Special City Council Meeting s1

MINUTES SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS, EPHRAIM CITY HALL 5 SOUTH MAIN, EPHRAIM, UTAH AUGUST 31, 2016 4:00 PM

CALL TO ORDER The Ephraim City Council convened in a Regular City Council Meeting on Wednesday, August 31, 2016, in the City Council Room. Mayor Squire called the meeting to order at 4:00 p.m.

ROLL CALL

MEMBERS PRESENT

Richard Squire, Mayor STAFF PRESENT Brant Hanson, City Manager Margie Anderson, Mayor Pro Tem Marcus Gilson, City Attorney Tyler Alder Bryan Kimball, Community Dev. John Scott Leigh Ann Warnock, City Recorder Richard Wheeler Ron Rasmussen, Police Chief Chad Parry, Public Works Director MEMBERS EXCUSED Cory Daniels, Power Director Alma Lund Len Gasser, Police Sergeant

I. MOTION AGENDA A. DISCUSSION AND DIRECTION FROM COUNCIL REGARDING TRAILER COURTS WITHIN EPHRAIM CITY LIMITS.

Mayor Squire reported ordinances are not being followed and more and more complaints have been coming in regarding trailer courts in Ephraim, specifically the JD Trailer Court on 200 N 200 W owned by David Strate. All trailer parks in the city have been reviewed and improvements could be made in all of them. This park has had the most complaints and is where the Council has decided to direct its focus at this time.

Sergeant Len Gasser gave the Council a brief history regarding the court as Zoning Enforcement Officer. Add-ons have been discussed in the past and the County Building Inspector said they were on board with him if the Council was on board. Len said he was told to leave it alone. The issue is revisited on a yearly basis, but he feels his efforts are always squashed because it is too much hassle and too much grief on families. The problems have gotten out of hand and have run amuck.

Ephraim City Council Special Meeting | August, 2016 | Page 1 of 5 Around the 10th of June, Len received complaint of a trailer in the JD trailer park stating the resident was without power, water and sewer. They were living in a gutted trailer, and occupants were using 5 gallon buckets to relieve themselves and dumping those into a bigger containers outside until dry enough to dump in dumpsters. Len dealt with the resident at that time, but he would not let him inside the trailer and claimed he had no other options, and no money to fix anything. Len could see through the door that there were wires hanging everywhere and windows broken out. The resident said he would do what he could. Len gave him three days to make arrangements.

On the 22nd of June, Len and several City administrators met with owner David Strate at the park. The group went trailer by trailer and noted everything that Mr. Strate would need to fix. They found bad water hookups, power problems, and sewer connection problems. Water was leaking into everything. There was not any actual sewage on the outside at that time, but you could smell it outside the trailer. The resident had started dumping it down the pipe instead of using a bucket. They were told that wasn’t acceptable and given a few more days to get things hooked up. A citation was issued.

The City administrators talked to Mr. Strate at great length regarding regulations. He explained that some of the buildings have been sublet. There were six trailers in the center of the park that were fairly neat with nothing more than some building code issues. Three trailers have been completely gutted, yet were occupied and the ones Mr. Strate claimed were vacant have been occupied at night as reported by Sgt. Gasser. Len made a deal with Mr. Strate that if he would get rid of the junk trailers, and as long as he was working on things, it would be good. Things went for two weeks and after more pressure, one trailer was torn down but left in ruins. After more pressure that was cleared up, but the other two are still standing and now there is a fourth that is a problem. Len reported he has not, at any point, seen any real movement to meet regulations and feels things are completely out of control. He said Mr. Strate doesn’t seem to care or show any interest in acting on requirements.

Public Works Director Chad Parry addressed the council regarding the water issues. He has dealt with David Strate as long as he has been here regarding water issues and has helped him out with leaks. About three years ago Mr. Strate hired a contractor to come in and replace the water line up to the meter boxes outside the trailers which still have leaks. He said Mr. Strate doesn’t want to take any action. He referred to the utility ordinance and reported there are a lot of infractions. The plumbing code has not been met. There are a lot of other concerns at the park. Chad said Mr. Strate acts as if he will get something done, but he doesn’t do it. Every trailer has a line going into the galvanized corrugated meter box. Hookups are not up to code, sewer hookups are all leaking. There is a high risk of sewer backflow in the trailer park. This is an ongoing situation that has been going on for years and years. Other parks also have issues, but nothing as serious as this park. If it were Chad’s decision, he would shut the water off right now. He feels the City needs to take action before something happens to somebody. Hose bibs should all be above ground. They are not. Garden hoses are all over the park and the pressure of the water could break them. Sewer is dripping into the meter box, and could get sucked into the pipe and into the drinking water. The conditions are extremely serious.

Power Director Cory Daniels reported he has dealt with the park as the Director since 2014. Prior to that time a letter was sent to Mr. Strate letting him know about any problems regarding to power, including open boxes with no covers. A main Disconnect was needed. Mr. Strate took care of a few of those items, and since that time it had been good, but now the other issues with vacant trailers with power still being on has become a problem. He again recommended the owner get a main disconnect. At the inspection, one of the tenants mentioned there was a fire in

Ephraim City Council Special Meeting | August, 2016 | Page 2 of 5 one of the two empty units. All of these problems were pointed out to the owner who voiced promises of repair. Nothing has been done in six months. Cory is concerned about the dilapidated condition of the trailers and that they are falling apart. Cory said he received a phone call Monday stating that Mr. Strate got in contact with him to do that. Cory pulled the meter out of one space because of health concerns on the inside. In reality there are four units that have been pulled out of service because of safety concerns. If a fire starts in any of those units, it will affect the whole park. Extension cords are running from one trailer to another all over the park, which is illegal even with the owner’s permission. He recommends Mr. Strate follow through on the north side and get the main disconnect in there, and have each meter individually metered. On the south side, he recommend taking the pedestals out. Cooperation from the owner is needed.

Mayor Squire commented we don’t want to cause undue burden on anyone, but we have policies and codes that must be followed by everyone.

Bryan Kimball reported his history with this issue has been less with utilities, but over the years he has been specifically involved with a fire at one trailer which was replaced. Negotiations were made to move a bigger trailer in order to help with a site triangle issue there. This trailer court was originally an RV park and there was a petition to convert it to mobile home park. A variance was granted by the Board of Adjustments for a recommendation to City Council to change it to a mobile home park.

Trailers older than 1976 are not allowed to be brought into the park. Some tenants have brought in older trailers since that regulation was put in place. There are some existing trailers have been here since before then, but new ones cannot come in that are that old. People are currently living in RV trailers in the park. An RV is not intended for permanent occupancy and ordinance does allow temporary occupancy of an RV trailer, but for only 30 days. No permanent utility connections are granted. At this park we want permanent utility connections. Permanent occupancy requires you to follow building codes.

Brant Hanson commented trailer parks serve a valuable purpose for people who cannot afford regular homes. But this particular park has gotten to the point where it is unbearable. These people have a right to live in affordable housing, not dangerous circumstances that could be detrimental to their health. Some have no fridge, no hot water, and no power. The owner has recommended residents talk to the local church for help. Because we have allowed this to happen in the past does not mean we have to continue to allow it. There is a possibility some of these families will be displaced in order to get things in compliance with City code. We have researched to find someplace they could go if this park is shut down or shut down temporarily. We are concerned about those families. But if they stay there as it is, there are dangers.

He said he will work on a letters to these residents. It’s not just the property owner, the tenants themselves are violating codes. There are many courses of action available. Administration needs direction from the Council and administratively we will go and do whatever is necessary with the full support of the council. We can give people 30 days to comply or be evicted. We have a meeting scheduled to discuss bringing in an inspector to inspect all the parks to let owners and residents know what has to be done and in what time period. We have seen a lack of action with this property owner. Staff is fully committed to following through with Council’s decision. A minimum standard must be maintained. We are willing to work with owners as long as they are willing to meet those minimum standards within a given timeline.

Ephraim City Council Special Meeting | August, 2016 | Page 3 of 5 The primary concern is the displacement of residents. They need a reasonable amount of time to find a place to go; however, the property owner could have his business license revoked immediately.

Sergeant Gasser commented that the people are victims. Even if they correct their issues, if the owner doesn’t correct his, they can’t hook up anyway.

Brant reiterated that administratively we could shut it down right now with the support of the council. Sergeant Gasser recommends a complete sweep of the entire park, including the home in the corner.

City Attorney Marcus Gilson commented there are many legal remedies to make things happen, it’s a question for you if you are prepared for the other side of it when people are being evicted. The City is blamed when people are held accountable for their property.

Denise Thursby, a neighbor close to the JD Trailer Court commented that the condition of the park has gotten horrible over the years. She has grandkids and doesn’t want them in that area. She said it is scary and dangerous and horrible. It is disgusting and smelly and not good in a neighborhood.

Heather Harward, a neighbor who moved in directly across the street 22 years ago, commented it was bad then and has progressively gone downhill. That is their view and their neighborhood. There is a definite health concern, and sanitary problem. She doesn’t want to see families displaced, but wants to see them in decent living conditions. The trailers are uninhabitable, but people are living there. It is a very transient lifestyle with much garbage. We feel we have been a good neighbor to them, helping when we can, but things are out of hand.

Penny Brown, another neighbor around the corner said she goes to the trailer park to visit people as part of her church calling and it is scary. They are living in horrible conditions.

Sergeant Gasser reported that later, they found 4 grams of meth and 4 garbage bags of drug paraphernalia in the trailer with no sewer hookup. He said the City can pull meters and pull power, and the owner is still renting those units out. That’s not enough. The owner was ordered to remove the burned trailer, but after removal, it was brought back. We see blatant disregard to instruction from the City. There are multiple fire codes being violated. If one goes up, they all go up.

John Scott moved to propose the Council support and sustain all measures the City Administration feels are necessary to enforce the codes and standards and laws including state and federal laws, with all trailer parks in the City, including taking measures to close parks down if necessary with a 30 day compliance limit with this particular park. The motion was seconded by Councilmember Wheeler. A roll call vote was taken. Those voting yes: Councilmembers Scott, Wheeler, Anderson and Alder. The vote was unanimous. The motion carried.

It was reiterated the City doesn’t wish to displace residents. It was recognized there is a need for all types of living accommodations within the City, but the Council is also here to guard, protect and defend the public safety of those who are residing within those trailer parks and those who surround those parks. This is an important element of inclusiveness and we want people to move to Ephraim, but it’s got to be safely done. The possibilities of cross

Ephraim City Council Special Meeting | August, 2016 | Page 4 of 5 contamination of water and sewer and the possible electrocution of people because of the conditions in this park, are actual, serious hazards.

ADJOURNMENT

There being no further business to come before the Council for consideration, Councilmember Anderson moved the Regular Council Meeting adjourn at 5:08 p.m. The motion was seconded by Councilmember Scott. The vote was unanimous. The motion carried.

The next regular City Council meeting is scheduled to be held on September 7, 2016, starting at 6:00 p.m. in the Ephraim City Council room.

MINUTES APPROVED:

______Mayor

ATTEST:

______City Recorder

Ephraim City Council Special Meeting | August, 2016 | Page 5 of 5