struggles for council approval in Hyrum
By M. Cory Broussard
April 26, 2006 | HYRUM -- Troy Kartchner's subdivision
has been waiting for approval for over a year. He is
out of lots to develop. And he says the city is trying
to charge him money illegally.
Over a year ago the city approved the development
with the condition that Kartchner Homes Inc., Kartchner's
development company, pay for the utility stubs that
connect his development to the city's resources. Utility
stubs are small sections of piping that traverse the
distance from the street to the edge of the development,
and were installed by the city when they realized the
area was going to be developed. Kartchner believes the
city should pay for the stubs, citing an ordinance that
says the city should be treated as a developer in such
The Hyrum City Council disagrees and says they installed
the stubs in order to help Kartchner, not to hurt him.
"I want to be fair and consistent," Mayor Dean Howard
said. "So that you and others will know what to expect."
Kartchner says that the way to be consistent is to
follow the ordinance and have the city pay.
"I want to be a good neighbor," Kartchner said. "It's
hard sometimes because it feels like it's not there."
Kartchner encouraged the city to pay, saying that
he was helping them out by building a subdivision and
they should be a good neighbor and pay for the stubs.
The city council knows nothing of the ordinance Kartchner
is referring to, however, and said the only way to resolve
the situation was to have the city lawyer look at the
In the mean time Kartchner's development will go without
approval. This doesn't mean that Kartchner can not continue
with construction, just that the final bill is not agreed
upon. Kartchner said he trusted the council's judgement,
but he wanted everything to be fair.
"If you think it is fair then I will pay for it,"
"I think it is fair," Councilman Craig Rasmussen said.
"But it needs to be looked into."
The council will contact Kartchner after the lawyer
has reviewed the case. If the ordinance proves Kartchner
right, the city will pay for the stubs. Other wise Kartchner
will have to assume the cost no matter how unfair he
believes it to be.