Print
Comment
Rate
Parties should negotiate and come to an agreement
The city is currently embroiled in two legal actions based on their enforcement of city codes.
The owners of Safeway Plaza are suing for $4.7 million because the city condemned the shopping center in early 2009. Their suit alleges, among other things, that the condemnation alienated tenants. They also allege that Mayor Mark Fenn wanted the condemnation to drive retailers into his newly completed shopping center. This despite the fact that the condemnation was unilaterally pursued by then building official Mike Lockett. In fact, the mayor and council were startled to learn of the action.
The second action was taken by Jay Kendrick, who owns Stage Coach Trails manufactured home park. The city cited him for moving an oversized trailer onto a lot. He thinks the non-conforming use should be grandfathered. The city thinks parking a big trailer so close to neighbors poses a fire risk and will impede response by the fire department should a fire break out. And just in case his first argument doesn't work, Kendrick's lawyers are alleging that the entire city code should be thrown out because of how it was adopted in 1997.
Come on, folks. Cities and counties all over the country pass zoning codes, not to annoy businessmen, but to ensure public safety. That basic fact seems to have been forgotten as these cases go to court.
In the case of Safeway Plaza, it should have been clear to anyone shopping at any of those establishments that there was a problem. Plumbing and air conditioning didn't work. Huge support poles stretched up through the ceilings of stores. Paint on the outside was peeling and pillars appeared to be leaning. Employees would complain to customers about the condition of the building. It didn't take an engineer to figure out that there might be a problem.
In the case of the mobile home park, a large trailer was crammed catty-cornered into a small lot. Given what happens when mobile homes catch fire, that would appear to be somewhat risky, even to an uninformed observer.
Perhaps the city is enforcing the code more rigorously now than before. But what is the point of a code to protect public safety if it isn't enforced? Instead of immediately trying to figure out how to avoid a regulation that exists for the public welfare, why not just fix the problem? If there is real disagreement over the content of a given code, why can't the city and the affected landowner/businessman sit down and negotiate a solution?
Good neighbors are rarely made in court.
The owners of Safeway Plaza are suing for $4.7 million because the city condemned the shopping center in early 2009. Their suit alleges, among other things, that the condemnation alienated tenants. They also allege that Mayor Mark Fenn wanted the condemnation to drive retailers into his newly completed shopping center. This despite the fact that the condemnation was unilaterally pursued by then building official Mike Lockett. In fact, the mayor and council were startled to learn of the action.
The second action was taken by Jay Kendrick, who owns Stage Coach Trails manufactured home park. The city cited him for moving an oversized trailer onto a lot. He thinks the non-conforming use should be grandfathered. The city thinks parking a big trailer so close to neighbors poses a fire risk and will impede response by the fire department should a fire break out. And just in case his first argument doesn't work, Kendrick's lawyers are alleging that the entire city code should be thrown out because of how it was adopted in 1997.
Come on, folks. Cities and counties all over the country pass zoning codes, not to annoy businessmen, but to ensure public safety. That basic fact seems to have been forgotten as these cases go to court.
In the case of Safeway Plaza, it should have been clear to anyone shopping at any of those establishments that there was a problem. Plumbing and air conditioning didn't work. Huge support poles stretched up through the ceilings of stores. Paint on the outside was peeling and pillars appeared to be leaning. Employees would complain to customers about the condition of the building. It didn't take an engineer to figure out that there might be a problem.
In the case of the mobile home park, a large trailer was crammed catty-cornered into a small lot. Given what happens when mobile homes catch fire, that would appear to be somewhat risky, even to an uninformed observer.
Perhaps the city is enforcing the code more rigorously now than before. But what is the point of a code to protect public safety if it isn't enforced? Instead of immediately trying to figure out how to avoid a regulation that exists for the public welfare, why not just fix the problem? If there is real disagreement over the content of a given code, why can't the city and the affected landowner/businessman sit down and negotiate a solution?
Good neighbors are rarely made in court.
 |
||
| Commentary: Cuts in health care, education will prove costly later |
Article Rating
Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Dekh wrote on Jul 22, 2010 5:29 PM:
" Jane,
Concerning Stagecoach Trails;
You need to retract your comments except for the one about being uninformed, because you certainly are.
There has been no complaint filed by the city or anyone else that there has been an oversized home crammed into any space catty cornered. Nor has there been any complaint that this home being placed there is any kind of a fire risk to anyone as it has met and meets all current fire safety set backs.
The isssues concerning this home are private property issues and that is what you should be addressing. You should be informing the public how the decision in this case just might effect them and their property.
The city has decided to go down this road and the responsibility for any expense involved can be given directly to Mayor Fenn and Council, Mr. Massey city attorney, Glenn Nichols the city manager, Mac McMillian, Brad Hamilton and the rest of staff involved here.
You and Thelma have fabricated so many stories concerning all issues about Mrs. Tipton that I think you are starting to believe the stories yourself.
Of course this is all public record, but why print the truth when you can use this pulpit to lie and direct public opinion in the direction you want it to go?
Investigate the public records and then print the truth even if you don't like it. Have some priciples and integrity for once. "
Concerning Stagecoach Trails;
You need to retract your comments except for the one about being uninformed, because you certainly are.
There has been no complaint filed by the city or anyone else that there has been an oversized home crammed into any space catty cornered. Nor has there been any complaint that this home being placed there is any kind of a fire risk to anyone as it has met and meets all current fire safety set backs.
The isssues concerning this home are private property issues and that is what you should be addressing. You should be informing the public how the decision in this case just might effect them and their property.
The city has decided to go down this road and the responsibility for any expense involved can be given directly to Mayor Fenn and Council, Mr. Massey city attorney, Glenn Nichols the city manager, Mac McMillian, Brad Hamilton and the rest of staff involved here.
You and Thelma have fabricated so many stories concerning all issues about Mrs. Tipton that I think you are starting to believe the stories yourself.
Of course this is all public record, but why print the truth when you can use this pulpit to lie and direct public opinion in the direction you want it to go?
Investigate the public records and then print the truth even if you don't like it. Have some priciples and integrity for once. "
Ipso facto wrote on Jul 22, 2010 7:37 PM:
" You don't have a code to enforce if you didn't properly pass the code. End of story.
Show us your research to support your editorial, assuming you have actually done any. "
Show us your research to support your editorial, assuming you have actually done any. "
ME wrote on Jul 24, 2010 12:35 AM:
" Ethical people can sit down and figure things out. This bunch running our city is NOT ethical. They have an axe to grind.
Kendrick has every right to protect his parks and his mother from this kind of harassment.
That is all this is and everyone around here with a brain knows it.
Get to the problem. Get rid of this entire council and start over.
Benson needs a good housekeeping and they should start with this paper, council the Mayor and the City manager and attorney along with many city staff.
Why are we still paying MacMcMillian and Brown and associates $70.00 plus an hour. We hired a full time inspector months ago.
It's not like it is boom city in Benson. Get real. Does someone owe something to Brown and Associates? Hmmmmmmmmmm wonder who? "
Kendrick has every right to protect his parks and his mother from this kind of harassment.
That is all this is and everyone around here with a brain knows it.
Get to the problem. Get rid of this entire council and start over.
Benson needs a good housekeeping and they should start with this paper, council the Mayor and the City manager and attorney along with many city staff.
Why are we still paying MacMcMillian and Brown and associates $70.00 plus an hour. We hired a full time inspector months ago.
It's not like it is boom city in Benson. Get real. Does someone owe something to Brown and Associates? Hmmmmmmmmmm wonder who? "
I know wrote on Jul 24, 2010 2:04 PM:
" Jane Amari,
You and Thelma Grimes have continously shown a reckless disregard for the truth concerning any of the issues in reagards to Mrs. Tipton, Mr. Kendrick and Mr. Kendricks Park.
I believe that this is the definition of Liable.
You have deliberatly ignored the public records that support Mr. Kendricks position.
Why is that? "
You and Thelma Grimes have continously shown a reckless disregard for the truth concerning any of the issues in reagards to Mrs. Tipton, Mr. Kendrick and Mr. Kendricks Park.
I believe that this is the definition of Liable.
You have deliberatly ignored the public records that support Mr. Kendricks position.
Why is that? "
Martha M. wrote on Jul 21, 2010 2:02 PM: