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Nibley residents want city trail ordinance repealed By
Stefanie Snow NIBLEY -- Public input was the major focus in Thursday's City Council meeting, where it appears a previously approved, controversial ordinance will be repealed. At issue in the meeting was a city ordinance that designates 35 feet of land on newly developed property along the Blacksmith Fork River for use in a city trail system. A public hearing was held for comments on the ordinance from riverfront property owners and other residents, most of whom were opposed. Chris Daines, an attorney who represented several residents, pointed out that the ordinance could be considered unconstitutional because it threatened citizens' rights to own property. "If you tell me what to do with my property, you might as well own my property," he said. Daines said a fundamental principal is that if property is taken for government use, owners are compensated for it and also for any damage to surrounding land, attorney's fees, and potential market value decreases. He and other residents suggested that given those costs, Nibley cannot afford to implement the ordinance, constitutional or otherwise. Ron Hellstern, a Nibley resident, asked the council if they would be willing to give up 35 feet in their backyards for barbecuing. Other reasons for opposition presented by those in attendance included a belief that a trail system will increase crime and liability for accidents, and also whether or not the ordinance was even necessary to fulfill the trail system proposed in Nibley's general plan. The general plan was developed more than 30 years ago with the intent of tailoring Nibley's inevitable development to fit the desire of citizens to remain a rural community. Former Nibley Mayor Nelson said when the plan was developed, a desire for a trail system throughout the city seemed like a plausible idea, but turned out to be hard to implement. Councilman Scott Wells said after listening to opposing positions he felt the council had made overlooked details in passing the ordinance in January 2002. Wells said at first he didn't consider the impact it would have on property owners along the river. All council members eventually made comments to the effect that they would vote to repeal the ordinance, but the council can't legally vote on something until it is put on the agenda. They will vote on Wells' motion to repeal the ordinance at the Oct. 17 meeting. Several citizens said council members need to examine more closely the information they receive and use in making decisions, including the people they receive it from. One person said it appears the council takes everything Mayor Welker and administrative assistant Larry Anhder say as truth, without documentation and research. Some council members defended themselves by saying they do the best they can with the resources they have and mistakes are inevitable. Several members, including Debbie Lowry, Wells, and James Waite voiced support for Welker and Anhder. Waite quoted Aristotle, saying people get the kind of government they deserve. "You elected us," he said, "and if you think we're a bunch of bums, ask yourself when's the last time you contributed to the community."
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