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Millcreek, Utah Proposition Information Pamphlet For the referendum that has been filed against Ordinance 21-48 – AN ORDINANCE AMENDING THE MILLCREEK CITY CENTER MASTER PLAN AND TITLE 19 OF THE MILLCREEK CODE OF ORDINANCES WITH RESPECT TO DIGITAL DISTRICT SIGNS This pamphlet includes the following: 1. A copy of the referendum application (pg. 2) 2. An argument submitted by the sponsors (pg. 40) 3. An argument submitted by Millcreek (pg. 42) 4. A copy of the Fiscal and Legal Impact Statement provided by the Millcreek City Attorney and Finance Director (pg. 44) 1 ---PAGE BREAK--- 2 ---PAGE BREAK--- ---PAGE BREAK--- 4 ---PAGE BREAK--- 5 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 9 ---PAGE BREAK--- 10 ---PAGE BREAK--- 11 ---PAGE BREAK--- ---PAGE BREAK--- 13 ---PAGE BREAK--- 14 ---PAGE BREAK--- 15 ---PAGE BREAK--- 16 ---PAGE BREAK--- 17 ---PAGE BREAK--- 18 ---PAGE BREAK--- 19 ---PAGE BREAK--- 20 ---PAGE BREAK--- 21 ---PAGE BREAK--- 22 ---PAGE BREAK--- 23 ---PAGE BREAK--- 24 ---PAGE BREAK--- 25 ---PAGE BREAK--- 26 ---PAGE BREAK--- 27 ---PAGE BREAK--- 28 ---PAGE BREAK--- 29 ---PAGE BREAK--- 30 ---PAGE BREAK--- 31 ---PAGE BREAK--- 32 ---PAGE BREAK--- 33 ---PAGE BREAK--- 34 ---PAGE BREAK--- 35 ---PAGE BREAK--- 36 ---PAGE BREAK--- 37 ---PAGE BREAK--- 38 ---PAGE BREAK--- frontage over 30 on a street to a maximum of 64 sq. ft. 1 sign per 300 ft. frontage or part thereof Awning 25% of a wall area may be covered with an awning, and 50% of an awning may be covered with graphics 8 ft. min. above the ground 0 ft. above bldg. wall 4 ft. maximum projection from bldg. May be on three walls of a building Attached to building. Primary graphics on face or street side of structure. An awning sign may only be used if a flat or wall sign is not used F- R,F-M Monument Monument signs only as per the C-1 zone B. Signs relating to a product no longer available for purchase, or to a business which has closed or moved, shall be removed or the advertising copy removed within thirty days of such unavailability. Empty signs frames shall either be replaced with new signs for an active business or removed within 6 months from the time the sign area becomes vacant. C. Design: All signs shall use materials that reflect the adjacent building. All single pole signs where the pole is over 15’ in height shall include pole covers and a sign base. All double pole signs over 10 feet in height shall use pole covers and base. Monument signs shall include a base of 25% or more of the sign’s height with materials and colors reflecting the adjacent building. D. Pan channel lettering for flat/wall signs is encouraged and shall be permitted to exceed the maximum allotted area for the zone an additional 39 ---PAGE BREAK--- 1 Millcreek City Ordinance 21-48 should be referred to Millcreek voters? Construction has commenced on the Millcreek City Center, but rights to a billboard exist at 3300 South, between 1300 East and Highland Drive. To eliminate this “impediment,” Ordinance 21-48 was passed by the City Council (November 8, 2021). Ordinance 21-48 allows a digital sign on public property, 26½ feet high with 576 sq. ft. of illuminated digital messaging, changing every 8 seconds, 24/7 for 40 years. The Council declared; this is “the best decision for our city” (11-12-2021, e-newsletter). The City Center Plan suggested signs (Section 04) but nothing like 26½ feet high with 576 sq. ft. of constant digital messaging. The City argued that City Center and $40M City Hall plans would unravel if Ordinance 21-48 was not passed. “Failure (will) cost us as much as a million dollars just to buy the sign and associated rights” (11-12-2021, e-newsletter). (The City now has an appraisal value of $397,500.00, much less than earlier $1M-plus scare statements). A Referendum Application asks Millcreek voters to consider Ordinance 21-48. The right to vote is a foundation of democracy and is constitutionally protected. On November 22, 2021, the Millcreek City Council frustrated that right, delaying a citizen’s vote on Ordinance No. 21-48 until November 7, 2023. Referendum Sponsors (all Millcreek residents) make the following arguments supporting a vote. • The multi-million-dollar City Center project should have never commenced until every development and construction issue had been resolved. Homebuyers perform due diligence, why not Millcreek City? The City knew that billboard rights existed. Why weren’t they addressed well before the Council committed millions in bonds and other financial obligations? Delay(s), they say now, will incur more bond interest payments, delay moving city hall, and deprive the timely delivery of the things we want: a City Hall and City Center (11-12-2021, e-newsletter). If delays and additional costs are real, City incompetence is the culprit. The Council’s arguments ring hollow. The fact they delayed a vote until November 7, 2023, speaks volumes. • What is the problem with a large digital sign? it conflicts with the Planning Commission’s deliberate and thoughtful recommendation that the City Center Plan and sign ordinance remain unchanged. Second, a deceptive renaming effort is occurring. Renaming a billboard as a district sign doesn’t avoid precedent or the fact a district sign remains a 40 ---PAGE BREAK--- 2 billboard. A weed remains a weed. Ordinance 21-48 permits the invasive spread of large digital signs across Millcreek City. • A large and intrusive digital sign devalues public investment, including a $40M City Hall. • The City Center plan envisioned a community gathering space with monument-style signs. Can you think of another publicly funded community plaza with a 576 sq. ft. digital sign as a predominant design feature? • Ordinance 21-48 makes the City’s “Connected by Nature“ motto laughable. The Council declared Ordinance 21-48 was “the best decision for our city.” Millcreek voters deserve the opportunity to decide if that statement is accurate. 41 ---PAGE BREAK--- One Digital Sign vs. Millions of Taxpayer Dollars? A Unanimous City Council Got It Right This referendum process could cost Millcreek taxpayers millions of dollars. It delays the construction of a needed Unified Police Department precinct and city hall. Taxpayers will pay twice to relocate city offices and our police and continue to pay the construction loan. THE PROBLEM: Millcreek and UPD currently lease space that expires June 2023. Both new offices will be part of a mixed-use city center known as Millcreek Common. Because Millcreek had to acquire the property under threat of condemnation, it had no choice but to take title to the property with a significant development impediment: a Reagan Outdoor Advertising billboard located at 1333 East 3300 South and associated right-of-first refusal to purchase the property. Billboards have special rights under Utah law. An eminent domain/condemnation battle with Reagan could take 3-8 years of delay in litigation and cost Millcreek taxpayers millions of dollars. Could the city solve this problem without spending any taxpayer dollars while removing as many billboards as possible? THE SOLUTION: The city negotiated with Reagan to terminate its right-of-first refusal and eliminate the equivalent of three billboards, including the billboard at 1333 East 3300 South, in exchange for Reagan building and operating one digital sign located on city property. The concept of trading static signs for fewer digital ones was supported by all four community councils (Mt. Olympus, East Mill Creek, Canyon Rim, and Millcreek). After robust public engagement in two planning commission meetings and three city council meetings, the Millcreek City Council acted. They unanimously voted to allow only one digital sign, if Reagan removes the equivalent of three billboards, and terminates the right-of-first refusal. No additional digital district signs will be allowed in Millcreek. The one digital sign will be limited to: • Message rotations every eight seconds • No videos • No sexually oriented products or services 42 ---PAGE BREAK--- • No products harmful to minors, including alcohol, tobacco, or firearms • No political candidates or issues • Millcreek businesses receive a 10% discount for advertisement on this sign • Millcreek gets 40% of sign rotations at no charge to advertise community events • Must be dimmed at night • Must include pixel blinder technology to protect dark skies and peripheral light pollution • Not exceed 26.5’ (compared to the 33.5’ tall existing sign) An ordinance change was required to permit the new digital sign. On November 8, 2021, the city council passed Ordinance 21-48, which is the subject of this referendum. Also, that night, the city council passed Ordinance 21-49, which approved the sign agreement with Reagan. The Referendum does not challenge Ordinance 21-49. Without an agreement with Reagan, the existing billboard stays on Millcreek Common indefinitely. Forever is a long time. This agreement trades a permanent right for a 40-year lease. A signage swap reduces billboards in Millcreek and saves taxpayers millions. It allows the construction of city hall and the new police precinct to move forward. Repealing the ordinance in a referendum costs our community and solves nothing. 43 ---PAGE BREAK--- FISCAL AND LEGAL IMPACT STATEMENT REGARDING THE REPEAL OF ORDINANCE 21-48 AMENDING THE MILLCREEK CITY CENTER MASTER PLAN AND TITLE 19 OF THE MILLCREEK CODE OF ORDINANCES WITH RESPECT TO DIGITAL DISTRICT SIGNS Pursuant to Utah Code Section 20A-7-602.5 the initial fiscal and legal impact estimate regarding repeal of Ordinance 21-48 Amending the Millcreek City Center Master Plan is as follows: • Condemnation of the billboard and right-of-first refusal could cost between $397,500 and $1,000,000, plus $130,000 in legal fees. • Tax increment of $475,000 could be lost. • Delay of the new city hall and police precinct could cost $950,000 in moving and lease cost. • Cost of the referendum on the 2023 municipal election is insignificant. • Sales tax would be a funding source for fiscal impact expenses. • Reagan has applied for a sign permit and to the extent the referendum prohibits construction it would infringe on Reagan’s vested rights. Repealing the ordinance would not change taxes or the status of any debt instruments. 44