MINUTES
PUBLIC HEARING
January 26th, 2017
5:30 P.M.
Mayor Korry Soper in chair and presiding. Roll call showed Council Members Gary Chidester, Darren Dyreng, Jason Maylett, Vaun Mickelsen and Jason Vernon present, along with City Administrator Kent Barton. Approximately ½ of the 85 chairs in the room were filled as the Mayor opened the meeting and welcomed all in attendance.
The Mayor then read the following statement:
“Good evening, we welcome you to this public hearing, which has been called for the purpose of taking public comment relative to a proposal to vacate a public non-through street and to sell the street to the adjacent property owner. The parcel of approximately 1.65 acres is more particularly described as the dead-end portion of 100 East Street from the north side 400 North Street to the intersection with U.S. Highway 89.
Because this process has been on-going for many years and through multiple administrations, we felt it important that this council take final comments as we consider to confirm and ratify the vacating of the street, and the sale of the street to the adjacent property owner.
Before opening the meeting for public comment, I’d like to provide some background information.
The street has been a dead-end street for 9 years, having been closed for safety concerns at the recommendation of UDOT in 2007. The LDS Church owns all of the property bordering the street on both sides of the street. The street provides vehicle access for the LDS Church Family History and Distribution Centers, both of which are located adjacent to the street.
All expenses of maintaining the street, including periodic chip sealing and seasonal snow removal are borne by Manti City. Essentially, the city is maintaining a “driveway” for the LDS Church to its property along the street.
Being that the street is no longer a through-street and being that the street does not provide access to any public property, and being that the city is responsible for all expenses in upkeep of the street, the city desires to divest itself from ownership of the property.
With the knowledge and approval of the City Council, a representative of the city approached the LDS Church and requested that it purchase the property from the city. The Church indicated interest and negotiations began. As part of the negotiation, the city obtained an appraisal of the property, which totaled $80,000.
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The city has recently received a purchase offer from the LDS Church for $160,000, and desires to accept the offer.
As many of you know, the city is in the process of constructing a sports complex (softball, baseball and soccer fields) for the benefit of the community. The entire purchase price from this sale will be dedicated to the construction of these ball fields. The Council sees this as a great benefit for our community, not only will we relieve the city of the expenses of maintaining the street, but we will receive a very fair price for the sale of the street which will benefit the citizens of our community – especially our young people.
We have a full house tonight. We desire all who wish to make a comment to have the opportunity to speak. That being the case I will ask that you limit your comments to 2 minutes. If you desire to speak please come to the podium, state your name and address and then make your comment.
To keep us on track, I’ve asked that our Treasurer, Michelle Francks to time your comments. This is not for the purpose of limiting your opportunity to speak but rather to make sure that all who are present have a reasonable opportunity to make comment.
The Mayor then invited anyone desiring to make comment to come forward.
Shannon Miller of Manti talked about her involvement with many community development projects. She stated that she understands budgets and financial restraints that many communities face. She expressed support for the project from a financial position being that the city would save costs of maintaining the street, while receiving proceeds from the sale that could benefit the community with the planned sports complex.
Andy Cox of Manti approached the podium and stated that he is the chairman of the committee that is developing the sports complex. He said that this project has involved a lot of hard work and is sorely needed. He explained how our kids are extremely underserved with facilities for sports play. He said the property sale is key to making the sports complex project move forward and said: ”shame on anyone who opposes this”.
Russell Olsen of Manti said property that has been owned by his family for 4 generations is located across the street from the area in question and expressed the support of his family in the city selling the property.
Steven Malone of Manti said he owns a home very near to the property in question and he supports the sale, as he believes it will raise land values in the area. Malone also said he looks forward to having the opportunity to visiting with those involved protesting so he could better understand their views.
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Ned Fennell of Manti expressed opposition to the sale of the property. He stated that he believes the objective of the sale is to limit free speech. He also stated that a conflict of interest should preclude the Council from voting on the issue since all members of the Council are of the LDS faith. He stated that our country was founded for the purpose of worshipping freely and suggested it would be un-American to take the street away.
Voin Campbell of Manti recommends selling the property. He said the street has no use for the city only expense and liability. He favors shifting that burden to a private owner, not the citizens.
Mike Jorgensen of Manti expressed support for selling the street. He believes there is no effort to limit free speech, in the area of the Pageant as it will still occur on 400 North Street adjacent to the Pageant grounds.
Ned Fennell requested permission to make additional comment. After polling the Council the Mayor granted permission. Fennell said selling the property would be a dangerous business decision for the city as there will likely be suit filed by the ACLU and the city could face much greater expenses in defending a lawsuit than the sales price of the property.
Scott Hintze expressed support for the sale and encouraged the Council not to bow to threats.
Mark Olson of Manti said that he favors the sale. He applauded the efforts of the Council.
Jane Braithwaite of Manti indicated she had been involved with the pageant from its earliest beginnings. She said we have always made every effort to invite the World to our community. She said she couldn’t see how it would make any difference for anyone to enjoy the pageant experience or to exercise their conscious if the property is sold. She expressed support for the sale and said the planned complex would be of great benefit to the young people of the community and would follow the legacy that was so important to her late husband Wilbur Braithwaite.
Wayne Cox of Manti expressed support for the sale. He said the planned complex would be a wonderful thing for our community.
Brianna Hedelius of Manti introduced herself as the Mayor of the Manti Youth City Council. She stated that she supports the sale of the property and the development of the sports complex, as our youth would no longer have to play soccer in the cemetery.
Brian Wiseberg of Manti stated that he supports the sale. Concerning freedom of speech, he said that he had lived in Ukraine for 2 years and knew people who were threatened
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exercising free speech. He then said he believes there is plenty room in the area for people to exercise free speech.
After a brief pause Mayor Soper asked if there were any others desiring to speak.
Doug Barton of manti then came forward and thanked the members of the Council for their longstanding work on the issue. He went on to say that it doesn’t make sense for the city to maintain the street for 365 day a year just so it can be used as a free speech zone for 8 nights a year, when there is plenty of space open immediately adjacent to the area.
Mike Lindhardt introduced himself as a 15-year resident of Manti. He said it makes perfect sense that the city would move forward with the sale. “Don’t be intimidated” he cautioned, and then told members of the council to continue with the best interests of the city and stated: “You’re doing a great job”.
Andy Lyon of Manti stated that he supports the sale as being the right thing for the community as it is an opportunity to relieve itself of a burden.
Jordan Rittemeyer from Ephraim, Utah said it appears likely that the sale will go through and asked if the food court would be moving to that area. He stated that he is opposed to the sale but said he appreciated the time of the Council.
Michael Cox of Manti expressed support for the sale and said the funds will help to get the sports complex going quickly as other funding is mostly in place.
Shane Jones of Ephraim, Utah said he opposes the sale of the property. He added that he is more of a wrestling fan than a softball fan and in jest recommended that the sport committee consider a wrestling complex, which generated some laughter from the audience.
After another pause the Mayor asked if any other desired to make comment. When none came forward the Mayor stated that he appreciated the comments that were made and was happy that we could have a “civil discussion” and that this is “democracy in action”. He also mentioned that the Council would likely discuss the sale of the probably at the next council meeting and may take action at that time. Mayor Soper then closed the hearing at 6:10 p.m.
Korry L. Soper, Mayor
Kent Barton, Recorder/Administrator