeting agenda for consideration.
· City Recorder Seifers reported that Foreman Bradshaw and the crew have installed all of the ATV Route signs and Children at Play signs.
· Council Member Smith commended Mayor Eugene H. Mayer for his speech at the Veteran’s Day Memorial stating that he represented the city well.
Milford City Council Minutes November 20, 2007 Page 3 of 3
· Council Member Sherwood asked Attorney Kanell why Realtors were not required to carry local business licenses. Attorney Kanell explained that they were only required to be licensed by the state.
ADJOURNMENT
As there was no further business, the meeting adjourned at 8:21 pm.
CITY OF MILFORD
Date Approved: December 4, 2007
As Recorded By: Monica D. Seifers, City Recorder
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