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[0:49]
Are you doing?
[0:52]
Could for the first meeting?
[1:01]
Yeah, for the first
meeting I was in.
[1:08]
Of this discussion.
[1:11]
No know.
[1:12]
It snuck up on me because
we made a mistake.
[1:15]
We should have that
night just so we don't.
[1:19]
So now I feel like
we've created this.
[1:23]
And that was not.
[1:24]
On his slide.
[1:26]
Table well, now we
can have some lively.
[1:37]
We had anything, really?
[1:39]
That was the last.
[1:42]
Dealer oh, Yeah.
[1:44]
Yeah that was pretty lively.
[1:46]
That was the most lively
when I. So far I've been to.
[1:52]
You there was one.
[1:53]
There was an email
just like, what, 24?
[2:00]
Do you still want to be, chair?
[2:01]
Because apparently.
[2:03]
Yeah Yeah.
[2:04]
I don't have a good.
[2:06]
I think we can kick off.
[2:08]
So we can nominate you and
you'll just keep doing it.
[2:13]
Give me a 50% increase.
[2:15]
I'm like, I don't know.
[2:17]
Yeah increase 50% on zero.
[2:20]
We can do that.
[2:20]
Zero we can do that.
[2:23]
Get to.
[2:27]
Yeah anybody?
[2:34]
Yeah Christian and.
[2:39]
Then? victoria?
[2:39]
I'm not sure.
[2:41]
Are we good, kurt?
[2:43]
No one online.
[2:44]
OK well, let's get underway.
[2:50]
Hey, welcome to the March
planning commission meeting.
[2:53]
Thank you.
[2:55]
Get oriented here in
front of microphone.
[2:57]
I've got a brief
statement to read
[2:59]
and then we'll get underway with
our items on the agenda today
[3:06]
is the 20th of march, 5:02
PM and at least we do have
[3:11]
a few commissioners missing.
[3:14]
Christian Larson, I think you
saw his email and Ian Wright.
[3:19]
And then maybe Vicki
Reed will show up.
[3:24]
Or Duane.
[3:26]
Oh, Vance said he'll be on line.
[3:28]
But, Kurt, nobody on line yet.
[3:30]
Nobody on line yet.
[3:31]
OK, I'll let if they show up.
[3:35]
Yeah, we have a quorum.
[3:36]
We've got five.
[3:37]
So we're good.
[3:40]
The planning commission
is a voluntary citizen.
[3:42]
Board commissions.
[3:43]
Agenda items fall within
two main categories
[3:45]
administrative and legislative.
[3:47]
And we do have a legislative
item on our agenda tonight.
[3:51]
The sign ordinance.
[3:53]
Examples of administrative items
are I'm going to skip that.
[3:57]
Those are the conditional use
and subdivision applications.
[3:59]
That doesn't apply this
evening because we're not
[4:00]
going to hear any of those
examples of legislative items
[4:03]
or rezoning
applications and changes
[4:05]
to the zoning ordinances.
[4:07]
The planning commission will
provide a recommendation
[4:09]
to city council and we have more
discretion in the suggestions
[4:12]
we provide to them.
[4:14]
Our decisions are based upon
planning staff, recommendations
[4:18]
from planning staff
and other agencies,
[4:20]
Community Council
recommendations, field
[4:22]
observations and
information presented
[4:24]
at the public hearing,
including a presentation
[4:27]
by the applicant, which in this
case is going to be the city
[4:30]
and then testimony
from the public.
[4:32]
So if you're.
[4:34]
Oh, and we do have
another commissioner.
[4:37]
Victoria Reid.
[4:44]
So I think there's going to be
a slight change on the agenda,
[4:47]
because we have the election of
vice chair and chair for 2024,
[4:52]
and we probably should
do that before we
[4:53]
get underway with the.
[4:57]
With our actual items.
[4:59]
So chair and vice
chair can be official.
[5:02]
Right now, the
chair is me, Shawn
[5:04]
Lamar, and our vice chair is.
[5:07]
Victoria, read
the commissioners.
[5:10]
We have to get a
nomination from you folks.
[5:14]
I don't have a campaign speech.
[5:15]
I'm happy to continue
on being a chair.
[5:19]
And Victoria, I don't
know your feelings
[5:22]
or if you're content, but if
someone else wants to do it,
[5:24]
it's fine.
[5:30]
Think in the same.
[5:34]
OK now if you can
do it together.
[5:40]
Uh, I move that we keep
the same commissioner
[5:43]
and vice commissioner or vice
chair and vice chair for 2024.
[5:49]
Second OK.
[5:51]
Motion by Nielsen.
[5:53]
Second by Diane.
[5:57]
For the discussion.
[5:58]
Do you have a speech?
[5:59]
No you are fabulous.
[6:01]
Oh, OK.
[6:02]
Well, Thank you.
[6:03]
Let's go ahead and
do a voice vote.
[6:05]
All in favor say Aye or yes?
[6:07]
A Yes.
[6:08]
Anybody opposed?
[6:10]
OK, we're on for another term.
[6:15]
Thank you.
[6:18]
Yeah so you don't want a speech?
[6:21]
You'll probably hear enough
from me later on this evening.
[6:24]
So now we'll move to our
first item on the agenda,
[6:28]
a real first time 23 016.
[6:30]
And this is continuing
business, looking
[6:33]
at amendments to our sign code.
[6:38]
And Francis, you'll be.
[6:41]
Presenting this.
[6:42]
Yes to us.
[6:43]
OK all right.
[6:44]
So let me just do this.
[6:48]
Can everybody see?
[6:50]
OK, so I'm just going to
get right into the meat
[6:52]
of the meat of the matter.
[6:54]
Um, so the first, the first
part of this presentation is,
[6:58]
is a response to changes
that were discussed
[7:04]
or potential changes that
were discussed by this body
[7:06]
at the last meeting.
[7:07]
So I sent you a staff
report last week.
[7:11]
Hopefully that
made sense to you,
[7:12]
but I just kind of wanted to go
through each of these in order
[7:18]
in how they appear in the code.
[7:19]
So in section 1860
820, we had language
[7:27]
that said that sign
alterations that are in excess
[7:30]
of 25% of the total
sign, sign, face
[7:32]
square footage shall require
conformance to this title.
[7:37]
What that meant was that a
nonconforming sign could expand
[7:40]
up to 25% of its square
footage without having
[7:43]
to come into compliance
based on comments
[7:47]
from the planning commission.
[7:48]
I we struck that out and simply
said that sign alterations
[7:52]
that increase signs face
square footage shall require
[7:55]
conformance to this title.
[7:58]
Um, the next question
pertained to window signs
[8:02]
and there was quite a bit of
conversation on window signs
[8:07]
and what counted
as a window sign.
[8:09]
The language that
we're proposing here
[8:11]
and we put this in
three different places,
[8:13]
one in applicability,
one in the definitions
[8:15]
and one in the
window sign language
[8:16]
itself is that any sign
that is hung within three
[8:20]
feet of a window, any
interior sign that
[8:23]
is hung within three
feet of a window
[8:25]
is considered a window sign.
[8:27]
OK this was brought up because
a planning commissioner raised
[8:32]
the example of a
bank in Heber city
[8:35]
that hung a digital display
right against the window.
[8:40]
And Heber city had strong
feelings about digital signage
[8:43]
in general.
[8:44]
And so, you know,
that was brought
[8:48]
up as a potential loophole.
[8:49]
And in fact, there's an example
of this right here in Millcreek
[8:52]
the emissions plus folks
have hung a digital display
[8:57]
inside their window.
[8:58]
Currently, we really can't
regulate that because
[9:00]
technically it's a window sign.
[9:02]
But in the future,
we would be able to
[9:04]
with this 3 foot minimum.
[9:07]
I didn't find very many cities
that had language like this,
[9:10]
so I just made what I thought
was a Prudential judgment
[9:14]
on that question.
[9:16]
With respect to pole covers,
that's in 1960, 1868,
[9:20]
100 sub B were suggesting
that pole covers and sign
[9:28]
bases shall be constructed
of brick, stone
[9:30]
or architectural metal
panels that extend at least
[9:32]
three inches beyond
the pole, and that
[9:34]
fully conceals the entirety
of the sign pole structure.
[9:38]
One one commissioner
brought up, you
[9:40]
know, ambiguity in the
code about what a sign
[9:43]
pole cover meant and whatnot.
[9:46]
We thought that might be
a reasonable approach.
[9:49]
Here's an example of
an effective sign.
[9:51]
Pole cover, of course.
[9:52]
Right the brick yard
sign itself wall signs.
[9:58]
So a question was
raised about the,
[10:03]
you know, the appropriateness
of our 15% or 20%
[10:08]
of the wall area
requirement for wall signs.
[10:11]
Um, commissioners brought
up rightly that there
[10:14]
ought to be a maximum.
[10:16]
I looked at our peer cities,
mostly Sandy Murray, Cottonwood
[10:19]
heights, Salt Lake City
and in fact, in all cases
[10:21]
and even in West valley,
there is a maximum.
[10:24]
It's something similar to this.
[10:25]
And many cities kind
base it on the zone.
[10:27]
So we're proposing that there's
that keep that 20% of the wall
[10:32]
area up to a maximum of
200ft in a residential zone,
[10:36]
300ft in a commercial
c, one zone and 600ft
[10:39]
in a CMD md3 and f zone.
[10:42]
And that's where you
have the greatest
[10:44]
kind of opportunity for a
large building such as this.
[10:47]
And this is the fat cats
and bluffdale, right?
[10:50]
And so that, that
speaks to the idea
[10:53]
that there ought to be kind
of a maximum square footage
[10:56]
threshold.
[10:56]
And these thresholds aren't
out of line with what
[10:59]
other cities have done.
[11:01]
In fact, I think that 600ft is
identical to what Sandy Sandy
[11:06]
recently adopted in their code.
[11:10]
Um, you know, upon the,
you know, at the suggestion
[11:14]
of the international sign
Association's Utah chapter
[11:19]
and and at the suggestion of
some planning commissioners,
[11:21]
we adjusted the light
temperature maximum.
[11:25]
And then, you know, we, we
talked this wasn't necessarily
[11:28]
a planning commission
recommendation per se,
[11:30]
but this is something
that I'd been
[11:31]
thinking about for some time.
[11:33]
And the idea of, you
know, incentivizing
[11:37]
the creation or
the incentivizing
[11:39]
of more attractive signs.
[11:41]
One thing that occurred to me
is the draft that you received
[11:46]
did allow electronic
message centers on pole
[11:48]
signs in the commercial zone.
[11:50]
What if we just prohibited
them on pole signs
[11:52]
in the commercial zones,
such that if anybody wanted
[11:54]
to do an electronic
message center,
[11:56]
they would have to replace
their sign with a monument sign.
[11:59]
It is a form of an
incentive, potentially a
[12:02]
challenging one for some folks.
[12:03]
Right but it would force them
to choose between keeping
[12:07]
their pole sign or maybe coming
up with a lower profile sign
[12:10]
to enjoy the benefit of an
electronic Message Center.
[12:13]
I don't know how the planning
commission feels about that.
[12:16]
I welcome your
suggestion, but as I
[12:18]
was kind of going
through your notes,
[12:20]
that thought came to me
in the last week or so.
[12:25]
And then let's see,
clarified proposed
[12:28]
standards for window signs.
[12:29]
So here's what we wrote,
and this is language
[12:32]
very similar to what Sandy did.
[12:33]
So window signs shall
not cover more than 50%
[12:36]
of any single window,
no more than 33%
[12:39]
of an entire surface area
of a group of Windows
[12:41]
on each building face.
[12:42]
And they we have a definition of
what we mean by a single window
[12:47]
and also a picture that
I borrowed from Sandy
[12:50]
that I'll have our
code consultant adapt,
[12:52]
if you like this approach.
[12:54]
Essentially it says
50% of a single window
[12:56]
or 33% of a group of Windows.
[12:57]
And you know, acknowledging that
the door is always separate.
[13:01]
And then we put
that language that
[13:03]
said that any
interior sign placed
[13:05]
within three feet of a window
is considered a window sign.
[13:09]
Then I have I have
Commissioner Lamar to Thank
[13:15]
for this beautiful picture of
the beautiful trailer sign we
[13:21]
added to the mobile
TC sign definition
[13:22]
to address signs on vehicles
and specifically the language
[13:26]
that we added was this.
[13:30]
A mobile TC sign means a sign
mounted on a trailer frame
[13:33]
lighted or unlighted,
which is not permanently
[13:34]
attached to a structure
of the ground or a sign
[13:37]
that is greater
than 16ft in area
[13:39]
and that is mounted
on a vehicle.
[13:40]
And that's language that chair,
commissioner Lamar suggested.
[13:45]
And we thought that
might be reasonable.
[13:47]
So those are in essence,
those are, in essence,
[13:50]
my changes to the sign code.
[13:52]
I know this is a matter
of continuing business,
[13:54]
but but I also know that there
are folks here who were not
[13:56]
here at the last meeting
is, of course, up
[13:59]
to the discretion of the chair.
[14:00]
But it might be good
to hear from the public
[14:02]
on these questions as well,
if you're so inclined.
[14:06]
Chair but before we move
on to sign discussion,
[14:10]
do you have any
questions or thoughts
[14:12]
respecting the changes
that we proposed
[14:14]
for you for the sign code?
[14:16]
Commissioners
questions for Francis.
[14:20]
Francis on item number five.
[14:21]
You talked about a
maximum temperature.
[14:23]
What is that?
[14:24]
Maximum temperature?
[14:25]
The it is 4,000 degrees Kelvin.
[14:29]
OK it's a light color.
[14:32]
Right?
[14:33]
color.
[14:34]
Temperature that's good.
[14:35]
Thank you.
[14:39]
Um, Francis, could
you refresh my memory
[14:41]
about what the current limits
are on the M6 in terms of size?
[14:47]
Um, I believe it's in
the commercial zone.
[14:49]
Yes can you give
me just one minute?
[14:52]
I can pull it up.
[14:56]
So you see this as
being more restrictive?
[14:58]
Correct well.
[15:01]
Yes, let me look.
[15:20]
So what I can do is.
[15:25]
I can pull up the staff
report and then we can.
[15:28]
Then I can tell you what.
[15:31]
What it is in the current
version of our code here.
[15:39]
Excuse me.
[15:48]
Oops OK.
[16:03]
So bear in mind, this
is a previous draft,
[16:05]
but the EMC dimensions
weren't changing.
[16:17]
Just one second and excuse
me for the time here.
[16:23]
OK so.
[16:35]
These numbers are the same.
[16:38]
These percentages are the
same as what is allowed
[16:41]
in the current CNM zones.
[16:44]
So the percentages
themselves have not changed.
[16:46]
What has changed is
the minimum separation.
[16:49]
So we now say may not
be located within 150
[16:52]
of a residential zone.
[16:53]
And in the draft that
you received on Friday,
[16:57]
I'm suggesting that
maybe we only make
[17:00]
monument signs in
the C zone eligible
[17:02]
for electronic message centers.
[17:06]
But the percentages
themselves have not changed.
[17:09]
From from the existing code.
[17:12]
Does that answer your question?
[17:13]
Yeah Thank you.
[17:14]
OK um, just a question
on the windows sign.
[17:23]
Yes, doors are separate,
but can doors have signs?
[17:27]
Yes if it has a window
in it, yes, it can.
[17:30]
Then why is it separate?
[17:31]
It's just counted as a separate.
[17:33]
It's just counted as.
[17:34]
It's just counted as
a separate window.
[17:36]
OK and Francis.
[17:41]
I also have a.
[17:42]
Clarifying question two
regarding window assigns,
[17:44]
I was looking at the
table, the 1868 113 table.
[17:53]
And it has.
[17:55]
Window size 12ft per use.
[17:58]
And I was wondering
that illustration
[18:00]
that you had borrowed from
Sandy with the 50% windows.
[18:03]
Is that does that go
along with the 12ft?
[18:07]
So they have a 12ft per
the front of their building
[18:10]
or per window, it's 50%
and then limited to that
[18:14]
or that's a good point.
[18:15]
What I'll do is I'll make
the I'll make this table.
[18:19]
And I'm sorry I missed that,
but I'll make this table align
[18:23]
with the standards in this.
[18:27]
This is the table in question
that you're referring to.
[18:29]
Right?
[18:31]
and I'll make this table align
with the standards stated here.
[18:36]
We can do.
[18:39]
A maximum of 12ft if you want,
if that concerned about it.
[18:46]
Or we can just do the
33% that Sandy does.
[18:54]
Yeah I mean, when
my thoughts were,
[18:57]
I can bring my thoughts when
we come back to our discussion.
[19:00]
OK well, I mean, the other thing
that I would recommend that we
[19:03]
add is that this allowance
only be for Windows
[19:07]
on the ground floor.
[19:08]
OK right.
[19:09]
And so what about above?
[19:10]
There would be no
window signs allowed
[19:12]
on upper story of a building.
[19:14]
OK also with the.
[19:20]
With the three foot buffer.
[19:21]
So if you put a TV.
[19:26]
A TV would be considered within
three feet, would be considered
[19:29]
a window sign.
[19:30]
Does a window signs
have a prohibition
[19:33]
on being electronic?
[19:35]
So let's say you put a TV.
[19:37]
One foot away from your window.
[19:39]
That's now considered
a window sign.
[19:41]
But can window
signs be electronic?
[19:43]
Well, technically, yes,
because if you read this,
[19:47]
I mean, the way our ordinance
is structured, if you let me see
[19:52]
if I can find it here, our table
regarding electronic message
[19:57]
centers tells you what sign type
and electronic Message Center
[20:00]
is allowed in.
[20:02]
And in none of these
cases is window sign
[20:05]
ineligible eligible
for some sort of EMD
[20:09]
under the current code.
[20:10]
Right we don't regulate
signs on the inside
[20:14]
whether they're
moving images or not.
[20:16]
But under this new
code we would write,
[20:18]
if it's within three feet of a
window and it's an electronic,
[20:21]
then that would be an
electronic message center,
[20:23]
which is not in this table.
[20:24]
Right so that
basically says window
[20:26]
signs cannot be electronic.
[20:29]
Now, I mean, what's
going to happen,
[20:30]
right, is some code enforcement
is going to go out to someone
[20:34]
and say, well, I mean, you can't
have that within three feet
[20:37]
of the window and
then they're going
[20:38]
to move it 3 feet in an inch.
[20:40]
Right so, I mean, no
matter what we do,
[20:43]
right, someone's going
to figure out some way.
[20:46]
Yeah, Yeah.
[20:47]
And we can probably talk about
that more in our discussion.
[20:49]
Because I'm just
thinking of maybe
[20:50]
there are some electronic
like the small open signs
[20:53]
that are blue and red.
[20:54]
Maybe those are maybe we feel
like those are OK, but large 72
[20:59]
inch screen TVs are not.
[21:01]
But yeah, so that's not an
electronic Message Center.
[21:03]
That's just a lighted sign.
[21:04]
That's just lighted sign.
[21:05]
OK electronic Message Center
has changeable message type.
[21:08]
It scrolls, it does
all these things.
[21:09]
Right? so that wouldn't
prohibit if you
[21:11]
have your little open sign.
[21:12]
OK the.
[21:23]
verify led.
[21:29]
The other comment and we don't
have to talk a lot about this,
[21:32]
but I didn't see any change to
the temporary sign language.
[21:36]
And I just.
[21:38]
I think if that
language was rewritten
[21:41]
to make it a little more clear.
[21:44]
That was on page
19 of this report.
[21:48]
And it talks about,
you know, you
[21:49]
get six month temporary
sign plus three additional
[21:51]
if it's a grand opening,
all of their temporary signs
[21:56]
are get six weeks.
[21:59]
It felt kind of clunky
trying to understand
[22:02]
what the meaning was by
looking at just that paragraph.
[22:06]
I got a little confused.
[22:08]
OK I remember that discussion.
[22:12]
Remind me what code
section this was.
[22:14]
The page 19.
[22:16]
So this is.
[22:21]
A Scott 68.140 temporary
signs and it was.
[22:31]
I understand.
[22:33]
OK Yeah.
[22:34]
Um, we could do this
as a bulleted list.
[22:38]
I have a question on that
temporary sign issue,
[22:41]
too, because I've never paid
attention to signs like you
[22:44]
did in the last two weeks.
[22:47]
What do we have?
[22:48]
Something about temporary signs
on roofs, because I was driving
[22:52]
down 900, I don't know if it
was holiday or mill creek,
[22:55]
but there's an
apartment complex that
[22:57]
put this big, huge sign on their
roof that says now renting.
[23:02]
Which I take it as
a temporary sign,
[23:05]
but it could probably live
there for a very long time.
[23:08]
Yeah um, and then the
other one I noticed
[23:12]
is same type of
thing on balconies,
[23:17]
like on the corner of
an apartment complex.
[23:21]
Does that fall into
these other rigs
[23:23]
where we talk about
the clearance?
[23:27]
From the street or the corner.
[23:31]
Well so a temporary
sign that's hung
[23:33]
from the face of the
building would, you know,
[23:35]
should automatically meet all
the clear view considerations.
[23:39]
Right because the sign
wouldn't sign itself,
[23:41]
wouldn't change the clear view
it's affixed to a building.
[23:46]
You know, technically
in this code,
[23:47]
there's probably nothing
stopping someone from putting
[23:49]
a temporary sign on a roof.
[23:52]
However, we could make
that Amendment right.
[23:56]
You know, if you want.
[23:59]
It's true.
[24:00]
It's a really big sign.
[24:02]
Well, Yeah.
[24:02]
And once you.
[24:03]
Once you spend your world
thinking about science,
[24:05]
you do see them everywhere.
[24:06]
Right and it's annoying.
[24:07]
I get it.
[24:11]
That's all the clarification
questions I have.
[24:13]
Francis chair Lamar,
just so you're aware,
[24:18]
we're having issues with
issues with the GoToMeeting.
[24:21]
So commissioner
Vance is on the call
[24:24]
and watching the live stream.
[24:26]
So our audio is on your phone.
[24:28]
Correct?
[24:29]
you can see us.
[24:31]
Going to wave to them
wherever the cameras
[24:32]
don't know where it is.
[24:34]
That's why I came here, because
I couldn't get it to go.
[24:36]
OK do you want to see if he
has any questions for francis?
[24:41]
I doubt that he has seen
anything at this point.
[24:44]
He just joined.
[24:45]
Right OK.
[24:46]
OK Thank you.
[24:47]
You any questions for.
[24:50]
Francis when you say
three feet with it.
[24:57]
With it from a window.
[25:02]
You know you still put.
[25:04]
You know, large 72 inch,
85 inch screen, three feet.
[25:08]
Straight back from the window.
[25:13]
That's still a sign
in the window or even
[25:17]
if it's on the wall
back behind it.
[25:18]
I guess that 3 feet
means within, not in the.
[25:25]
Anyway, you can't
do much different.
[25:27]
I'm not.
[25:27]
I don't have any questions.
[25:32]
Right Dave, any
questions from you?
[25:36]
I just want to say I
looked at that language.
[25:38]
And I think it's not here in.
[25:41]
Table, but in the actual
language in the law,
[25:45]
I think I think Francis had
put the sentence before, as I
[25:48]
recall, was something like.
[25:50]
If it's facing
outward or something.
[25:52]
And then the next sentence that
you put in here in the table
[25:55]
was about the three feet.
[25:56]
Is that not correct?
[25:58]
That Yes.
[25:59]
So it's covered that is correct.
[26:01]
Right it still has
to face outward.
[26:04]
So anyone anything
that was facing
[26:05]
outward, would you please use
your mic so he can hear us?
[26:08]
So anything that was facing
outward out the window
[26:12]
would be a problem, correct.
[26:13]
As you've written it, because
there's another sentence
[26:16]
in the actual right.
[26:17]
And if it's within three
feet, we could pick a number,
[26:20]
it could be four,
it could be five.
[26:21]
Right like I think we just pick
a reasonable number that that,
[26:24]
you know, notwithstanding
whatever you do on the inside.
[26:28]
Right it counts as a it
counts as a window sign.
[26:31]
Now, I mean, there
are things that I
[26:33]
don't necessarily think it's
appropriate for us to regulate.
[26:37]
For example, you know, there's
an ice cream shop downtown
[26:40]
that has this really pretty
kind of Neon Art piece
[26:43]
on the back wall.
[26:45]
You can see it through
the window, right?
[26:46]
But it's on the back wall.
[26:48]
A lot of restaurants do that.
[26:49]
I don't necessarily
want to regulate that.
[26:52]
There's another
business downtown.
[26:54]
Well, it's actually a
really beautiful building
[26:59]
with a really beautiful
digital display inside of it
[27:02]
on the corner of First
South and State Street.
[27:05]
And it's in the lobby
of the building.
[27:07]
And that's and it
rotates kind of images
[27:09]
of national parks and whatnot.
[27:11]
It's quite stunning.
[27:13]
And and I don't know that
it's appropriate for us
[27:15]
to regulate that
sort of thing either.
[27:17]
So the question is the question
is, where do you draw the line
[27:22]
up adjacent to the window
knowing that someone's going
[27:24]
to walk right up to that
line and put something there
[27:26]
and we're not going
to regulate it?
[27:28]
That's that's the issue that we.
[27:30]
That we have.
[27:32]
I appreciate that, too.
[27:32]
And I also want to make
sure that we're not.
[27:34]
We didn't go so restrictive.
[27:36]
Or if you have a
restaurant or bar.
[27:38]
And you have a.
[27:40]
TV that's kind of facing the
people that might be sitting
[27:43]
at the window, that
it doesn't become
[27:44]
non-compliant because
they want to watch sports.
[27:49]
Let's move to.
[27:52]
I want to just cover the
updated Community Council.
[27:56]
Um, recommendation.
[27:58]
But Francis, I think that was
pertaining to district signs.
[28:01]
Yes, it was.
[28:02]
Do these in too.
[28:02]
Yeah, and I'll cover that
in my presentation as well.
[28:05]
OK Do you want to
continue on with the rest
[28:09]
of the second part and then
we'll move to community
[28:12]
council, then up to you.
[28:14]
However you want to
do it all together.
[28:17]
OK OK.
[28:22]
So with respect to sign and the
Billboard exchange agreement.
[28:28]
So subsequent to
our last meeting,
[28:30]
I visited with many of you
individually and, and just kind
[28:34]
of got, you know,
Herd Herd, whatever,
[28:38]
whatever concerns or
things you like, things you
[28:40]
dislike about the proposal and.
[28:46]
I have I have
crafted four options
[28:48]
that hopefully encapsulates
all of your concerns.
[28:53]
And and the truth is, from
a land use perspective,
[28:55]
I think any of these
options are defensible.
[28:59]
And again, this is
just to reiterate,
[29:01]
this is a difficult issue.
[29:03]
A lot of heartfelt
feelings about this.
[29:05]
And and just a
reminder, although there
[29:07]
are monsters on
the screen, there
[29:10]
are no monsters in this room.
[29:11]
And that, you know, we're all, I
think, trying to do the best we
[29:15]
can to make Mill
Creek a better place
[29:18]
and that the issues at the
fore here really are, you know,
[29:22]
aesthetic and deeply held.
[29:24]
And I just again, want to just
affirm that whatever happens
[29:28]
tonight and you know, I have
great respect and consideration
[29:35]
for, you know,
everybody's deeply
[29:38]
held beliefs on this
matter because, you know,
[29:39]
it is what it is.
[29:42]
So there were other cities that
have done Billboard exchanges,
[29:47]
not many, but the Kansas
City Metropolitan area has
[29:52]
experimented with this concept.
[29:53]
It's different than
mill Creek's concept.
[29:55]
But I just kind of wanted to
walk through both of these.
[29:58]
One is Lee's Summit
and Lee's Summit
[30:00]
is a city of about 100,000
people in the Southeast.
[30:05]
Side of the Kansas
City Metropolitan area.
[30:08]
And in about 2004, they
enacted an ordinance
[30:12]
that allowed any
nonconforming Billboard
[30:15]
to be converted into a
digital Billboard on a face
[30:18]
to face basis.
[30:19]
So two faces to one
face, 2 to 1, basically.
[30:23]
But they also said
that digital signs
[30:24]
could be larger, could be 10%
larger than the faces replaced.
[30:29]
In the case of
Lee's summit, they
[30:32]
had in essence, a holding
zone or a receiving
[30:34]
zone for these new signs.
[30:35]
And those were along
certain highways.
[30:38]
So they were taking
nonconforming
[30:40]
billboards in their
city core and putting
[30:42]
them along certain highways.
[30:44]
They limited their exchange
to nonconforming signs.
[30:47]
So, in other words.
[30:49]
Not any Billboard could just
be eligible for some sort
[30:51]
of exchange.
[30:52]
It had to be
non-conforming in some way.
[30:55]
They didn't necessarily
say which way it
[30:57]
was non-conforming,
but they said
[30:58]
they made an important kind
of policy decision about that.
[31:02]
And the reason why I bring
this up is, you know,
[31:05]
a number of you have brought
up the question about what
[31:07]
billboards should we consider
in some sort of or should
[31:09]
the city council consider in
some sort of sign exchange?
[31:13]
And for what it's worth, both
Lee's Summit and Kansas City
[31:16]
came up with this
concept that really,
[31:18]
if we're going to bear the
burden of digital signage,
[31:22]
you know, the signs
that are nonconforming
[31:24]
or the signs that are
larger ought to be the ones
[31:27]
that are thrown into the mix.
[31:29]
Lee's Summit reduced
their number of billboards
[31:31]
from 12 to 6 using this method,
and they moved the billboards
[31:34]
away from areas that they
found more offensive to areas
[31:37]
that they found less so.
[31:39]
And they did this
over about 15 years
[31:43]
in the case of Kansas
city, the conversion rate
[31:46]
depends upon sign size.
[31:47]
So bigger signs have a
lower conversion ratio
[31:51]
and that's described below.
[31:53]
So there's what they call
a junior poster, which
[31:55]
is those 72 square foot signs.
[31:57]
That's the so-called fan
sign up on 23rd East that
[32:01]
converted it a 7 to 1 ratio.
[32:04]
A poster, which is
an example mean.
[32:08]
This the.
[32:11]
The ambulance chaser sign
over just East of the East
[32:17]
of the Walgreens is a poster.
[32:19]
The bulletin board
sign is the large one.
[32:22]
An example of the
bulletin board sign
[32:24]
is the large one
next to Burger King.
[32:27]
That I think currently
advertises a plumbing business.
[32:30]
So the posters in the
junior posters, Kansas City
[32:33]
decided to exchange
at a ratio of 7 to 1.
[32:36]
But the bulletin boards,
all things being equal,
[32:38]
they felt that the larger
signs had more value.
[32:41]
Even on a per square
footage basis.
[32:43]
They recommended a 3 to 1.
[32:45]
And here again, just like in
Lee's summit, they, you know,
[32:50]
created kind of holding
zones for or receiving
[32:53]
zones for these digital signs.
[32:57]
So it's important to
note here and I asked
[32:59]
and this is another
question that was brought up
[33:01]
how do we come up
with a rational basis
[33:04]
for deciding what signs
are removed and what ratio?
[33:09]
This is a particularly
tricky question.
[33:11]
And and I brought this
up to both the planning
[33:13]
director of Kansas City and
the planning director of Lee's
[33:15]
Summit.
[33:16]
And they gave me
an answer that was
[33:18]
both very obvious and in
a way, very unsatisfying.
[33:24]
And that answer it was
a negotiated process
[33:28]
with the sign companies because
they felt that there was
[33:31]
no point in having
an exchange ordinance
[33:33]
that no one would
participate in.
[33:35]
If you set the price too high
at an arm's length transaction,
[33:38]
no one's going to buy
what you're selling
[33:40]
or no one's going to, you know.
[33:43]
And so in a sense, it's
much like, you know,
[33:46]
anything that we do at an
arm's length transaction
[33:49]
where neither party is
under duress, you know,
[33:51]
you have to find an exchange
that's that both parties are
[33:55]
willing to do.
[33:56]
And it was through
a negotiated process
[33:58]
that the sign companies and
Lee's Summit in Kansas city,
[34:03]
respectively, came up with the
numbers that they came up with.
[34:06]
I know that's not like thrilling
to hear, but it is informative.
[34:12]
Right and I've asked, you
know, Kansas City is a big city
[34:15]
and I've asked their
planning director.
[34:17]
Right like what?
[34:18]
How did you do this?
[34:19]
And that was the
answer they gave me.
[34:22]
It's important to note
that Billboard companies
[34:23]
in the Kansas City and
Lee's Summit situation
[34:26]
were not compelled
toward an exchange.
[34:27]
There was no property
exigency, there
[34:30]
was nothing kind of
forcing this, no threat
[34:33]
of condemnation, nothing.
[34:35]
It was truly arm's length.
[34:38]
Kansas City and
Lee's Summit also
[34:40]
did not select the billboards
eligible for exchange.
[34:42]
But what they did
do is they created
[34:43]
categories of signs that
were eligible for exchange.
[34:46]
In other words, the signs
that were non-conforming.
[34:48]
In addition, I believe.
[34:51]
I believe Lee's Summit
actually added language that
[34:54]
said that any sign that
was within 500 feet
[34:56]
of their municipal boundary.
[34:57]
Right could be eligible
for an exchange.
[35:00]
Because I think in that
case, they were saying, well,
[35:02]
we're moving the sign.
[35:03]
We're moving this
old sign away from,
[35:05]
you know, an arterial road
on our municipal boundary
[35:08]
toward a highway.
[35:09]
And that was a policy
decision that they made.
[35:14]
so there are some differences
between Missouri and Mill
[35:16]
Creek.
[35:19]
unlike the Missouri
examples, Mill Creek
[35:20]
would own the
resulting sign and we
[35:22]
would limit the advertising sign
advertising time on the sign.
[35:24]
And I think that means something
with respect to the ratio.
[35:27]
And it also means
something with respect
[35:29]
to how that sign is
controlled and managed.
[35:31]
The Missouri examples
created a permanent vesting
[35:34]
for the resulting signs
and Mill creeks proposal.
[35:37]
At least the previous proposal
was for a 40 year lease.
[35:41]
I don't know.
[35:41]
40 years is a long time.
[35:42]
But you know, in terms of
rights and vested rights, right.
[35:46]
40 years is a lot
less than forever.
[35:49]
And that's the situation that we
deal with existing billboards.
[35:54]
Mill creeks are digital
district sign out here
[35:57]
is smaller and shorter
than the Missouri
[35:59]
digital billboards, right.
[36:01]
Mill Creek also has more
control theoretically,
[36:03]
over the design and operation
of the sign due to ownership.
[36:06]
So that is to say that
that's the council
[36:08]
could negotiate that, right?
[36:09]
We could negotiate time.
[36:11]
We could negotiate when the sign
is on or when the sign is off.
[36:14]
We could negotiate the
range of the aspect,
[36:18]
the view of that sign are
the louvers set at 38 degrees
[36:22]
or 35 or 32 or whatever.
[36:25]
We we could negotiate the
illuminance again, you know,
[36:28]
in I ownership of
the sign really
[36:32]
helps the city control how that
sign is used in the long term.
[36:37]
Also, I noted that I've done
a lot of reading on state law
[36:41]
and state statute
right now makes
[36:43]
for makes a Missouri
style conversion
[36:45]
scheme kind of unworkable.
[36:47]
And here's why.
[36:49]
For for cities that have
a lot of billboards,
[36:52]
it's important to
note two things.
[36:54]
One, a Billboard company
can relocate that Billboard
[36:58]
within a mile of the
existing sign in any
[37:00]
commercial or industrial zone.
[37:04]
Up to a certain height.
[37:06]
And if we were to.
[37:10]
Deny them that permit.
[37:12]
We would trigger an
eminent domain process.
[37:14]
OK so if a Billboard and this
happened in South Salt Lake.
[37:20]
Right if and South Salt
Lake has had a digital sign
[37:24]
prohibition at the time.
[37:28]
So what happened was a Billboard
a Billboard company said,
[37:30]
I'm going to move this
Billboard from this location
[37:32]
to the highway.
[37:34]
And then they came in
later for a service upgrade
[37:37]
to put a digital sign
on that Billboard.
[37:40]
And they did This following
two provisions in state law.
[37:43]
One is in the land use
development management act,
[37:45]
but the other is in the Utah
outdoor advertising act, which
[37:48]
says that, you know,
notwithstanding any city
[37:51]
ordinances, signs
that face highways
[37:53]
can have a changeable
message face
[37:57]
with a minimum of 8 seconds.
[37:59]
So is our GoToMeeting
back on OK.
[38:03]
Commissioner Vance, if you
could hear our GoToMeeting
[38:05]
is back on.
[38:07]
Um, so that is to
say that, you know,
[38:11]
basically Billboard
companies, if they
[38:12]
have a Billboard within a
mile of a highway, right?
[38:15]
And there's the zoning
in most of these cities,
[38:18]
it can move a sign
to that corridor
[38:21]
and then digitize it subject
to state, state rule.
[38:24]
So we don't.
[38:25]
Mill Creek lacks the ability to
create a highway based holding,
[38:30]
receiving zone like Missouri
allowed their cities to do
[38:35]
right through their state law.
[38:36]
So that leaves us with some
other exchange agreement
[38:42]
if the city council
wants to do it.
[38:45]
So when we talk about assessing
the value of a Billboard
[38:48]
in an exchange agreement,
it's important to understand
[38:51]
how condemnation
works for billboards.
[38:53]
And this was a question that
was brought up by Commissioner
[38:55]
Vance in the last meeting.
[38:56]
In the last meeting.
[38:57]
What is the value of a Billboard
in terms of condemnation?
[39:00]
It's expensive and it
depends because very rarely
[39:04]
when you condemn a
billboard, you're not just
[39:06]
condemning a billboard,
you're condemning
[39:07]
all associated rights.
[39:08]
That's in state statute, too.
[39:09]
So if they have a
view shed or a right
[39:12]
of first refusal or
whatever, right on that sign,
[39:15]
you're condemning that.
[39:16]
You're condemning the value of
a lease, whatever's remaining
[39:18]
on that lease, you're condemning
the cost of the business
[39:22]
opportunity of that sign
and its contribution
[39:25]
in a rotary market
area, what they call it.
[39:27]
And so I've seen examples
ranging from 150,000
[39:31]
to more than
approximately $500,000,
[39:34]
depending upon what
precisely is being condemned
[39:36]
and for what purpose.
[39:38]
The other thing is, you know,
we can only condemn when we are
[39:41]
planning a public improvement
like a road or a park
[39:43]
or whatnot or in a case where a
Billboard company says that we
[39:49]
are removing a
Billboard or removing
[39:50]
a Billboard pursuant to
state law, and the city says,
[39:53]
no, right, we can do that.
[39:56]
Right? but we would
have to pay for it.
[39:59]
So our opportunities to remove
billboards through condemnation
[40:03]
are pretty limited.
[40:04]
They're limited to really
when a Billboard moves a sign
[40:07]
and we choose to say no or
we're building something that
[40:10]
is in the way of a Billboard.
[40:13]
So neither Lee's Summit nor
also important to note, right?
[40:19]
Neither Lee's Summit nor
Kansas City used a market
[40:21]
analysis to establish ratio.
[40:23]
Right they looked
for an optimal ratio
[40:25]
that was amenable to both the
city and the sign companies.
[40:28]
Now, we don't know the
value of each sign.
[40:31]
I just don't.
[40:32]
And and there's nothing
I can do to tell you.
[40:34]
And we can make we can make
assumptions, but we don't know.
[40:37]
But we can rely
on visual impact.
[40:39]
We can rely on
height and sign area.
[40:41]
We can rely on the nonconforming
status of billboards
[40:44]
to prioritize the removal first.
[40:46]
That is to say, you know,
if the city council,
[40:49]
if the planning commission
and the city council
[40:51]
ultimately are
amenable to a deal,
[40:53]
we can kind of frame it
in a way that maximizes
[40:57]
the public benefit of this.
[40:58]
And the public benefit not
only includes the opportunity
[41:03]
to promote messages of
the city on this sign,
[41:06]
but also the opportunity
of removing billboards
[41:10]
elsewhere in Mill Creek.
[41:12]
And there is value
in that, right,
[41:14]
whether the trade
is worth it or not
[41:16]
is another question to have.
[41:18]
But you know, there is value
in at least considering it.
[41:24]
The role of the
planning commission
[41:26]
and the city council.
[41:27]
Is this.
[41:27]
So really an allowance for
additional digital district
[41:30]
signs in our code?
[41:32]
Right gives the city council
the option to consider
[41:34]
an exchange agreement.
[41:36]
It creates, in
essence, a receiving
[41:37]
zone for Billboard rights.
[41:40]
Right it's important
to note that the city
[41:42]
council has the
authority to negotiate
[41:45]
an exchange agreement.
[41:46]
It's just like a
development agreement.
[41:48]
We can kind of say we would like
the city council to consider
[41:51]
a development agreement that
includes x or trees here
[41:53]
or whatnot.
[41:54]
But note that the
city council is
[41:56]
the one that actually negotiates
that development agreement.
[41:59]
But we, the planning
commission and staff
[42:01]
should consider
what are the impacts
[42:03]
of additional district signs
in their appropriate locations.
[42:06]
And that question was brought
up by a number of planning
[42:08]
commissioners in the
form of, you know,
[42:10]
does a sign make does a sign
make more sense on 1,300
[42:14]
East than on Highland drive?
[42:16]
Given proximity to given
proximity to residential,
[42:22]
we should also consider
the opportunity
[42:24]
to reduce the number
in square footage
[42:25]
of billboards in Millcreek.
[42:28]
We could consider we could.
[42:29]
We could consider safety.
[42:31]
You know, we could consider
the aesthetic impacts, right?
[42:35]
We can also consider I think
the city council would welcome
[42:39]
hearing from you on what
should an agreement look
[42:44]
like in broad kind
of categories.
[42:47]
Right should we limit it
to nonconforming billboards
[42:50]
or does it make more sense to
remove billboards immediately
[42:52]
adjacent to the city center
to maximize the visual benefit
[42:58]
near the city center?
[42:59]
I don't know.
[42:59]
I don't know the answers
to these questions.
[43:01]
But the point is, there
is precedent to consider
[43:05]
these in the Kansas City area.
[43:06]
And it's and it's worth asking.
[43:08]
So based on the planning
commissioners concerns,
[43:12]
I crafted four possible options.
[43:15]
Right?
[43:16]
option one is to amend
the site ordinance
[43:20]
to allow for up to two
digital district signs.
[43:22]
And that's what was written
here, subject to an exchange
[43:24]
agreement that
removes billboards
[43:26]
in the Mill Creek city center.
[43:27]
So this option could
allow for the council
[43:31]
to consider the
construction of up to two
[43:33]
digital district signs.
[43:34]
They could do one.
[43:35]
They could do none.
[43:37]
One at either end of
chambers avenue, subject
[43:39]
to an exchange agreement.
[43:40]
Billboards to be removed
would be in the city center
[43:42]
and have a model motion here.
[43:46]
Option two would be to allow for
up to two additional district
[43:48]
signs subject to an exchange
agreement that removes
[43:51]
any nonconforming
Billboard in Mill Creek
[43:53]
or a Billboard that is
located near a gateway.
[43:55]
And I suggest some
additional criteria.
[43:59]
So any Billboard
that's taller than 32
[44:01]
in height, any Billboard
that's larger than square feet
[44:04]
and signs on any
two decked Billboard
[44:11]
or any Billboard that is within
500 feet of municipal boundary.
[44:14]
So four of those five things
are actually listed in our code
[44:17]
as types of billboards that
we don't want any more.
[44:19]
Right?
[44:20]
and so, you know, this body
could advise the city council.
[44:24]
Look, you know, it's not
it's not worth it's not worth
[44:28]
the effort to remove a small
short sign when really our goal
[44:33]
ought to be right
to remove the signs
[44:36]
that have the greatest impact.
[44:38]
And one way to do that
and maybe the best
[44:40]
kind of rational
policy basis to do that
[44:42]
is to say, look at the signs
that wouldn't be allowed today
[44:46]
and remove those
and find the signs
[44:49]
that are most in non-compliance
in some way or the other.
[44:51]
What are the tallest signs?
[44:53]
What are the biggest signs?
[44:55]
You pick?
[44:56]
I think that's
entirely reasonable.
[44:58]
That's option two.
[45:01]
Option 3 is essentially an
amalgamation of this option,
[45:04]
but it would only allow for
one additional district sign.
[45:07]
So again, you know, I heard
from planning commissioners that
[45:11]
really like what's
causing some heartburn is
[45:14]
the idea of a digital district
sign on Highland drive.
[45:17]
Well, maybe the
city council would
[45:19]
be well advised to
do one just on 1,300
[45:21]
East and chambers Avenue.
[45:23]
And that could also be
approached with the idea of,
[45:26]
well, do we want to move?
[45:27]
do we want to move just
the most nonconforming
[45:29]
signs in the city for that one?
[45:31]
Or do we want to focus the
sign removal in for signs
[45:35]
in the city center?
[45:37]
And I've got I've got two
model motions for that.
[45:40]
And option four
is, is no changes.
[45:43]
Right if the planning commission
has really strong feelings
[45:48]
that the trade off of a
digital of a digital signage
[45:52]
is just not worth an exchange
agreement at any price.
[45:56]
Right then the city council
should hear that too.
[45:59]
And in that case, you
would be making a motion.
[46:03]
To change table 1861 13 the
draft ordinance to state
[46:08]
that only one digital
district sign is allowed.
[46:10]
And that's that one.
[46:13]
So again, kind of my
last couple slides here,
[46:18]
and this is a repeat from
the last presentation.
[46:20]
But to my knowledge and I've
looked all over the country,
[46:23]
right, this is the
only voluntary exchange
[46:26]
concept where the square footage
of billboards gets reduced.
[46:29]
And I know that this is
a policy of the city.
[46:32]
I the digital signs
have an impact, right?
[46:35]
But I also know that this
digital sign is not nearly as
[46:40]
bad as some of the digital
signs that we've approved
[46:43]
even a few years ago, because
we've controlled better
[46:46]
for brightness, we've
controlled better for, you know,
[46:49]
where that sign, how the images
of that sign is directed.
[46:52]
We limit it to a certain
degree of aspect from the sign.
[46:57]
It is it is better designed in
the sense that it has a base.
[47:03]
It has, you know, materials that
associate it with Mill Creek
[47:08]
common.
[47:09]
It also has controls in the
form of public messaging
[47:13]
that, you know, that allows
us to communicate on the sign.
[47:17]
And that has value, too.
[47:18]
Right now, again, this is
just a preference, right?
[47:23]
I know this is not
everybody's preference, but.
[47:27]
I priced digital
signage differently
[47:29]
than I think some people do.
[47:31]
People younger than me.
[47:32]
Price sometimes digital signage
differently than others do.
[47:36]
But when I see a big
tall billboard, right.
[47:40]
I personally would
prefer a smaller
[47:42]
sign if it were digital.
[47:44]
I understand that some people
may not feel that way, right?
[47:50]
Because I acknowledged that
a set of considerations
[47:52]
also kind of prompt these
divergent and deeply
[47:54]
held attitudes that
we really can't square
[47:56]
right at the end of the day.
[47:58]
You know, I can come up
with four options for you
[48:01]
to consider or to
base your motion
[48:02]
or to base your
recommendation on.
[48:04]
But what I can't
do is, is change
[48:07]
anybody's mind in this room
about aesthetic issues.
[48:10]
Right we like some things.
[48:13]
We dislike some things.
[48:14]
And that's and that's
hard to square.
[48:18]
The other thing is
and I know this issue,
[48:20]
this issue comes up in the
traffic in the traffic safety
[48:25]
memorandum I, I put together.
[48:29]
And it's important to
note what I didn't say
[48:31]
and what I didn't
say was that there
[48:34]
was not an impact
on digital signage,
[48:36]
that digital signage is.
[48:37]
I did not say that digital
signage is not distracting.
[48:40]
What I did simply do was
look at traffic accidents
[48:43]
that happened.
[48:44]
And I looked for a
simple correlation,
[48:47]
you know, in the sense that
you can tell when the pandemic
[48:51]
hit by looking at traffic data.
[48:52]
Right you can make a really easy
kind of assessment about that.
[48:57]
And I couldn't
identify a correlation
[49:00]
between the presence
of a digital Billboard
[49:01]
and an increase in accidents.
[49:03]
Now, admittedly, we have
limited data for this sign.
[49:07]
I did find or I did
get from the traffic
[49:10]
from unified police, an
indication of the traffic
[49:15]
accidents at 2,300 East.
[49:18]
There really isn't
much discussion
[49:20]
on the nature of that
accident, whether it's
[49:22]
caused by distraction or speed
or drunk driving or whatever.
[49:25]
But that number 31 is in line
statistically with the trend
[49:32]
that we've seen for
years on this road.
[49:36]
And so really the
question is, you know,
[49:38]
the fact is we
tolerate all sorts
[49:39]
of distractions when we drive.
[49:41]
Right you know, some people
some people are, you know,
[49:46]
changing dials or some
people are swiping right when
[49:48]
they should be turning left.
[49:50]
Some people are doing
all sorts of things
[49:53]
that cause distraction.
[49:56]
And the real question is, you
know, in the midst of all that.
[50:00]
Right does a digital
Billboard create
[50:03]
an intolerable distraction?
[50:06]
And would we be talking
about distraction
[50:08]
if the city owned and operated
all the time on that sign?
[50:12]
It?
[50:13]
I don't know.
[50:14]
I really don't know.
[50:15]
This question tends not to come
up in the context of smaller,
[50:19]
slightly smaller signs.
[50:20]
It does come up in the
context of this sign.
[50:22]
And I don't know
how much of that
[50:23]
has to do with the nature
of the exchange agreement
[50:26]
the last time or
the sign itself.
[50:28]
I just don't know.
[50:30]
But there are a lot of
these signs out there.
[50:33]
They're on our highways.
[50:34]
And it would stand to reason
that if they were deadly.
[50:41]
Right we would know about it.
[50:42]
We would.
[50:43]
We would see we would
kind of we would.
[50:46]
We would be able to
see that in the data.
[50:48]
I can't I can't distinguish
that from the noise in the data.
[50:53]
So my professional
recommendation
[50:56]
can't speak to political or
financial considerations.
[50:59]
I think that if the city council
pursues this exchange, that it
[51:02]
should pursue an
advantage as advantageous
[51:04]
agreement as possible.
[51:05]
We should ask for the most
billboards as possible.
[51:09]
Ownership and control matters.
[51:11]
And that's why I like
Mill Creek's kind
[51:12]
of approach to this
better than Kansas City's.
[51:15]
So in exchange, where a
sign company maintains
[51:17]
private ownership of the
resulting digital sign,
[51:19]
I think which should be
much higher than 3.1.
[51:21]
I mean, it's interesting to
think that that's where, you
[51:25]
know, that's roughly where
Lee's city and Kansas City
[51:27]
landed on signs that
are permanently vested.
[51:31]
And again, there's no
real perfect solution
[51:33]
to reducing the number
of square footage
[51:35]
of billboards in Mill Creek.
[51:37]
But based on my negotiating
with Billboard companies,
[51:41]
working with them,
working against them
[51:43]
in some cases over 2 decades.
[51:45]
Right I think my recommendation
is when we have an opportunity
[51:48]
to be proactive with
Billboard companies,
[51:50]
we should at least try.
[51:51]
Right and this is a method to
actually permanently remove
[51:56]
billboards which are among the
most difficult vested land use
[51:59]
rights that we have in the
state next to railroads,
[52:02]
mines and water to manage and.
[52:08]
You know, some sort of
exchange of owned billboards
[52:10]
to lease time on
a city owned sign
[52:11]
is the most effective
method I can think
[52:13]
of to achieving a policy goal.
[52:15]
So just to recap our Community
Council recommendations.
[52:22]
You know where they are.
[52:23]
I'll just read you the Mount
Olympus community councils.
[52:25]
That's that's the
additional one.
[52:27]
They met in March and they
made a unanimous recommendation
[52:30]
to deny among the
members of attendance.
[52:33]
The motion was based on
concerns about traffic safety
[52:36]
and the aesthetics
of digital signs.
[52:38]
And the verbatim summary
of the recommendation
[52:41]
is included in the
staff report, which is
[52:44]
available on the Creek website.
[52:46]
That's that's my
presentation tonight.
[52:48]
I don't know if you
have any questions.
[52:50]
There are a number of people
in the audience that may
[52:51]
want to speak to this as well.
[52:53]
Of course I welcome that.
[52:54]
That's at your
discretion as a chair,
[52:56]
but let me know if you
have any questions.
[52:59]
Thank you, Francis.
[53:00]
Questions right now for
Francis on the digital signs.
[53:06]
I just have this is just more
of my curiosity to understand
[53:11]
the whole sign business.
[53:14]
To what extent may
a property owner
[53:16]
raise a Billboard rental
rate when the lease expires?
[53:20]
Can they potentially just
raise it to an absurd amount?
[53:24]
And that would be a way
to get rid of a Billboard.
[53:29]
I don't know.
[53:31]
I've only seen I've only
seen one Billboard lease.
[53:33]
And it's pretty difficult to do.
[53:38]
I think it can be done and
I think it has been done.
[53:40]
And that's probably
why the state
[53:43]
why there's that provision.
[53:44]
That's one of the
reasons why there's
[53:45]
that provision in
state law that allows
[53:47]
these billboards to move.
[53:50]
But I mean, I could tell you
the Billboard list that I
[53:52]
have seen is pretty punishing.
[53:56]
It's difficult to get out of.
[53:59]
Yeah, I mean, because we keep
wondering, like our billboards
[54:02]
really going to always
be the way to advertise.
[54:05]
But I mean, that's not a
decision for us to make.
[54:08]
But I'm just saying,
I mean, I saw one
[54:11]
the other day that's, you know,
advertising to advertise there,
[54:15]
right?
[54:16]
Yeah OK.
[54:22]
The other question I
think I can't remember,
[54:24]
I didn't write it down.
[54:25]
I think it was the Kansas City.
[54:27]
One of them required that
the billboards, the digital
[54:30]
billboards be within two
could not be within 250 feet
[54:34]
of a residential correct zone.
[54:37]
That would not be
true for the ones
[54:38]
that we are proposing
for the comments.
[54:43]
Correct so this sign, if one
were to go on Highland drive,
[54:47]
it would be 300 and
something feet to the nearest
[54:50]
residence, which is that duplex
that's being built on woodland.
[54:53]
OK then how about on the
other side, on highland?
[54:58]
Not close.
[54:59]
I mean, this isn't a
mixed use zone, right?
[55:03]
So, I mean, there
will be residences.
[55:08]
Right right.
[55:08]
All all around us.
[55:10]
But but it's mixed use.
[55:12]
It's not but it's mixed use
and it's not residential.
[55:17]
Other questions for Francis.
[55:21]
Yeah, I have a general
question on this.
[55:25]
So I understand that the
city is the applicant here.
[55:28]
What's initiating the change?
[55:30]
Like what's the
motivation behind it?
[55:32]
Is it income for the city?
[55:33]
Is it the idea to reduce
to try to reduce billboards
[55:37]
within the city limits?
[55:39]
And this is a method
in order to do that.
[55:41]
And I'm just curious on
why this is coming to.
[55:45]
Yeah so this is
initiated by the city.
[55:49]
And it's initiated
for two reasons.
[55:51]
I have I have a city manager
and a marketing department
[55:55]
and a community
life team that has
[55:57]
worked very hard on promoting
events on Creek common.
[56:01]
And they see and
they hear the value.
[56:07]
From people who live
nearby in understanding
[56:12]
what's happening on
Mill Creek common.
[56:14]
In other words, they like it
as an effective communications
[56:16]
tool and they consider it an
effective communications tool.
[56:19]
The city does not make any
revenue off of this sign.
[56:22]
But what we do get I mean, in
fact, in fact, the Billboard
[56:25]
company, the
billboard, the Reagan,
[56:27]
which participated in
this digital district
[56:30]
sign, paid for it.
[56:31]
All right.
[56:32]
We pay for the
electricity, but that's it.
[56:35]
They pay to they pay
to erect the sign.
[56:37]
They pay to manage
it on our behalf.
[56:39]
We control the messaging on
40% of the time on the sign.
[56:42]
That's what the
city gets, right?
[56:44]
We don't get any residual
from the advertising revenue
[56:48]
that Reagan puts on the sign.
[56:49]
We do we do have a 10% discount
for Creek owned businesses.
[56:55]
And that's why you do
see some local businesses
[56:58]
advertising on the sign.
[57:00]
And we hear from Creek
owned businesses that they
[57:08]
like having that opportunity.
[57:11]
So those are the city's reasons.
[57:15]
Now, from my perspective
as a planner,
[57:17]
like I don't necessarily care
about the marketing, right?
[57:20]
As a planner, I'm more
interested in that's
[57:25]
1 hat that I wear, right?
[57:27]
I'm more interested
in its impact visually
[57:30]
and aesthetically.
[57:31]
And and so that's why I've
always recommended that.
[57:36]
And I've always thought
that a sign like this
[57:38]
doesn't make sense absent some
sort of exchange agreement.
[57:41]
Right? because if we just put
a sign up that's that big,
[57:44]
I think we're just adding
to the visual clutter,
[57:45]
not taking it away.
[57:48]
However, if we can come up with
some sort of exchange agreement
[57:51]
whereby a sign company agrees
to take down signs that we find
[57:55]
annoying, then
maybe that sign has
[57:58]
a little bit more value to me.
[58:03]
Does that answer your question?
[58:04]
It does.
[58:05]
Yeah I appreciate that.
[58:06]
And I. Yeah I think I'll
for our discussion point,
[58:12]
I'll have some
follow UPS to that.
[58:13]
But that at least just
the data on why that is.
[58:16]
That's that's great.
[58:17]
Thank you.
[58:21]
I just have a clarification
question as well.
[58:24]
Francis so we as you know,
because you've sent them to us,
[58:30]
received.
[58:31]
You know, stuff from
the community and stuff
[58:33]
from the sign companies.
[58:35]
And in some I don't know
how much time you've
[58:37]
had to look at them because you
know, some we got like today
[58:42]
but have you looked at there
are some comments in these that
[58:48]
say this is against
your code and are we
[58:52]
matching those up in our code?
[58:56]
Like if it is going to be
are we overriding your code
[59:01]
or do we have to look
at these few comments
[59:05]
and make sure we're meeting you?
[59:07]
I didn't I didn't
receive that comment.
[59:09]
I mean, what I can say
is if you go to the state
[59:13]
statute on Billboard relocation
and and city's relationship
[59:18]
with billboards, it it does.
[59:22]
It does speak to the ways in
which a city and a sign company
[59:26]
can remove a Billboard.
[59:29]
One of them is an
exchange agreement,
[59:32]
and that's way up
at the top right?
[59:34]
Deed gift exchange,
condemnation.
[59:38]
And that exchange agreement.
[59:40]
We've done one
already seems to be
[59:43]
a plenary power of
the city council
[59:47]
to consider within the
context of the zone.
[59:50]
Right and that's why we're
proposing a zone change
[59:54]
to create this kind
of receiving area
[59:57]
for some of those sign rights.
[1:00:01]
33rd South is a road, right?
[1:00:05]
But it is not a highway.
[1:00:06]
It is not a grade
separated interchange.
[1:00:10]
And so those provisions of the
Utah outdoor advertising act
[1:00:13]
that apply to grade
separated highways
[1:00:17]
don't apply to 33rd South.
[1:00:21]
It's regulated as though
it were a city street
[1:00:23]
as far as UDOT is concerned.
[1:00:28]
Thanks, Diane.
[1:00:29]
Hey, Dwayne.
[1:00:30]
Do you have any questions
for Francis at this point?
[1:00:33]
OK all right.
[1:00:36]
We see you saying
shaking your head no.
[1:00:40]
And you can hear us OK.
[1:00:43]
Dwayne, can you hear us?
[1:00:48]
OK all right.
[1:00:50]
Thank you.
[1:00:53]
Well, Thank you, Francis, for
covering the DEIB Community
[1:00:56]
Council recommendation,
because there
[1:00:59]
are some changes
to the ordinance
[1:01:01]
when we reviewed it last month.
[1:01:04]
I would like to hear
additional comments from.
[1:01:06]
The public so we can gather
all the information we need.
[1:01:09]
And then we can
have our discussion.
[1:01:11]
So those of you
that are here, I'll
[1:01:14]
ask you to come up in
no particular order.
[1:01:17]
Give us your name and if
you'd like your address
[1:01:19]
and your comments about three
minutes is amount of time
[1:01:22]
because I do have
quite a few to read.
[1:01:23]
And then we can intersperse
and I'll read some, hopefully.
[1:01:27]
Victoria you can read
some so people don't
[1:01:28]
have to hear from me too long.
[1:01:30]
But go.
[1:01:31]
Go ahead.
[1:01:32]
Thank you.
[1:01:32]
I'm Angel vice 3610,
Carolyn street and.
[1:01:38]
I'm not going to repeat
what I said last time
[1:01:39]
because you heard that.
[1:01:40]
So there's a couple other
things that came up.
[1:01:43]
One, I would assert that
billboards are a dying breed.
[1:01:46]
You do see this Billboard
available signs all the time.
[1:01:50]
And by converting them
to digital billboards,
[1:01:55]
we are giving Billboard
companies a lifeline.
[1:01:58]
We are helping them to make
it into the next century.
[1:02:01]
I hope we don't do that.
[1:02:04]
Francis said that it is a
benefit to the city center
[1:02:07]
to have digital billboards.
[1:02:09]
I disagree, and I think that's
an assumption, not a fact.
[1:02:15]
And when he talks about
helping venture out,
[1:02:19]
venture out doesn't
make money for the city,
[1:02:21]
it costs money for the city.
[1:02:22]
So really, is that something
we should sacrifice
[1:02:26]
our aesthetics for
to help that people
[1:02:28]
want to come ice skate great.
[1:02:30]
If they don't hear about it,
it's not the end of the world.
[1:02:32]
We're not making money
off of that exchange.
[1:02:36]
There is a fifth option.
[1:02:38]
I would assert that wasn't
in the five options of what
[1:02:41]
you could propose tonight.
[1:02:42]
The fifth option would
be you've already
[1:02:44]
polluted my neighborhood here.
[1:02:46]
How about Olympus cove?
[1:02:49]
Get the next digital one.
[1:02:50]
If we have to exchange static
billboards for a digital,
[1:02:54]
why not up by Dan's
or up by smith's?
[1:02:58]
Spread the love.
[1:03:01]
And then finally,
I would remind you
[1:03:05]
that in 2021 and now members
of the community have come out,
[1:03:10]
have emailed, have texted
not as many tonight
[1:03:13]
as there were three years ago.
[1:03:15]
A lot of people are
burned out, but people
[1:03:17]
have made it known
aesthetically,
[1:03:19]
it's not what we want.
[1:03:20]
I would rather stay
with the status quo,
[1:03:23]
and I've heard that
over and over again.
[1:03:25]
So I hope that y'all would
consider aesthetics is,
[1:03:31]
like Francis said,
an important thing.
[1:03:33]
And the community keeps saying
it's not the aesthetic we want.
[1:03:37]
Thank you.
[1:03:37]
Thank you.
[1:03:43]
My name is Marv Paulsen.
[1:03:45]
I live at 3631 South Caroline.
[1:03:48]
And three years ago.
[1:03:51]
No, I'm not complaining
at you guys.
[1:03:54]
OK this goes back to
what I thought was a.
[1:04:00]
Binding compromise
three years ago,
[1:04:03]
and I feel personally betrayed
now that is brought back up
[1:04:08]
and I feel that the
community is being betrayed
[1:04:10]
by bringing this back up.
[1:04:13]
And I guess I could say that
option 4 was the choice.
[1:04:19]
But I have to emphasize my
feeling of major betrayal
[1:04:25]
by the council.
[1:04:28]
And I hope you'll carry
that message to them.
[1:04:32]
Uh, just to comment
on this little thing
[1:04:33]
that was put out
here on 33rd south,
[1:04:36]
this electronic Billboard.
[1:04:38]
I don't know who's running that
thing, but in a previous life.
[1:04:41]
I was in advertising
and who's ever doing
[1:04:44]
the graphics on that thing.
[1:04:47]
I got to tell you, it's.
[1:04:49]
It's uncommunicative.
[1:04:52]
Thanks, guys.
[1:04:54]
Thank you, Mr Paulsen.
[1:05:05]
Congratulations on
your re-election.
[1:05:07]
I can tell you're thrilled.
[1:05:09]
Thank you.
[1:05:11]
Yes so just before I comment,
because I've got it in writing,
[1:05:15]
can I just submit for
the record what I've
[1:05:19]
got here after I've read it?
[1:05:20]
Is that OK or is that
against the rules or.
[1:05:23]
No save somebody the
summarizing effort.
[1:05:25]
You could do that.
[1:05:26]
I think I have it here if
it's the one you emailed.
[1:05:29]
No, I haven't emailed anything.
[1:05:31]
So this is just.
[1:05:32]
You can give it to us.
[1:05:33]
You can shoot me an
email and I'll make sure
[1:05:35]
that it gets into the record
or just I'm willing to just
[1:05:37]
hand it over to.
[1:05:38]
That works too.
[1:05:39]
OK, perfect.
[1:05:40]
All right.
[1:05:42]
So why isn't the one sign
we have already enough?
[1:05:47]
In the staff report submitted
for this meeting in the section
[1:05:50]
titled options for an
exchange agreement.
[1:05:53]
Is this opening phrase after
hearing from city staff
[1:05:56]
and community partners about the
effectiveness of city messaging
[1:06:00]
on the Mill Creek common
digital district sign,
[1:06:03]
I want to repeat that the
effectiveness of the Mill Creek
[1:06:08]
common digital district sign,
as in singular, as in one
[1:06:12]
Billboard.
[1:06:14]
So staff and others are saying
the one Billboard already
[1:06:17]
installed managed to
draw in enough people
[1:06:19]
to make all the Mill Creek
common events for the last two
[1:06:22]
years super successful.
[1:06:25]
One is clearly enough.
[1:06:27]
We don't need two more to do
the job when one can do it.
[1:06:31]
Signage saturation
in the current
[1:06:35]
sign code 19.80
2.1 85 called off
[1:06:39]
premises signs and billboards.
[1:06:41]
Section h describes a
minimum 500 lineal feet
[1:06:45]
separation requirement
for billboards
[1:06:47]
on the same side of the street.
[1:06:49]
The trace ombres Billboard
is only 314ft away
[1:06:53]
from and on the same
side as the proposed
[1:06:56]
location on Highland drive.
[1:06:58]
That violates the
separation requirement.
[1:07:01]
That spot is also only 69ft
from a self storage ground
[1:07:05]
sign directly across the street.
[1:07:08]
That violates the minimum 100
foot separation requirement
[1:07:11]
between a Billboard and a ground
sign as described in section I.
[1:07:15]
So why can this proposal go
forward without conforming
[1:07:18]
to those requirements?
[1:07:20]
It's because it's being
called a digital district
[1:07:22]
sign rather than a Billboard.
[1:07:24]
So poof.
[1:07:26]
Separation requirement
doesn't apply anymore.
[1:07:29]
My guess is that we have
these separation requirements
[1:07:31]
because we don't want to
saturate an area with too
[1:07:33]
much Billboard signage.
[1:07:35]
Three digital billboards
all on a single city block
[1:07:38]
is ridiculous, in my opinion.
[1:07:40]
And exactly the
density the Billboard
[1:07:42]
code is designed to prevent.
[1:07:43]
Except when we
weirdly pretend that
[1:07:45]
it doesn't apply because we're
not calling it a Billboard.
[1:07:48]
Calling them district signs
rather than billboards
[1:07:50]
is a distinction, in
my opinion, without
[1:07:52]
a functional difference.
[1:07:54]
So what will you be
doing in 40 years?
[1:07:57]
Some people are claiming that
the Billboard exchange is
[1:08:00]
a good deal because the digital
billboards will be temporary
[1:08:03]
as then they would
tolerate the visual blight
[1:08:05]
because the digital billboards
would come down after 40 years.
[1:08:09]
That's misleading, and
it's not based in fact.
[1:08:12]
40 years isn't temporary.
[1:08:14]
It's the rest of my life.
[1:08:16]
God willing, I'll
maybe be dead by then.
[1:08:19]
So it's know, if
you think about it,
[1:08:21]
if you have a five-year-old
kid or a grandkid,
[1:08:23]
they'll be married and
they'll have their own college
[1:08:25]
age kids in 40 years.
[1:08:28]
So it's not a temporary thing.
[1:08:31]
And secondly, I've never heard
staff or the city council
[1:08:34]
ever make a serious
statement or commitment
[1:08:36]
that the digital
Billboard would be
[1:08:37]
entirely removed while the
board and the framework.
[1:08:41]
At the end of the lease.
[1:08:42]
So any consideration
should presume
[1:08:45]
that these digital billboards
will be a permanently
[1:08:47]
installed Visual blight.
[1:08:49]
So lastly, I don't
want to ever complain.
[1:08:51]
I want to bring a solution as
well what my thoughts were.
[1:08:54]
So what would Kathy do?
[1:08:56]
Obviously, I don't want any
more digital billboards,
[1:08:58]
but if I were forced to
make a decision right now,
[1:09:01]
if you were nailing
my foot to the floor,
[1:09:03]
I would pick option three.
[1:09:05]
Just one digital
Billboard down on 13th.
[1:09:08]
Opposite harmons
and would expand
[1:09:10]
the exchange options to include
nonconforming billboards.
[1:09:13]
That aren't necessarily
next to the city center.
[1:09:16]
I'd be very aggressive
about getting a better
[1:09:18]
exchange ratio, whether that's.
[1:09:21]
Square footage or
the entire Billboard
[1:09:23]
face like was mentioned in
one of the other cities.
[1:09:26]
I would make sure that the
updated language is very clear.
[1:09:29]
No more digital
billboards in the city
[1:09:31]
center so that we don't have
to go through this again.
[1:09:34]
Thank you.
[1:09:35]
Thank you.
[1:09:36]
Didn't catch your name.
[1:09:38]
Thank you.
[1:09:44]
Greetings My name is Jeff young.
[1:09:46]
2401 South Foothill today
happens to be our sign
[1:09:52]
company's 104th birthday.
[1:09:53]
Can you believe that?
[1:09:55]
104 years.
[1:09:56]
So my grandfather emigrated
from England in 1910,
[1:09:59]
started the company
in Ogden, Utah.
[1:10:01]
Thank you for the
partnership we've
[1:10:02]
enjoyed with Creek for
more than a century
[1:10:06]
and the Bill of
theater adebise is
[1:10:10]
one of our projects among many.
[1:10:12]
I want to address a couple
of things on premise code.
[1:10:15]
First, we don't get many
requests for TVs in Windows.
[1:10:18]
The glare, they're
not bright enough
[1:10:20]
and the glare is horrible.
[1:10:21]
So if you're setting a TV
back three feet inside,
[1:10:24]
you might be able to see
a little bit at night.
[1:10:26]
You can't see it during the day
and it's not really practical.
[1:10:29]
So I would perhaps
suggest you remove that
[1:10:31]
from your list of anxieties.
[1:10:34]
We just don't see that
working very well.
[1:10:36]
We love pole covers.
[1:10:38]
Great move.
[1:10:39]
A lot of cities that we work
with include this in their code
[1:10:42]
and it makes a big
difference as far as sign
[1:10:45]
companies are concerned.
[1:10:46]
When you ask for pole covers,
we know exactly what you mean.
[1:10:49]
If you're asking if
you want to specify
[1:10:51]
masonry or some other element,
we're happy to do that too.
[1:10:54]
And it makes a big difference.
[1:10:57]
We're actually fine
with the square footage.
[1:10:59]
We appreciate you being so
thoughtful and considerate
[1:11:02]
of these businesses who are
advertising what they do.
[1:11:06]
I want to address the light
temperature that Kelvin, Thanks
[1:11:10]
for the adjustment to 4,000.
[1:11:11]
There's a reason why these
lights are 6,500 Kelvin.
[1:11:15]
It's because you can see
the blue on the flag.
[1:11:17]
You can see the Mill Creek
logo, you can see your sweater.
[1:11:20]
When you go to 4000, you wash
everything from yellow to blue
[1:11:24]
goes away.
[1:11:25]
It turns autopsy gray.
[1:11:27]
It's horrible.
[1:11:28]
And so in terms of
color rendition,
[1:11:30]
the Kelvin temperature is not
something we recommend at all.
[1:11:34]
I'm not sure where
that came from.
[1:11:35]
We're big advocates of
brightness and hundreds
[1:11:39]
nits is I'm sorry to
say, it's a little crazy
[1:11:44]
because on page 10 on e,
it says illuminance level.
[1:11:47]
I know you don't have that read.
[1:11:48]
So it is draft.
[1:11:49]
I don't know if
that's new or old,
[1:11:51]
but the following
page on page 11,
[1:11:53]
you have 0.2 candles
above ambient lighting.
[1:11:57]
That is what hundreds
and hundreds of cities
[1:12:00]
have adopted successfully.
[1:12:01]
And just 0.2 candles
above ambient light
[1:12:05]
is hardly brighter than
what you see around it.
[1:12:09]
And those light levels are
very, very conservative.
[1:12:14]
To give you a sense,
going back to 100
[1:12:15]
and it's not many
people have a nit gun.
[1:12:18]
We own one.
[1:12:19]
We never use it.
[1:12:20]
It sits in a cabinet.
[1:12:21]
I don't know if you've got one.
[1:12:22]
Francis, do you have a net gun?
[1:12:24]
No, but I have a consultant.
[1:12:25]
Yeah OK.
[1:12:26]
Well, someone's
got one somewhere.
[1:12:27]
That's the problem.
[1:12:28]
The photo meter that
you use is really cheap.
[1:12:31]
And it's easy to use.
[1:12:32]
I pointed my nit gun
at my lights on my car,
[1:12:35]
and it hit 10,000 and
then it went off to error.
[1:12:39]
Then I turned at high beams.
[1:12:40]
And I couldn't even
get it to register.
[1:12:41]
To give you a sense how
bright headlights are on cars,
[1:12:45]
it's the NIT gun
doesn't even work.
[1:12:49]
So 100 nits is
hardly bright at all.
[1:12:53]
And I recommend that
the city consider
[1:12:56]
just deleting E and keeping
f the 0.2 foot candles.
[1:13:00]
So I'd mention that for
you to consider in terms
[1:13:04]
of electronics on pole signs,
let me just mention there's
[1:13:07]
a series we're advocates of
having electronics on poles
[1:13:10]
for a series of reasons.
[1:13:12]
First off, customers
want the visibility
[1:13:13]
of their advertising.
[1:13:14]
We understand that.
[1:13:16]
When the sign goes
on the ground.
[1:13:18]
Vandalism sprinklers.
[1:13:20]
Radiant heat from the ground.
[1:13:22]
Snow from snow plows.
[1:13:25]
It's the signs.
[1:13:27]
Ends up looking horrible
in a short amount of time.
[1:13:30]
They're very hard to
maintain and it just
[1:13:33]
puts all sorts of complications
in the way of us keeping
[1:13:36]
the signs, looking well and
looking good over a long period
[1:13:40]
of time.
[1:13:40]
So you might guess
that I would say
[1:13:44]
that we would love
to continue to put
[1:13:46]
electronics on pole signs.
[1:13:49]
If I may switch over to the
off premise side for a minute.
[1:13:53]
And Nathan is here.
[1:13:54]
Nathan is my nephew.
[1:13:55]
He's fourth generation
with the company.
[1:13:57]
I'm third.
[1:13:58]
Mr young, will you be able to
summarize in about a minute?
[1:14:00]
We're coming.
[1:14:01]
I know I've taken way too much
time and I'll stop on page 16.
[1:14:05]
You have one change to
the copy face in a 24 hour
[1:14:09]
period on digital billboards.
[1:14:12]
If I'm reading that correctly.
[1:14:14]
Is that what you intend to do?
[1:14:15]
Francis that's the existing.
[1:14:17]
So it is existing.
[1:14:18]
That's in the
existing requirement.
[1:14:20]
We're not making any changes to
the off premise or off premise
[1:14:25]
section because we have to
notice that separately would
[1:14:27]
have received a separate
notice if we were
[1:14:29]
making any substantive changes.
[1:14:30]
Yeah, I have not
seen 24 hour holds
[1:14:32]
in all the meetings I've gone
to in the decades and decades.
[1:14:36]
So I wave a little red flag
on K on the 24 hour period,
[1:14:40]
Virginia Tech
transportation established
[1:14:42]
the safety threshold
on distraction
[1:14:45]
and drivers texting
is 4.6 seconds.
[1:14:49]
Looking away from the road,
Virginia Tech says two seconds
[1:14:52]
is the safety threshold.
[1:14:53]
The federal study
commissioned to investigate.
[1:14:57]
I glances at signs
say number one,
[1:14:59]
eye glances at digital signs
happened twice as often.
[1:15:02]
People look at electronic
signs twice as often
[1:15:05]
and they glance no
more than 1.3 seconds.
[1:15:08]
Most of them were
less than 1 second.
[1:15:10]
So, yes, your
attention is drawn.
[1:15:11]
I know.
[1:15:12]
I'm done.
[1:15:13]
Yeah, we let me have
if you want to have
[1:15:15]
Nathan carry on from the
comments and I'll finish up.
[1:15:18]
Signs are not.
[1:15:20]
Unsafe signs are.
[1:15:22]
They're not causing
traffic accidents.
[1:15:24]
Thank you.
[1:15:34]
Yeah good evening.
[1:15:35]
Thanks for the
opportunity, Francis.
[1:15:37]
Very well done.
[1:15:38]
Really appreciate
the energy, effort
[1:15:39]
you put into all of this.
[1:15:41]
First and foremost, I would
just say engage us, please,
[1:15:45]
as a member of the community,
I'm the demographic
[1:15:47]
that you want in your city.
[1:15:49]
Engage us.
[1:15:50]
We know billboards.
[1:15:51]
So please, as you go
through these renditions,
[1:15:54]
reach out to us.
[1:15:55]
Reach out to Reagan.
[1:15:57]
We're here.
[1:15:58]
We're here to help.
[1:15:59]
I drafted a letter today with
11 points talking predominantly
[1:16:03]
about the sign code on the
off premise side, the touch
[1:16:09]
on four of them quickly.
[1:16:11]
The first one is related
to the exchange program.
[1:16:13]
I look at your economics on that
and understand which companies
[1:16:17]
have the most to do any
exchanges in your city
[1:16:20]
because that's going to create
a monopoly pretty quickly.
[1:16:24]
And from the
industry's perspective,
[1:16:26]
that's not favorable.
[1:16:28]
We want healthy
competition because it then
[1:16:32]
starts changing
rates and prices,
[1:16:33]
which then business
owners, communities
[1:16:36]
start to feel the impact of it.
[1:16:38]
So that's something to consider.
[1:16:40]
Jeff mentioned the other
one on the sign change.
[1:16:42]
I've never seen that before.
[1:16:45]
I'm new to that one, so.
[1:16:48]
Our we run eight slots and they
change every eight seconds.
[1:16:52]
That's industry standard for us.
[1:16:55]
The next one is
there was a provision
[1:16:57]
in there that was related to.
[1:17:02]
On 0 2 about providing
a demo permit in order
[1:17:05]
to get a new permit, and we had
to provide our lease agreement.
[1:17:09]
No, please, please, please, no.
[1:17:12]
Because as soon as we
hand over our lease
[1:17:13]
agreement to the
city, it becomes
[1:17:15]
potentially public document.
[1:17:17]
And that's our
proprietary information.
[1:17:19]
And we're healthy
competitors in this space.
[1:17:22]
And by doing that, it's
harmful to our business.
[1:17:25]
Other cities and municipalities.
[1:17:27]
Udot does it great.
[1:17:28]
There's a form that we fill
out with the landowner.
[1:17:30]
It gets notarized, says, hey,
this is a real deal lease.
[1:17:34]
And then the next
was the lighting.
[1:17:38]
There was a request in
there for the lighting to be
[1:17:39]
downward instead of upward.
[1:17:41]
I think we need to
talk about technology
[1:17:43]
and what LEDs have
done to the industry,
[1:17:45]
both from the sign perspective
and the Billboard side.
[1:17:48]
So in summary, I would love
to sit down and have more
[1:17:52]
conversation to help
answer any questions
[1:17:54]
you would have from billboards.
[1:17:56]
Valuations we are
a unified industry
[1:18:00]
and we love what we do because
it promotes small business
[1:18:04]
and that's at the core of what
makes communities like Creek
[1:18:07]
great.
[1:18:08]
And so Thank you for your time.
[1:18:10]
If you have
questions, you should
[1:18:11]
have my information there.
[1:18:12]
Look forward to
working with you.
[1:18:14]
I didn't catch your name.
[1:18:16]
My name is Nathan young.
[1:18:18]
Thank you.
[1:18:18]
Thank you.
[1:18:19]
Thank you, Mr young.
[1:18:23]
Let's take a little
break and I've
[1:18:25]
got some comments to
read here that have
[1:18:28]
come through on email.
[1:18:31]
Some of these are lengthy.
[1:18:33]
And I do want to have
the comments comply
[1:18:36]
with our rough three minutes.
[1:18:38]
So I'm condensing.
[1:18:41]
Some of what the comments are.
[1:18:43]
But at least you
I think you have
[1:18:45]
the same emails that I have.
[1:18:48]
So you'll have the full
comment for the record.
[1:18:52]
I just finished the
proposals at 23 016.
[1:18:55]
I have to say, and this is also
from Jake Hathaway in the Mount
[1:18:58]
Airy neighborhood,
I have to say I'm
[1:19:00]
disappointed that we
will still that we are
[1:19:02]
still discussing this topic.
[1:19:03]
Let me start with
this calling them
[1:19:05]
district Stines is disgraceful.
[1:19:07]
Changing the words we use
for electronic or electric
[1:19:10]
seems like a deliberate
way to deceive the public.
[1:19:13]
Let's be honest with the
citizens of Mill Creek.
[1:19:15]
These are digital billboards.
[1:19:17]
Well, you've proposed
some innocuous changes
[1:19:19]
to the sign ordinance.
[1:19:20]
It is clear that the primary
objective of these changes
[1:19:22]
is to allow more digital signs.
[1:19:24]
I don't know why we
must keep telling you
[1:19:26]
that the citizens
of Mill Creek don't
[1:19:28]
want additional billboards.
[1:19:30]
We don't want the first one.
[1:19:31]
We certainly don't want more.
[1:19:32]
The planning commission should
be helping solve real problems.
[1:19:35]
The city has not trying to
facilitate a wealthy sign
[1:19:37]
company to have more rights
against the expressed desires
[1:19:40]
of its citizens.
[1:19:41]
The planning commission
has outlined four options.
[1:19:44]
Not surprisingly, three of
them increase the number
[1:19:46]
of digital signs in the city.
[1:19:48]
Those are wrong choices.
[1:19:49]
The citizens of Creek
have spoken up about this.
[1:19:52]
There's got to be other options.
[1:19:54]
I would rather live
in, with what we have
[1:19:57]
than add more digital signs.
[1:19:58]
I'm guessing the city
council and others
[1:20:00]
are getting a lot of pressure
from the sign company on this.
[1:20:03]
My suggestion is rather
than change our code
[1:20:05]
to help the sign company, we
change our codes to protect
[1:20:09]
the citizens of the city.
[1:20:10]
After all, this is
our city, not theirs.
[1:20:13]
They already have a
history of legal action
[1:20:15]
against cities and towns.
[1:20:16]
We should protect our city
from that in our own codes
[1:20:21]
and ordinances and restrict
digital billboards to just
[1:20:24]
the one we already have.
[1:20:31]
These comments are
from Tom Stevens.
[1:20:36]
The city's plan for two
more digital billboards
[1:20:39]
in the city center is troubling
for a number of reasons.
[1:20:42]
One, the city continues to
advance a false equivalency
[1:20:45]
narrative that digital
and static billboards are
[1:20:49]
more similar than they
are different in terms
[1:20:51]
of safety, risk, blight
and economic value
[1:20:54]
to Billboard owners.
[1:20:55]
In fact, each
digital Billboard has
[1:20:57]
a safety risk, as evidenced
by credible studies
[1:21:00]
far more lucrative.
[1:21:01]
Two Billboard the
Billboard owner,
[1:21:03]
as evidenced by the Billboard
industry's own claims
[1:21:05]
and represent far more blight.
[1:21:08]
And due to their design,
color, images, brightness
[1:21:10]
and pulsating screen
changes changes every 8
[1:21:13]
seconds to the city appears.
[1:21:15]
I'm willing to
accept the evidence
[1:21:16]
that digital
billboards represent
[1:21:18]
an unacceptable safety hazard,
as evidenced by its continuing
[1:21:22]
effort to gain a
positive recommendation
[1:21:24]
for its digital Billboard plan.
[1:21:26]
This action exposures the city
to future litigation arising
[1:21:31]
from accidents in the
immediate vicinity
[1:21:33]
of its digital billboards.
[1:21:35]
Three, the city asserts that
exchanging static billboards
[1:21:39]
for digital billboards
will reduce the number
[1:21:41]
of billboards in Mill Creek.
[1:21:43]
This is correct, but
only on the margin
[1:21:45]
and at the and at
a very high price.
[1:21:48]
The city is proposing that
for each digital Billboard
[1:21:50]
face installed, three
static Billboard
[1:21:52]
faces will be removed.
[1:21:53]
For the sake of discussion,
let's say each of the existing
[1:21:56]
51 billboards in Mill Creek
represent 600ft of sign face
[1:22:00]
double sided, which
adds up to 30,600in
[1:22:04]
aggregate square footage for the
entire inventory of billboards.
[1:22:07]
Getting rid of three
static billboards,
[1:22:09]
1,800 square feet, adding
one digital billboard,
[1:22:13]
600ft for a net reduction
of 1,200 square feet being
[1:22:16]
on average, two
of the existing 51
[1:22:19]
static billboards,
a 4% reduction
[1:22:21]
in the current aggregate
of 30,600 square foot.
[1:22:26]
As at the proposed
sign phase trade ratio,
[1:22:30]
Creek will end up with 25
digital Billboard faces, which,
[1:22:34]
as bad as that is, is
an unlikely outcome
[1:22:36]
as the Billboard
owners will probably
[1:22:38]
be interested in
trading out a minority
[1:22:41]
of their static billboards,
keeping the balance
[1:22:42]
and leaving Creek worse off.
[1:22:45]
For the reasons above
and the others, and that
[1:22:47]
others will express a negative.
[1:22:49]
Recommendation to
the city council
[1:22:51]
is the best course of action.
[1:23:03]
And this is from Janine Terrill.
[1:23:06]
Oh, no.
[1:23:06]
This is from Dr. Jan Schwartz.
[1:23:08]
I'll do that one first.
[1:23:12]
I am a 30 plus year resident
of the Salt Lake valley,
[1:23:14]
and like many of
you, I have lived
[1:23:16]
in various parts of the
Valley throughout those years.
[1:23:18]
A typical week I spend
time in South salt lake,
[1:23:21]
Murray millcreek, Murray Murray
again, guess Riverton and West
[1:23:24]
Jordan as I go about accessing
doctor's appointments,
[1:23:27]
my home, my office,
shopping and more.
[1:23:29]
In fact, I drive-through
Creek to get
[1:23:31]
from home to work each day.
[1:23:32]
I'm strongly opposed
to the addition
[1:23:34]
of electronic billboards
in Millcreek that
[1:23:36]
is being discussed tonight.
[1:23:37]
Studies have shown that
electronic billboards are
[1:23:40]
more distracting to drivers.
[1:23:42]
I've listed one such study
below and tagged the source
[1:23:45]
and Creek is
already experiencing
[1:23:46]
increased traffic and the
hazards that come with it.
[1:23:49]
While there may be a
financial benefit to the city,
[1:23:51]
the potential cost of injury
to people and property
[1:23:54]
cannot be overlooked.
[1:23:55]
I hope that the council will
reconsider the idea of adding
[1:23:58]
more digital billboards.
[1:23:59]
Maintaining the
safety of residents
[1:24:01]
should be the priority.
[1:24:02]
Dr. Jean Schwartz.
[1:24:04]
Then there's a couple
others on this page.
[1:24:06]
I understand it.
[1:24:08]
This is from Brian workman.
[1:24:10]
As a resident of Mill
Creek for over 20 years,
[1:24:12]
I oppose the addition of
more digital billboards.
[1:24:15]
That's one of the
things that I love
[1:24:16]
about the area of Mill Creek.
[1:24:18]
It's quiet and there's
less obnoxious advertising.
[1:24:21]
There's a vote to be taken.
[1:24:22]
I vote against
additional billboards.
[1:24:24]
Please take this into
account for the record.
[1:24:26]
Sincerely, Ryan workman.
[1:24:28]
The last one is
from Janine Terrill.
[1:24:30]
I ran opposed to these in 2021.
[1:24:33]
I know they installed one and
are now trying to install more.
[1:24:36]
I'm just trying to
keep it to the one.
[1:24:38]
I feel like these
are a real nuisance.
[1:24:40]
These electronic billboards.
[1:24:41]
Billboard jail.
[1:24:42]
I'm not sure I can make it
to the city council meeting,
[1:24:45]
but I would very much like to
be included in the narrative.
[1:24:47]
I have a daughter
that's on the spectrum.
[1:24:49]
And these kind of
billboards make her seizure.
[1:24:55]
Thank you, Victoria.
[1:24:56]
Yeah, just check that off.
[1:24:57]
Um, this comment is from Gary
Blake, 1189 East iris lane.
[1:25:04]
A comment on billboards.
[1:25:05]
The negative effect upon traffic
safety of any type of Billboard
[1:25:10]
is so obvious.
[1:25:11]
Any Billboard company
obviously believes
[1:25:13]
and intends that drivers
will look at their Billboard.
[1:25:15]
Otherwise the Billboard
company would have nothing
[1:25:17]
to sell to its customers.
[1:25:19]
The Billboard company
obviously knows
[1:25:21]
this implicitly
and will therefore
[1:25:23]
make its displays attractive.
[1:25:25]
Therefore, a degree
of driver distraction
[1:25:27]
is a natural
result. Furthermore,
[1:25:29]
the rapid recycling
of bright colored
[1:25:31]
digital Billboard
messages results in even
[1:25:33]
more driver distraction.
[1:25:35]
Obviously we should not want to
make traffic on our city roads
[1:25:38]
more unsafe by increasing
the distraction distraction
[1:25:41]
of our drivers.
[1:25:42]
Therefore, instead of wanting
more billboards, especially
[1:25:45]
digital ones, we
obviously should
[1:25:47]
want fewer rather than more.
[1:25:52]
This is a.
[1:25:54]
Comment from Brent crane.
[1:25:57]
Ukraine apologies.
[1:26:05]
I'm with border.
[1:26:11]
Yeah, you did that one.
[1:26:16]
It seemed like his first.
[1:26:20]
No BLEEP.
[1:26:20]
Here we go.
[1:26:23]
Of he's opposed to.
[1:26:32]
The billboards said they.
[1:26:36]
Their blight to one census.
[1:26:39]
And there he's being
constantly barraged by.
[1:26:43]
Advertising I don't want to
see the boards that are hawked.
[1:26:45]
Beauty makeovers and
erectile dysfunction
[1:26:47]
are especially offensive.
[1:26:49]
One of the reasons I love
traveling, especially
[1:26:51]
to other countries,
is their lack
[1:26:52]
of billboards and
other advertisements
[1:26:54]
that are unwanted
by the population.
[1:26:56]
I see the landscape and
enjoy people and sights and
[1:26:58]
the natural beauty of the area.
[1:27:01]
This is particularly
true for the Salt Lake
[1:27:03]
Valley and suburbs nestled
beneath the grandeur
[1:27:05]
of the Wasatch Front.
[1:27:07]
I realized that the
ship sailed long ago,
[1:27:08]
but we must learn to live with
the visual and cultural damage.
[1:27:12]
However, I believe it's
not too late to stop
[1:27:13]
spoiling the beautiful
city of Mill Creek.
[1:27:16]
When I saw the current
digital sign at City center,
[1:27:17]
my first thought was of Las
Vegas, downtown Los Angeles
[1:27:21]
or times square, new York,
with their garish digital signs
[1:27:24]
and light shows.
[1:27:25]
Please may the council
be better than that.
[1:27:27]
Let us turn Mill Creek
into a kinder and gentler
[1:27:29]
city as boulder, Colorado.
[1:27:31]
Stowe, Vermont.
[1:27:32]
Carmel, California.
[1:27:33]
Please strive to be
a city that values
[1:27:35]
peace and tranquility over
blatant light show advertising.
[1:27:39]
At the very least, please
press the pause button
[1:27:41]
for a couple of years and
then reevaluate the need
[1:27:44]
for effects of digital signs.
[1:27:46]
Once they are up, they will
never come down and more
[1:27:48]
will be added.
[1:27:49]
I understand that digital signs
are also a driver safety issue,
[1:27:52]
but I'll leave that
to issues, that issue
[1:27:55]
to others that are
more knowledgeable.
[1:27:57]
And that's from Brent crane.
[1:28:04]
I'll summarize because
it was a long letter.
[1:28:08]
This is from the president of
scenic America, mark Falzone.
[1:28:14]
We understand that
the town of Mill Creek
[1:28:16]
is currently considering a
proposal that will bring added
[1:28:18]
visual pollution in the
form of digital billboards
[1:28:21]
three within a single city
block to the community.
[1:28:24]
We have read through the
details of the proposal,
[1:28:26]
including the history
that is setting the stage
[1:28:28]
for this potential project.
[1:28:30]
We would like to offer
the Mill Creek planning
[1:28:32]
commission the following
scientific facts
[1:28:34]
about outdoor advertising.
[1:28:36]
The first point is about
driver pedestrian safety,
[1:28:41]
and it does go into some
quite a bit of studies.
[1:28:48]
But summarize.
[1:28:51]
27 studies found that average
outdoor advertisings were
[1:28:54]
designed specifically to
grab drivers attention away
[1:28:57]
from the roadway.
[1:28:59]
Talks about when there's
inclement weather, higher
[1:29:02]
speeds, traffic
changes that they
[1:29:04]
are distractions and not safe.
[1:29:07]
The second is
environmental degradation.
[1:29:11]
Billboards require
large consumption
[1:29:13]
materials as well as the
removal of trees and vegetation.
[1:29:17]
Talks about.
[1:29:18]
The illuminated Billboard
says it can consume over 7,000
[1:29:21]
kilowatt hours annually
in a single board,
[1:29:24]
can consume nearly 163,000
kilowatt hours annually.
[1:29:29]
For comparison, an
average home in the US
[1:29:33]
is 11,000 kilowatt hours.
[1:29:35]
Led signs also contribute to
high levels of light pollution.
[1:29:39]
Fewer billboards
leads to a reduction
[1:29:42]
in resource consumption,
waste, pollution and the energy
[1:29:45]
for maintenance.
[1:29:46]
The last is.
[1:29:48]
Guess he's got for social
economic implications.
[1:29:53]
Talks about the
contribute to maintenance
[1:29:55]
costs, decrease property
values, loss of tourism revenue.
[1:30:03]
Cities may also incur
costs associated
[1:30:04]
with regulating the placement
and maintenance of billboards.
[1:30:08]
It goes on to some stuff about
zoning and signing ordinances,
[1:30:11]
which I don't think
really speaks to what
[1:30:13]
this application is about.
[1:30:15]
I'll skip that part.
[1:30:16]
And then.
[1:30:18]
Athletics and
community character.
[1:30:20]
One of the most important
apparent impacts
[1:30:22]
that billboards
have on communities
[1:30:23]
is the immediate decline of the
visual appeal of billboards.
[1:30:26]
Often large and imposing
can dominate the landscape
[1:30:28]
and distract from the natural
beauty of the surroundings.
[1:30:34]
So he.
[1:30:40]
The one.
[1:30:42]
This is a different
point we haven't heard.
[1:30:44]
But furthermore, scenic
America is strongly
[1:30:45]
concerned about the
ways in which the town
[1:30:47]
leadership allowed for the
installation of billboards
[1:30:49]
in the first place.
[1:30:50]
The rewriting of the sign code
to remove off premise signs
[1:30:53]
and to allow for district signs.
[1:30:55]
And the concerning
relationship between the mayor
[1:30:57]
and his wife to Reagan
outdoors do not reflect
[1:31:01]
well on the town leadership.
[1:31:02]
These are tactics
that raise red flags
[1:31:04]
and are more likely to be seen
in communities where corruption
[1:31:07]
is rampant and certainly not
to be expected in a state
[1:31:10]
as highly regulated as Utah.
[1:31:12]
It is for these reasons that we
implore the planning commission
[1:31:14]
to carefully consider
the implications that
[1:31:17]
added outdoor
advertising will have
[1:31:18]
on your beautiful community.
[1:31:26]
We go back to.
[1:31:29]
Audience you're the last
one if you'd want to.
[1:31:35]
Oh oh, Yeah.
[1:31:39]
I didn't know I have one from
Susan that just came through.
[1:31:43]
I'm sorry.
[1:31:44]
I'm glad you're here, too.
[1:31:45]
Oh, it's OK.
[1:31:46]
Yeah my name is Mitchell Weiss.
[1:31:48]
I live at 3610 South
Caroline Street.
[1:31:52]
And I'll just read this email.
[1:31:56]
As a professional advertiser and
marketing director of over 30
[1:32:00]
years, I can attest to the
inefficacy of Billboard
[1:32:04]
advertising, their limited
audience targeting,
[1:32:07]
lack of interaction
and attribution,
[1:32:10]
short exposure
time are just a few
[1:32:12]
of the parallel perils
that have all but
[1:32:15]
decimated the outdoor
advertising industry.
[1:32:18]
This is why the outdoor
advertising industry cannot
[1:32:21]
sustain itself without
government partnerships
[1:32:24]
and lobbying that produce
ironclad 100 plus year leases,
[1:32:29]
provisions and other guarantees
through state legislation.
[1:32:32]
Fans of the free market
would certainly exclaim, let
[1:32:35]
the market decide their fate.
[1:32:38]
The outdoor
advertising industry is
[1:32:39]
desperately trying to
stay relevant by moving
[1:32:42]
to more digital formats.
[1:32:44]
But I would assert that this
strategy is merely a better
[1:32:47]
profit model for them, selling
multiple advertisements
[1:32:50]
on a single Billboard
as it does not
[1:32:53]
solve the above mentioned perils
of their advertising services.
[1:32:57]
I have a hard time believing
that any corporation
[1:33:00]
would trade down assets without
guaranteeing itself a windfall.
[1:33:05]
Our city's motto, connected by
nature, is in direct opposition
[1:33:10]
to our city administration's
penchant for digital billboards
[1:33:14]
these past few years.
[1:33:16]
When I consult organizations
regarding their brand stories,
[1:33:20]
I cannot stress enough that each
employee of that organization
[1:33:23]
has the opportunity
to be a brand
[1:33:25]
ambassador by exuding their
brand message and essence.
[1:33:29]
Doing so can create a lifestyle
and an ecosystem that attracts
[1:33:33]
their targeted
audience, bringing them
[1:33:35]
into their organization's
story, creating
[1:33:38]
fervent and devoted buy in.
[1:33:41]
I have heard of no such buy in
favor of digital billboards.
[1:33:46]
Now the boring stuff safety.
[1:33:49]
There are many studies
showing the potential hazards
[1:33:51]
of digital roadside billboards.
[1:33:53]
Here's one from the National
Center of transportation
[1:33:56]
systems, productivity
and management in 2015,
[1:34:00]
showing that 23% of crashes
and near crashes that occur
[1:34:04]
in Metropolitan environments
are attributable to eyes
[1:34:08]
off the forward roadway
greater than 2 seconds.
[1:34:11]
Nearly 80% of the crashes
and 65% of the near crashes
[1:34:16]
were caused by distractions
that made the driver look
[1:34:19]
away for up to three seconds.
[1:34:23]
Of course, there are
contradictory studies.
[1:34:26]
We just mentioned
one by the Virginia
[1:34:28]
Tech transportation institute,
which was made in 2004.
[1:34:32]
They found that
digital billboards.
[1:34:35]
Our safety neutral because they
found that the typical glance
[1:34:39]
in the direction of
a digital Billboard
[1:34:41]
was less than 1 second.
[1:34:44]
If this is the
case, we have come
[1:34:46]
full circle to the inefficacy
of outdoor digital advertising.
[1:34:52]
My proposal is sorry.
[1:34:54]
My proposal is that we let the
static billboards stand where
[1:34:57]
they are, where they
have become ubiquitous,
[1:34:59]
irrelevant, and invisible.
[1:35:01]
Maybe this could give
outdoor advertising
[1:35:04]
the incentive to
become connected
[1:35:05]
by nature to Creek city.
[1:35:08]
Thank you.
[1:35:09]
Thank you.
[1:35:11]
This year.
[1:35:12]
I've got two more.
[1:35:14]
This is from MJ Merkley.
[1:35:18]
Mark Lee.
[1:35:20]
I implore you to seriously
reconsider the decision.
[1:35:23]
Due to significant
safety hazards,
[1:35:25]
these billboards pose
digital billboards
[1:35:27]
while visually intrusive and
unsightly present far more
[1:35:29]
pressing concern in
terms of public safety.
[1:35:32]
The bright flashing lights and
constantly changing messages
[1:35:34]
serve as an unnecessary
distraction distraction
[1:35:37]
to drivers potentially
leading to accidents
[1:35:39]
and endangering
lives on our roads.
[1:35:41]
Studies have consistently
shown that such distractions
[1:35:44]
contribute to driver
fatigue, decreased
[1:35:46]
reaction times and an increased
likelihood of accidents.
[1:35:50]
Mill Creek prides
itself on being
[1:35:52]
safe and a welcoming community
for all residents and visitors.
[1:35:55]
Introducing more
digital billboards
[1:35:57]
contradicts this commitment
and puts our citizens
[1:35:59]
at unnecessary risk.
[1:36:01]
Moreover, these
billboards detract
[1:36:03]
from the aesthetic appeal
of our neighborhoods
[1:36:05]
and commercial
areas, diminishing
[1:36:07]
the overall quality of life for
those who call Mill Creek home.
[1:36:10]
As our elected representative
on the planning commission,
[1:36:13]
I urge you to take Swift
and decisive action
[1:36:16]
to prevent the installation or
expansion of digital billboards
[1:36:19]
in our city.
[1:36:20]
It is imperative
that we prioritize
[1:36:22]
the safety and well-being of
our community above all else.
[1:36:25]
I implore you to consider
the long term ramifications
[1:36:28]
of allowing such structures
to proliferate, proliferate
[1:36:30]
in Mill Creek and
act in the best
[1:36:33]
interests of those you serve.
[1:36:34]
The safety of our
community depends on.
[1:36:38]
Your on our collective
action and responsibility.
[1:36:44]
Hits this one here
from Chris Kaiser.
[1:36:48]
OK the last one is
from Chris Keyser.
[1:36:52]
KSR as a Mill Creek resident
and taxpayer, I am frustrated.
[1:36:57]
The planning
commission is yet again
[1:36:59]
trying to put more digital
billboards in the city center.
[1:37:03]
Don't sell our city center
to the sign companies
[1:37:06]
on my daily commute when I
stop by the red light at 33rd
[1:37:11]
and see that billboard,
it disappoints me
[1:37:14]
in my elected
officials every time,
[1:37:16]
especially when there is a huge
picture of the mayor's face.
[1:37:19]
What a conflict of interest.
[1:37:22]
I don't think I personally
drive by it all the time
[1:37:24]
and I've never
seen his face, but.
[1:37:26]
OK Thank you there.
[1:37:29]
Thanks, Elise.
[1:37:32]
One just came through from.
[1:37:36]
I got one from scenic America.
[1:37:38]
Scenic Yeah.
[1:37:40]
I saw the one from
scenic America.
[1:37:42]
This is scenic to Utah.
[1:37:44]
This is from Kate.
[1:37:48]
it's scenic Utah.
[1:37:50]
Yes and then the one I
heard read was from the I
[1:37:54]
think from the National
with scenic America.
[1:37:59]
Before I jump to
that one, there was I
[1:38:00]
want to make sure I
get Susan b, Susan.
[1:38:06]
Bolden.
[1:38:06]
Bowe N I live in your
neighbor, neighboring
[1:38:11]
city of South Salt Lake.
[1:38:12]
I'm writing to ask
you to please vote
[1:38:13]
no on those horribly
distracting signs.
[1:38:17]
I do a lot of my shopping
near your city center,
[1:38:20]
and we have a few retail
spaces in my area.
[1:38:23]
I am frequently at
harmons, La Frontera
[1:38:26]
and the brickyard shops, but I
reroute or go to other places
[1:38:30]
when those large too bright
ever changing and therefore
[1:38:33]
ever distracting signs
are there blocking
[1:38:36]
my view of the mountains
and distracting me.
[1:38:39]
If you allow these signs,
I will shop elsewhere.
[1:38:45]
Francis, if you've got that
one from the public comment.
[1:38:49]
You want to do that one?
[1:38:50]
Sure if it's long,
you can summarize.
[1:38:54]
I'm just scrolling
through it now.
[1:38:55]
It looks.
[1:38:56]
Yeah so scenic Utah.
[1:38:58]
This is.
[1:38:58]
This is from Kate
kopischke from scenic Utah.
[1:39:05]
scenic Utah has been
following mill Creek's most
[1:39:06]
recent static digital
Billboard exchange proposal
[1:39:09]
and responding to
requests for information
[1:39:10]
from residents concerned about
the impacts of more digital
[1:39:13]
signage in the new city center.
[1:39:15]
We provided comments about
the same issue in 2021,
[1:39:17]
when the city first disclosed
its negotiations with Reagan
[1:39:20]
outdoor advertising to
remove static billboards that
[1:39:23]
were preventing
completion of the Mill
[1:39:24]
Creek common redevelopment.
[1:39:25]
We opposed then and
opposed now digitizing
[1:39:27]
this attractive and pedestrian
friendly new space, which
[1:39:30]
the city promotes as a place
where Mill Creek makes memories
[1:39:32]
and where its showpiece event
space boasts spectacular views.
[1:39:35]
There's nothing memorable,
visually spectacular,
[1:39:37]
or even aesthetically
pleasing about
[1:39:39]
digital outdoor advertising.
[1:39:40]
We understand the challenges
cities across Utah and America
[1:39:42]
face in moving long
standing static billboards,
[1:39:45]
Thanks to state law
that gives billboards
[1:39:47]
the right to maintain
and remain in perpetuity.
[1:39:49]
Sign owners can refuse to remove
the billboards unless cities
[1:39:52]
agree to spend huge sums of
public money buying them out,
[1:39:55]
or they agree to the kind
of digital trade deals
[1:39:57]
Mill Creek is now cutting
with the industry.
[1:40:00]
The benefits to Billboard
companies of these exchanges
[1:40:02]
far outweighs the benefits
to cities and residents.
[1:40:05]
By industry's own estimates,
digital billboards
[1:40:07]
allow for replacement of 12
to 16 ads on one structure,
[1:40:10]
especially if
they're double sided.
[1:40:12]
This means reaping profits
from multiple advertisers
[1:40:14]
at the same time generating
the same amount of revenue
[1:40:16]
as at least six to
eight static billboards.
[1:40:18]
Industry also profits
by eliminating
[1:40:20]
the material costs of
static, static billboards,
[1:40:22]
vinyl, steel, labor.
[1:40:24]
Et cetera.
[1:40:24]
The revenue of
these deals generate
[1:40:26]
for cities pales in
comparison to the money
[1:40:28]
Billboard companies earn.
[1:40:29]
But even in light of the
extra income from Mill Creek
[1:40:31]
treasury, this plan does not
align from the city's stated
[1:40:34]
goals to improve the safety and
visual image of the community
[1:40:36]
by enhancing the look and
feel of major corridors
[1:40:38]
and protecting our
scenic viewsheds.
[1:40:40]
Instead, it saddles
residents and visitors
[1:40:42]
with a range of
negative impacts,
[1:40:43]
including safety hazards.
[1:40:45]
There is no opting out.
[1:40:46]
One reason so many people
object to billboards
[1:40:48]
and what makes them
such an effective medium
[1:40:49]
is that you can't
not look at them.
[1:40:51]
Unlike smartphones, televisions
or printed material,
[1:40:54]
outdoor advertising is
in our public realm.
[1:40:56]
It's forced on views
with no way to opt out.
[1:40:58]
The city provided a lengthy
overview of studies related
[1:41:01]
to safety risks in
digital billboards,
[1:41:02]
a key concern of
residents opposition
[1:41:04]
to the digital design proposal.
[1:41:06]
It concluded there is no
evidence in any of these data
[1:41:08]
sets to suggest a correlation
between the digitization
[1:41:10]
of billboards at Mill
Creek's intersections
[1:41:12]
or an increased number
of distracted driving
[1:41:14]
accidents or even accidents.
[1:41:15]
Overall, however,
scenic Utah researchers
[1:41:17]
who have been investigating this
issue for the past three years
[1:41:20]
reached a different conclusion.
[1:41:22]
Excuse me.
[1:41:23]
For example, this map and
data set crashes in proximity
[1:41:26]
to digital billboards produced
by scenic Utah's data manager
[1:41:29]
offers as evidence correlating
billboards and safety risks,
[1:41:32]
digital billboards are
increasingly incorporating
[1:41:34]
facial recognition
enabled another technology
[1:41:36]
to target customers based
on their location, age,
[1:41:39]
gender and online interests.
[1:41:41]
Raising privacy concerns.
[1:41:42]
The data are
captured anonymously
[1:41:44]
without consumers consent and
without a means of opting out
[1:41:46]
of the surreptitious targeting.
[1:41:48]
These and other considerations
about the impacts and public
[1:41:50]
sentiment regarding digital
billboards in Mill Creek
[1:41:52]
should give pause
to the city leaders
[1:41:54]
before moving forward to
approve this exchange mechanism
[1:41:57]
rather than acquiescing
to industry's
[1:41:58]
onerous and community
unfriendly demands.
[1:42:00]
We urge the city to
consider other mechanisms
[1:42:02]
for removing
unwanted billboards,
[1:42:04]
or at the least requiring more
stringent conditions in terms
[1:42:07]
for how future digital signage
will be sited regulated
[1:42:10]
and managed to meet the city's
character and protection goals.
[1:42:12]
We appreciate the opportunity
to provide our perspective
[1:42:15]
on this difficult
decision and would welcome
[1:42:17]
an opportunity to
meet with city leaders
[1:42:18]
to offer additional input.
[1:42:20]
Sincerely, Kate
kopischke, scenic Utah.
[1:42:23]
Thank you, Francis.
[1:42:25]
I haven't done that since I
was debating in high school.
[1:42:32]
And I think that's all
the public comments.
[1:42:33]
Unless I'll just check
with Elise quickly
[1:42:36]
to see if anything has come
through in the last couple
[1:42:38]
of minutes.
[1:42:39]
OK, so I'll close the
public comment portion
[1:42:43]
for this application and
bring it back to commission
[1:42:47]
for discussion and.
[1:42:51]
Emotion and we can
think our emotions are
[1:42:53]
we can do a
recommendation in favor,
[1:42:56]
in favor of changes, denial
or even possibly continuance
[1:43:00]
if we have a need to do that.
[1:43:05]
Francis, do you have a slide
that shows all four proposed
[1:43:07]
options on the same slide?
[1:43:09]
No I don't.
[1:43:13]
I wish I did.
[1:43:14]
I can kind of
cycle through them.
[1:43:15]
Right if you want.
[1:43:15]
Real quick.
[1:43:22]
So option one is to allow for
up to two digital district signs
[1:43:28]
that would emphasize removing
of digital removing of existing
[1:43:31]
billboards in the city center.
[1:43:33]
Option two would be to
digital district signs
[1:43:37]
subject to an exchange
agreement that removes
[1:43:40]
nonconforming billboards
anywhere in Mill Creek
[1:43:42]
subject to these standards.
[1:43:43]
These five.
[1:43:44]
Option 3 is 1 sign.
[1:43:46]
OK and we can treat
that as either
[1:43:49]
removing billboards
in the city center
[1:43:51]
or these nonconforming signs.
[1:43:53]
And option 4 is the null option.
[1:43:55]
Don't do anything.
[1:43:56]
Leave it alone.
[1:43:59]
That's the option.
[1:44:00]
And I took some notes
related to the notes
[1:44:02]
that you had on the
sign code that I
[1:44:05]
put up here, too,
because we'll need
[1:44:06]
to talk about that as well.
[1:44:08]
We can handle this
however you want.
[1:44:10]
And I think these
are good options.
[1:44:12]
We can use this as
a jumping off point,
[1:44:13]
but we could also look
at a combination of these
[1:44:17]
or a different option, too.
[1:44:20]
But this I think from last week.
[1:44:21]
I don't want to speak
for you, Francis,
[1:44:22]
but you're presenting
this from direction
[1:44:26]
from the city to look at ways
to reduce digital billboards,
[1:44:30]
since that was part of a policy
in our general plan, right?
[1:44:34]
So I think that's
why these are one,
[1:44:36]
two, three are looking at
exchanges to reduce billboards.
[1:44:40]
And Mr chair, I
have one suggestion.
[1:44:44]
If you put the
exchange agreements out
[1:44:47]
to a bid or proposals from
various sign companies,
[1:44:50]
if you pick one of the options
that contemplate an exchange.
[1:44:54]
Thank you.
[1:44:58]
And before we got
into the discussion,
[1:44:59]
I just wanted to
do just a brief,
[1:45:01]
clarifying, clarifying response.
[1:45:05]
Nathan and I do I read
your letter and Thank you.
[1:45:09]
Since we were
looking at the sign
[1:45:11]
regarding the outdoor
advertising, the billboards.
[1:45:16]
Since this sign change, the
part that covers billboards
[1:45:19]
is just for these
district signs.
[1:45:21]
The points you referenced
aren't things we're
[1:45:25]
looking at changing right?
[1:45:27]
Right now.
[1:45:28]
So Yeah.
[1:45:33]
Yeah and I think, I
think it was something
[1:45:34]
I was talking with Jeff about
is we stumbled upon all this
[1:45:39]
through an employee getting on
the site to apply for a permit.
[1:45:42]
And so all of this
is completely for us.
[1:45:46]
Brand new.
[1:45:46]
And so were a little
bit surprised to just
[1:45:49]
be finding out about
this now, considering.
[1:45:53]
Yeah, what we do.
[1:45:54]
And so I think for that reason,
if we can help on the Billboard
[1:45:57]
side, on the sign side.
[1:46:00]
We're all ears.
[1:46:01]
We live and interact
in these communities.
[1:46:05]
Yeah so whatever questions
you have, we're here.
[1:46:07]
Yeah and I appreciate
you putting that later
[1:46:09]
because I just want to clarify.
[1:46:10]
So we weren't ignoring
the points you brought up.
[1:46:14]
They're just not germane to
the part of the ordinance
[1:46:18]
that we're looking at.
[1:46:18]
Yeah, well, because we have
the digital Billboard out
[1:46:21]
on the 15, if that
one piece of code is,
[1:46:24]
it can only change
once every 24 hours.
[1:46:27]
Doesn't happen.
[1:46:29]
So sorry.
[1:46:34]
Yeah, that's.
[1:46:35]
Yeah, that's existing code.
[1:46:37]
But I suggest you call
me and then we can talk
[1:46:39]
about your particular issue.
[1:46:52]
Commissioners thoughts.
[1:46:58]
And Dwayne.
[1:46:58]
I don't want to ignore you.
[1:46:59]
We see you on the screen
so you can jump in.
[1:47:01]
You're still part
of this discussion.
[1:47:14]
And what do we vote for?
[1:47:18]
And with this, the major issues
on this safety aesthetics
[1:47:23]
and to me, value is what
it really boils down to.
[1:47:27]
Um, safety.
[1:47:28]
There's, you know, arguments
on both sides of this.
[1:47:30]
I think that's kind of a push.
[1:47:32]
Aesthetics of value to me
are the two big issues.
[1:47:35]
Um, aesthetically, I'm not
a fan of digital billboards.
[1:47:40]
I really, really don't like
the existing district sign
[1:47:42]
for a number of reasons,
primarily because this
[1:47:45]
is the entryway into the
Commons and I don't think
[1:47:48]
it's welcoming to the Commons.
[1:47:49]
I don't think it's
consistent with,
[1:47:51]
you know, people arriving
at a city center.
[1:47:54]
It's so digital and lacking
in real design and components
[1:48:01]
there that, you know,
branded as you know, hey,
[1:48:04]
you've just arrived at
the city center and this,
[1:48:06]
this is Mill Creek.
[1:48:08]
Um, if there's going to
be another district sign,
[1:48:10]
I would want a completely
different design
[1:48:12]
than what is there so that
there's more than just a
[1:48:16]
hanging digital signage there.
[1:48:19]
Um, but for me on this,
the value on this,
[1:48:22]
is it worth the trade offs?
[1:48:25]
Is it worth dealing
with the digital signs
[1:48:28]
in order to get rid of some
of these existing billboards?
[1:48:32]
Um, personally, I don't
think that the trade
[1:48:36]
off is worth it at this point.
[1:48:37]
If I'm going to make a
change to the status quo,
[1:48:40]
I want to be persuaded that I'm
moving in a better direction.
[1:48:44]
And quite frankly, I'm
not persuaded that this is
[1:48:46]
moving in a better direction.
[1:48:48]
I really don't like
static billboards
[1:48:50]
or digital billboards, but
unfortunately, you know,
[1:48:53]
we're faced with an
either/or situation
[1:48:56]
rather than neither of them.
[1:48:58]
And so if it's an
either/or situation,
[1:49:00]
I'll take the devil I know.
[1:49:02]
And I would say, you know, let's
just, um, keep the existing
[1:49:07]
billboards until we come up
with what I would believe
[1:49:09]
would be a better solution
for getting rid of billboards
[1:49:12]
rather than charging into
these digital billboards
[1:49:15]
coming into the Commons.
[1:49:17]
Um, if inevitably there's
going to be digital billboards,
[1:49:20]
I would only do
the one on 13 piece
[1:49:22]
and get the one
off Highland drive.
[1:49:23]
And when it comes time to
make a motion and vote,
[1:49:27]
my recommendation would be
because there's so much tied up
[1:49:31]
with the district
digital signs compared
[1:49:33]
to the rest of the sign code.
[1:49:34]
In general, my
preference would be to
[1:49:37]
for two separate recommendations
to the city council.
[1:49:39]
One regarding the sign
code overall exclusive
[1:49:44]
of signs, and then a
separate recommendation
[1:49:49]
regarding signs aspect of it.
[1:49:53]
Thank you, Dwayne.
[1:49:55]
That got loud.
[1:49:59]
Other thoughts.
[1:50:00]
Diane? go ahead.
[1:50:03]
Diane so I would totally
agree with Duane.
[1:50:07]
I think about the same
thing back and forth.
[1:50:10]
For me personally, on the
changes to the basic code,
[1:50:15]
I think we can make some
of those that needed
[1:50:18]
to be changed or adjusted.
[1:50:20]
I think that from
the ASCO letter
[1:50:24]
we should look to make sure
that what we're doing in code
[1:50:28]
doesn't really go against
every piece of technology
[1:50:31]
that's already out there.
[1:50:33]
So those are like I think
he talked about lighting
[1:50:37]
and this the safety issues.
[1:50:40]
So safety for me, big issue.
[1:50:45]
I don't feel like
I have enough data.
[1:50:48]
We have had like two people
send us tiny little studies
[1:50:54]
and I'm a data queen, so I
don't feel like from a safety
[1:50:59]
perspective, I can
say whether they're
[1:51:01]
good or bad, digital
or static because we
[1:51:05]
don't really have data.
[1:51:08]
So my vote would be to do
nothing from the standpoint
[1:51:12]
of I don't have
enough data to make
[1:51:15]
a solid decision either way.
[1:51:17]
I think the other
piece for me is.
[1:51:22]
This exchange conversation.
[1:51:25]
And I and I did tell Francis,
if we had to have one
[1:51:28]
here in the city center,
a digital billboard,
[1:51:31]
I would only put one more
and put it on the 1,300 side
[1:51:35]
because there's no housing
and it's all commercial.
[1:51:39]
And frankly, it's
facing Salt Lake City.
[1:51:42]
So, you know, it's
not Mill Creek
[1:51:44]
that would be so obnoxious for.
[1:51:47]
Not yet.
[1:51:50]
I we might want it someday, huh?
[1:51:52]
The other portion for me,
though, is in the discussion
[1:51:55]
of the exchanges.
[1:51:57]
Again, I don't feel like
I have enough information.
[1:52:00]
And frankly, what I do
know, based on calculations
[1:52:03]
and I don't know which gentleman
it was who sent the email where
[1:52:07]
he actually went through
the square footage
[1:52:09]
of the signs that
existed in Mill creek,
[1:52:11]
and he added them all up.
[1:52:13]
To me, there needs to be
a formula for exchange.
[1:52:16]
A very mathematical formula
that if we're going to give you
[1:52:20]
a billboard, you have to
give us some relatively equal
[1:52:24]
amount of the old static ones.
[1:52:26]
But again, I feel
like I don't have
[1:52:28]
enough information to
make a logical motion
[1:52:33]
to say we should do anything.
[1:52:36]
And then on the final part of
it, I'm kind of with everybody
[1:52:42]
we've heard from
and I guess this
[1:52:44]
was the same result three years
ago is people don't like them.
[1:52:48]
And I know you guys run the
business, so I'm really sorry,
[1:52:50]
but people don't like them.
[1:52:52]
And so the reality is, if
we want a community, which
[1:52:56]
our general plan says, mountain
views, mountain views don't
[1:52:59]
take away views, we've already
made adjustments by taking away
[1:53:03]
views for people with housing.
[1:53:06]
And I think if we can
get rid of signage.
[1:53:10]
To keep or get views.
[1:53:12]
I would always vote for views.
[1:53:16]
And I know there's a lot
of people who don't really
[1:53:18]
make that into a thing
because they've lived here
[1:53:21]
their whole lives and
make assumptions about how
[1:53:23]
cool the mountains are.
[1:53:24]
But I haven't.
[1:53:25]
And I want mountain
views all day long.
[1:53:28]
So to me, we should just
go take them all down.
[1:53:32]
So sorry.
[1:53:34]
I know you guys probably run a
great business, but so again,
[1:53:37]
I don't have I don't
feel like I have
[1:53:39]
enough information to make.
[1:53:41]
I can make minor code.
[1:53:44]
But option wise, I would
be at 3:00 or four.
[1:53:49]
Thanks, Diane.
[1:53:55]
I think on the just with the
several issues that have been
[1:53:58]
pointed out here on
the safety item, again,
[1:54:01]
I think I know a
lot of these studies
[1:54:02]
can go you can read it
either way, but just
[1:54:05]
from personal experience and
living in this neighborhood,
[1:54:08]
when I drive in the
day and even at night,
[1:54:11]
it's not that much of a
problem when you're driving
[1:54:14]
past this sign, but as soon
as the snow or the rain falls,
[1:54:17]
it can't see anything.
[1:54:19]
It just erases the
lines all through this.
[1:54:21]
And I hate it because
that happens on I-15, too.
[1:54:23]
And that's really my
big opposition and where
[1:54:25]
the safety concern comes in.
[1:54:26]
And usually the
studies, at least
[1:54:29]
the ones that I've
reviewed, have,
[1:54:31]
don't really address that.
[1:54:33]
So that's as far as the safety
that I'd like to make note of.
[1:54:38]
So and just again, to my
understanding is because this
[1:54:41]
is a legislative item, we are
just making a recommendation
[1:54:44]
to the city that.
[1:54:46]
Correct and so if we're
making a recommendation,
[1:54:51]
I would vote for four that
we keep it the way it is.
[1:54:54]
However, if the city is
going to move, since they're
[1:54:58]
the applicant, if they're going
to city council is going to go
[1:55:01]
and do what they
want to do, I I'm
[1:55:03]
with you where I want a
very clear understanding
[1:55:05]
of what this exchange is.
[1:55:07]
And we talked about
value also where
[1:55:11]
there are certain signs
that have a greater value
[1:55:15]
for being removed than others.
[1:55:16]
Right and and also, there has
to be an equitable approach
[1:55:20]
because if we provide
one digital sign that's
[1:55:23]
an advantageous to
one company, however,
[1:55:26]
the signs that we
want to remove might
[1:55:27]
be from different companies.
[1:55:29]
So that's how that
balance works.
[1:55:31]
It sounds like a
nightmare of a formula,
[1:55:33]
but I think that's something
that I would like to have
[1:55:37]
a very hopefully that
city council has a very
[1:55:39]
clear understanding
of what it is
[1:55:40]
that they would be
accepting if they
[1:55:42]
decided to go that direction.
[1:55:44]
That would be my recommendation.
[1:55:45]
Thanks, David.
[1:55:54]
Yeah, I. I definitely
prefer option four.
[1:55:59]
I don't see a
pressing need to do
[1:56:03]
the sign right now I feel like.
[1:56:07]
Like Diane.
[1:56:08]
I feel like data
has not presented.
[1:56:10]
And I'm thinking a
little bit different data
[1:56:12]
and that's I just heard
anecdotal data about the need
[1:56:16]
for this, for the sign that
it was helpful for the city
[1:56:19]
and publicizing
its events and also
[1:56:21]
that it was been effective.
[1:56:22]
So far.
[1:56:23]
But the reality is
that's not the only way
[1:56:25]
the city publicizes its events.
[1:56:27]
So I feel like that's
sort of an assumption
[1:56:29]
that the sign is another sign
is going to make this huge,
[1:56:34]
this huge difference.
[1:56:36]
I, I also think that I mean,
I think competition is good.
[1:56:42]
I thought that was
interesting what
[1:56:43]
you was saying about
having competition
[1:56:47]
if we were going to.
[1:56:50]
Build a district sign.
[1:56:52]
But I think it's sort of
interesting because it's also
[1:56:54]
saying that they
see value in terms
[1:56:56]
of from a financial
point of view
[1:56:58]
and want to level
the playing field.
[1:57:00]
So that's telling me
that they see potential.
[1:57:05]
Financial remuneration
that I'm not I
[1:57:08]
guess I'm not really thinking
the city is trying to.
[1:57:11]
Um, build the coffers of.
[1:57:14]
Billboard companies.
[1:57:16]
I'm obviously because I've
been on the planning commission
[1:57:18]
for a while, I'm
very much concerned
[1:57:22]
about viewsheds and
about protecting
[1:57:24]
our views of the mountain.
[1:57:27]
I also just want to
make one more comment.
[1:57:31]
I do feel like I like the
conservative lighting standards
[1:57:34]
that we have in
the current code.
[1:57:37]
I think that they were put
together with thought and care
[1:57:40]
and I see no reason
to change those.
[1:57:43]
And I also see that I would
like to agree with separating
[1:57:47]
the two sections of the sign
ordinance that we're looking
[1:57:51]
at, the digital I mean,
just the regular Billboard
[1:57:55]
ordinance or the sign
ordinance and then
[1:57:57]
the district sign ordinance
and let's see, I think lasting.
[1:58:03]
And I actually I'm the
person that suggested the
[1:58:06]
if we had to have
a district sign,
[1:58:09]
I was the one who suggested
the one on Highland.
[1:58:14]
Last time.
[1:58:15]
I consider it an inferior
solution, but, you know.
[1:58:21]
If we can't if we can't
ban it altogether.
[1:58:25]
And I do think, as I agreeing
with my fellow commissioners,
[1:58:28]
that we need to have much
clearer, stronger language
[1:58:31]
of what kind of a ratio or
how we would not just like,
[1:58:34]
we'll make a good deal.
[1:58:37]
Not very compelling to me.
[1:58:38]
Thank you.
[1:58:40]
Thanks, Victoria.
[1:58:41]
Steve or Nils.
[1:58:42]
Thanks I feel like I'm
clearly in the minority
[1:58:48]
here that I actually think
the sign looks pretty good.
[1:58:52]
If I could have
two more of those
[1:58:53]
versus a bunch of
billboards, I'd
[1:58:55]
rather have two more of those.
[1:58:57]
Just from the aesthetics of the
structure itself, I'm speaking.
[1:59:02]
So that said, I think the caveat
to that I'd probably prefer
[1:59:06]
option two with the
caveat that, you know,
[1:59:09]
the exchange
agreement would need
[1:59:10]
to be quite aggressive
to make it worth
[1:59:12]
it to justify putting those in.
[1:59:16]
I'd like it in the sense
that it could take down
[1:59:19]
some unattractive billboards
and also in the vein
[1:59:24]
that we've talked
about, you know,
[1:59:26]
sightlines and mountain
views, these are much smaller.
[1:59:28]
They're much shorter.
[1:59:30]
I think it does a better job
of protecting those views.
[1:59:33]
But clearly, I'm in the
minority here, so it's OK.
[1:59:42]
Um, I don't know if you're
totally in the minority males,
[1:59:45]
but.
[1:59:48]
You know, I mean, I wish
we could get rid of all the
[1:59:53]
off premise signs,
actually, and replace them
[1:59:56]
with if I knew all the square
footage of off premise signs
[2:00:00]
on 3,300 South all the
way from through the city.
[2:00:04]
I wish we could take
that square footage
[2:00:07]
and put them to every 8
seconds on a few billboards,
[2:00:12]
have just three
or four billboards
[2:00:14]
in that whole entire area of
33 instead of the 100 or so.
[2:00:19]
I don't know how
many off premise
[2:00:20]
signs should say we have.
[2:00:23]
54, 50, 51, 51.
[2:00:25]
I'd like to take get
rid of 51 off premise.
[2:00:28]
Oh, in the city or
on that corridor?
[2:00:30]
Oh, in the city.
[2:00:31]
In the city.
[2:00:32]
I'd like to get rid of
51 off premise billboards
[2:00:36]
and put it down to five
or six digital billboards
[2:00:42]
for throughout the entire
city in strategic places.
[2:00:46]
Yeah, I don't think that's
an issue with one on.
[2:00:52]
On 13th east, the
Highland drive one.
[2:00:55]
I mean, there will be a
new building right there
[2:00:57]
that blocks that whole
neighborhood from even
[2:00:59]
seeing that digital sign.
[2:01:02]
But but maybe three digital
signs isn't really needed.
[2:01:06]
And right in this vicinity,
we need these more
[2:01:09]
spread out throughout the city.
[2:01:11]
And look at that
exchange agreement a lot
[2:01:15]
closer and more have a
better exchange on it.
[2:01:21]
But it's.
[2:01:23]
I don't know.
[2:01:24]
It's hard to.
[2:01:28]
Um, it's a.
[2:01:30]
You know, signage is needed.
[2:01:32]
It's a legitimate business, too.
[2:01:34]
But on premise signs, too,
is extremely important.
[2:01:38]
And I like what we've
done on premise stuff
[2:01:41]
that we've changed in that.
[2:01:44]
But anyway.
[2:01:46]
And so I guess I'm
not helping any.
[2:01:48]
No, you kind of recommendation.
[2:01:50]
That's helping.
[2:01:53]
I kind of like to ask a
question of the Glasgow guys.
[2:01:57]
So do you know how
many billboards
[2:01:59]
you have in Mill creek?
[2:02:01]
It's five.
[2:02:02]
Yeah come on up.
[2:02:03]
Just curious.
[2:02:04]
I'm going to ask
several questions.
[2:02:06]
Yes, we have five structures
totaling nine faces.
[2:02:08]
OK so from an
educational standpoint,
[2:02:11]
for those of us who, you know,
want to get rid of billboards,
[2:02:15]
and I agree with you, I actually
like the Mill Creek sign.
[2:02:19]
What I want to be
educated on is what
[2:02:23]
is happening in your industry.
[2:02:25]
The people are going
electronic, right?
[2:02:27]
I mean, there's Francis and
I had this conversation.
[2:02:32]
It's unavoidable.
[2:02:33]
It's going there now,
whether it's Billboard signs
[2:02:37]
or whatever.
[2:02:38]
You know, I brought up the fact
that I don't know if anybody's
[2:02:41]
paid attention that there is
one now below the Golden arches
[2:02:46]
at the McDonald's on 33rd.
[2:02:48]
And it's not a huge
one, but it's digital.
[2:02:51]
And as businesses
come down or up
[2:02:54]
33rd, are they going to
be coming for permits
[2:02:59]
and they will meet
code and they're
[2:03:01]
going to get digital signs.
[2:03:03]
So from a Billboard
perspective, as we've
[2:03:06]
been talking, because
I know you said
[2:03:08]
you're new to what's going on.
[2:03:10]
If if we said to you, we want
you to take all five of those
[2:03:15]
down and have one electronic
sign, what would you say to me?
[2:03:20]
It's a very good question.
[2:03:21]
I think I think first you need
to segment it out on premise
[2:03:25]
and off premise are two
very, very different worlds.
[2:03:28]
So off premise, if you came
to me and said, give me five.
[2:03:32]
And I'll give you that
one right there, it
[2:03:35]
all depends on the terms.
[2:03:36]
And the reality
is Yes goes view.
[2:03:39]
We haven't been
here for 140 years
[2:03:41]
just because we're
never going away.
[2:03:45]
We are long term
committed company.
[2:03:48]
And so when it comes to
working with landowners
[2:03:51]
and getting ground leases,
we're not trying to make
[2:03:55]
a quick escape on this thing.
[2:03:57]
We we derive relationships
and our landowners
[2:04:01]
derive value out of our
structures being there.
[2:04:03]
They get money.
[2:04:04]
And so by saying, yeah,
let's take five away,
[2:04:08]
you're ruining income of
five potential landowners in
[2:04:12]
your community and its income.
[2:04:14]
And so it's a
balance between what
[2:04:18]
does the company
need versus what
[2:04:19]
do we do with the landowners?
[2:04:21]
In in a market
like this where we
[2:04:24]
can't go to a commercial zone
and just say, yep, got it.
[2:04:28]
Got to deal with the landowner.
[2:04:29]
We're going to put a new
Billboard in the ground
[2:04:30]
because you don't
allow new billboards.
[2:04:32]
It's tricky because there's the
supply that's here is locked.
[2:04:38]
You can't do anything.
[2:04:40]
You can't add, you
can't take away.
[2:04:41]
So you're asking us to take
away in exchange for a digital.
[2:04:45]
In some respects.
[2:04:46]
Yeah, it could make sense.
[2:04:49]
But in our case, we've
got five structures.
[2:04:53]
Probably not because
we've got five structures
[2:04:56]
that are performing well.
[2:04:57]
We've got great landowners,
great agreements.
[2:05:00]
It doesn't make sense.
[2:05:01]
But if I had 200 structures.
[2:05:04]
And I had of the 230 of them
that were just kind of snoozers
[2:05:07]
and I didn't really like them
or the leases weren't that great
[2:05:10]
or the structure was being
obstructed by an apartment
[2:05:14]
building road expansion, you
know, all the other factors
[2:05:17]
say, OK, yeah, I think I
could negotiate with the city
[2:05:19]
and say, OK.
[2:05:21]
Give you these for
this sure makes sense.
[2:05:24]
And so I think to answer
your question of would you.
[2:05:27]
There are so many factors
to it, because what's
[2:05:30]
valuable to us on the
side is the relationship
[2:05:33]
and a location that is
aesthetically pleasing,
[2:05:36]
that has the eyes.
[2:05:38]
And you know, that's how
we grow our business.
[2:05:48]
So at the moment.
[2:05:49]
And I think that would be Yeah.
[2:05:51]
One thought I'd add is
looking at the total numbers
[2:05:55]
of billboards you have in your
city that's going to give you
[2:05:58]
a perspective of who
you'll be negotiating
[2:06:00]
with because we've got five.
[2:06:02]
There's two other there's two
other larger groups than us,
[2:06:05]
right?
[2:06:06]
And so exchanging 5 to 1,
getting rid of all of ours
[2:06:11]
versus someone that's got 100.
[2:06:13]
Well, then I
understand that issue
[2:06:14]
with competition kind of thing.
[2:06:17]
Did you want?
[2:06:18]
Need more information?
[2:06:19]
Are we out of time?
[2:06:20]
No, go ahead.
[2:06:20]
Yeah, it's property rights.
[2:06:22]
Straight property rights.
[2:06:23]
And if we were talking
about we hate walgreens,
[2:06:25]
what would Walgreens be saying?
[2:06:27]
You know, we hate
tattoo parlors.
[2:06:29]
Get rid of them.
[2:06:31]
OK, well, we have land.
[2:06:33]
We have invested.
[2:06:34]
We have a business, and the
cash flows are compelling.
[2:06:39]
What's happened as print
media, television, media.
[2:06:45]
Is all being squeezed.
[2:06:47]
Right?
[2:06:47]
so it's all gone online.
[2:06:48]
That's where all
the money's gone.
[2:06:50]
Our little teeny sliver
of the advertising
[2:06:52]
spend, which is barely see
it in the great grand scheme.
[2:06:55]
We're getting tons of
pressure because people are
[2:06:57]
looking for ways to advertise.
[2:07:00]
The industry now has big data.
[2:07:03]
So your cell phone
information, we
[2:07:06]
don't have facial recognition.
[2:07:07]
I don't know where
that came from.
[2:07:08]
I've never talked to anybody
identifying people that way.
[2:07:11]
That's in a movie
somewhere, probably, but.
[2:07:14]
We know who's passing by.
[2:07:16]
The signs and advertisers
pay per 1,000.
[2:07:18]
And billboards are
compelling because it's
[2:07:20]
$14 per thousand, 15, 16, 17
per thousand, not 35 on TV.
[2:07:27]
And so if I'm a business trying
to make my way and 2% more
[2:07:31]
revenue makes a
difference for me,
[2:07:32]
I'm definitely going to do
everything I can to advertise.
[2:07:35]
So I say harmons foods.
[2:07:36]
OK, how do we feel
about harmons?
[2:07:38]
You know, when
you're talking about,
[2:07:39]
hey, billboards, you're
talking about hey and harmons
[2:07:41]
too, because they
advertise extensively
[2:07:44]
and I imagine them
trying to compete
[2:07:46]
against Walmart and Fred
Meyer and everybody else.
[2:07:48]
Hard business, right?
[2:07:49]
My grandfather on my mom's side
was a grocer on the avenues,
[2:07:52]
a little teeny store
his whole life.
[2:07:54]
That's all he did.
[2:07:55]
Think about Harmon's plight.
[2:07:57]
How do we feel about harmon's?
[2:07:59]
They are paying immense
amounts of money
[2:08:01]
to advertise digitally,
mostly because it makes sense
[2:08:06]
and there's value there.
[2:08:08]
Ken foster, University of
Utah professor, communications
[2:08:12]
department, did a survey.
[2:08:15]
We get in our circles
and I heard all this,
[2:08:16]
you know, we've
heard it before, too.
[2:08:18]
And I don't dismiss any of
your feelings about science.
[2:08:21]
I got it.
[2:08:21]
I understand it.
[2:08:23]
People hate Barnes.
[2:08:24]
People hate power poles.
[2:08:26]
We all have my neighbor
painted his house green.
[2:08:29]
I don't like green homes.
[2:08:30]
And then he made his roof green.
[2:08:33]
Ken foster did this study.
[2:08:35]
It's been about 10 years ago.
[2:08:36]
12 years ago.
[2:08:37]
What do you think about science?
[2:08:39]
And it was about
ten, 12% hated him.
[2:08:44]
So from that study,
the University of Utah,
[2:08:46]
we know there's a segment
of the population that
[2:08:49]
just hates signs vehemently.
[2:08:51]
And you've heard it tonight.
[2:08:53]
The rest of the
people are actually
[2:08:55]
rather interested
in them and they're
[2:08:57]
actually curious about them
and they like looking at them.
[2:09:01]
And even though the
glance is one second,
[2:09:04]
the branding makes a big
difference on someone's
[2:09:07]
decisions, amazingly so
advertising does work,
[2:09:11]
and we're grateful for the
free enterprise system.
[2:09:13]
We're grateful for
property rights,
[2:09:14]
we're grateful to
be in business.
[2:09:15]
And we know because I don't
have a Billboard in my backyard
[2:09:18]
either.
[2:09:19]
There's residential zones
and there's commercial zones.
[2:09:22]
Commercial zones are there
for a purpose, right?
[2:09:25]
Let's let commercial
zones be commercial zones.
[2:09:27]
Let's let residential
zones be residential zones.
[2:09:30]
Thank you.
[2:09:31]
Thank you.
[2:09:32]
Thank you.
[2:09:32]
Thank you.
[2:09:33]
That was helpful.
[2:09:34]
So I think the only other
discussion comment I have is
[2:09:37]
I kind of do agree and I
actually talked, I think
[2:09:40]
with Francis about this, that.
[2:09:43]
Do we really need
them all in if we're
[2:09:46]
going to do district signs?
[2:09:48]
I mean, I would like to have
a proposal to put a district
[2:09:53]
sign in every district and
not just in the city center
[2:09:57]
and let the small
businesses, because it's
[2:10:00]
my understanding
that electronic signs
[2:10:02]
actually help small businesses.
[2:10:04]
Correct because it's
less expensive than doing
[2:10:08]
the big Billboard.
[2:10:11]
So is there.
[2:10:12]
If we're going to do it, do
we do some kind of spread out?
[2:10:16]
And I, I live up near
Mount Olympus, too.
[2:10:20]
But I mean, fair is fair.
[2:10:23]
You know, if we're
going to put them up,
[2:10:25]
do we spread them out
across the whole city?
[2:10:30]
I think that could
be something that.
[2:10:33]
You know it's outside
of the scope for this.
[2:10:35]
But it's a valid point
for down the road
[2:10:38]
if we want to
reduce signs, maybe
[2:10:42]
there is an appetite for that.
[2:10:44]
I've got a few thoughts and
I splitting in two parts.
[2:10:48]
I really do like
all the changes.
[2:10:49]
And Thank you Francis.
[2:10:51]
On the excluding
the district signs
[2:10:53]
all the different changes.
[2:10:54]
I mean.
[2:10:55]
Everything got.
[2:10:57]
That clarified.
[2:11:03]
In in your changes
I think I had.
[2:11:09]
The one thing that I was looking
at, though, and this I think,
[2:11:12]
was from the USCIS letter.
[2:11:17]
Where I thought in
the last meeting
[2:11:19]
we talked about that
pure white would
[2:11:21]
be able to be used for logos.
[2:11:24]
Was that accurate or
was I misremembering?
[2:11:28]
That's not really
a word, but my.
[2:11:30]
Give me a minute.
[2:11:31]
I see.
[2:11:35]
We would love to redraft that.
[2:11:43]
What's we would love.
[2:11:46]
I'll talk.
[2:11:47]
I'll talk with you off the line.
[2:12:07]
Yeah OK.
[2:12:08]
So under on page 1868
120d no, cc3b, I think.
[2:12:18]
C3b Yeah.
[2:12:20]
Internally illuminated signs
show you semi-opaque materials
[2:12:23]
for signed copies
such that light
[2:12:24]
emanating emanating
from the sign
[2:12:29]
is diffuse,
transparent or clear.
[2:12:30]
Materials are not
allowed for signed copy.
[2:12:32]
Pure white material
pure white materials
[2:12:34]
are prohibited for non copy.
[2:12:37]
Or let's see.
[2:12:41]
Pure white materials are
prohibited for non copier logo
[2:12:43]
portions of the sign e.g.
backgrounds of graphics
[2:12:46]
and sign backgrounds
should be made
[2:12:47]
of completely opaque materials.
[2:12:49]
I think there's a problem
with the sentence.
[2:12:51]
The intention is the
opposite that you can use.
[2:12:53]
Yeah that you can use pure
white materials for the wording
[2:12:58]
and logo a sign.
[2:12:59]
OK and that's what I just
wanted to clarify because I saw
[2:13:02]
that the prohibition, I was
thinking that we were agreeable
[2:13:06]
for the logo to be able
to be represented with,
[2:13:09]
with a pure white.
[2:13:11]
So I just wanted.
[2:13:14]
That's that's the intention.
[2:13:16]
So OK, I'm making a
note of all of these.
[2:13:18]
So we can so that you can craft
a motion when you're ready.
[2:13:21]
Yeah um, that's all I had for.
[2:13:26]
And then my other comment
earlier about maybe
[2:13:28]
just looking at so
here's, so here's
[2:13:35]
what I have by way of notes.
[2:13:39]
Clarify Yep.
[2:13:41]
Yep the duration of
temporary signs and.
[2:13:44]
Yeah the parks commissioners
about the district signed.
[2:13:49]
And I appreciate the four
options, but I'm looking at.
[2:13:54]
Well, I'd mentioned last
meeting was these are all
[2:13:57]
looking, you know,
1 to 3 are looking
[2:13:59]
at the exchange agreement.
[2:14:02]
But I think there's
another option.
[2:14:03]
And that's just.
[2:14:05]
Have the have a smaller district
sign that's 100% of 100%
[2:14:11]
of the turns are Mill Creek.
[2:14:14]
And I think if you
had a smaller sign
[2:14:16]
and I use that example,
last month about, you know,
[2:14:20]
the Middle East.
[2:14:22]
East high.
[2:14:24]
You know, there.
[2:14:26]
A sign like, you know, not
to look just like this,
[2:14:29]
but it's a smaller
sign face than 288ft
[2:14:33]
Or it could be like, you
know, the Christian academy,
[2:14:36]
they've got their sign there.
[2:14:40]
And we've seen them
around, you know,
[2:14:41]
credit unions and
stuff happened.
[2:14:42]
So I'm not opposed to.
[2:14:45]
Digital for if it were smaller
and just for Mill Creek and.
[2:14:53]
I feel like some of it is.
[2:14:55]
Perhaps the cost, because I
know this agreement would be,
[2:14:58]
you know, advertiser,
potentially
[2:15:01]
Reagan would pay for it,
install it and all of that.
[2:15:05]
And while that may
seem advantageous,
[2:15:09]
I look at the whole concept
of building the city center.
[2:15:12]
We you know, we had
district signs in there.
[2:15:16]
I think they were called
Monument signs initially,
[2:15:18]
but from the beginning.
[2:15:20]
So we knew there was
going to be signs there.
[2:15:21]
So I think that had
to be considered
[2:15:22]
in the construction cost.
[2:15:23]
So I'm still looking at let's
put signs on both sides,
[2:15:26]
but let's have them be smaller.
[2:15:29]
And let's have them
be 100% for Mill Creek
[2:15:31]
and let's do option for
not do but but let's
[2:15:36]
not do nothing at all.
[2:15:38]
And don't have
any district signs
[2:15:39]
like no let's still
have a district sign
[2:15:40]
and I'm not opposed.
[2:15:41]
If it were a small digital
sign, I don't think the cost
[2:15:45]
would be extremely expensive.
[2:15:46]
I don't think East
High's spending hundreds
[2:15:48]
of thousands of dollars.
[2:15:49]
Summit Christian Academy
or the credit unions
[2:15:51]
are spending lots
of money for this.
[2:15:54]
I don't think it's feasible.
[2:15:54]
But, you know, having 100% of
the turns instead of only 40%
[2:15:58]
on a large sign, if you have
100% on the smaller sign,
[2:16:01]
you're still I think you're
going to have a larger
[2:16:03]
impact for your community
events because you have
[2:16:07]
100% of the rotations on there.
[2:16:10]
I also work in
advertising, have done it.
[2:16:12]
Since the 90s.
[2:16:13]
And I look at this as
you know, you could
[2:16:17]
have a large sign with
a horrible graphic,
[2:16:20]
a horrible messaging.
[2:16:21]
It's not necessarily the size.
[2:16:22]
Size can matter to a point.
[2:16:26]
Like if you're on a freeway,
having a 120 square foot
[2:16:30]
sign is not going to work
because of the speeds
[2:16:32]
of the cars and the traffic.
[2:16:33]
So that's why they
have the larger signs.
[2:16:37]
But I look, I make
the comparison.
[2:16:39]
Let's say you're at
the bar and you know,
[2:16:41]
you're watching the game
on a 72 inch screen TV
[2:16:44]
versus a 48 inch screen
TV because you're
[2:16:47]
sitting a little bit closer.
[2:16:48]
I don't think you're.
[2:16:50]
You know, your enjoyment
of watching that game
[2:16:54]
isn't drastically reduced.
[2:16:56]
You're still getting the
you're still seeing the action.
[2:16:58]
You're still getting
what's going on.
[2:16:59]
Even though it's on
a smaller screen.
[2:17:01]
And because the
speeds are lower here,
[2:17:03]
I don't think we
need this large sign.
[2:17:04]
So I'm in favor of
recommending, recommending
[2:17:08]
to the city council, like we'll
look at just doing our own.
[2:17:11]
Let's not.
[2:17:12]
You know, it could be an
option to look at reducing
[2:17:16]
square footage of
billboards in the city,
[2:17:19]
but I don't think
there's a pressing need
[2:17:20]
to do that right now.
[2:17:22]
Let's go do the.
[2:17:24]
Let's go to our district signs.
[2:17:25]
Let's even have it be,
you know, maybe 100 square
[2:17:28]
foot digital sign as well.
[2:17:30]
And later on, if
we want to strike
[2:17:33]
a deal with an
outdoor advertiser
[2:17:36]
to do like what you
suggested, you know,
[2:17:38]
maybe we figure out which
ones remove something else.
[2:17:40]
But I don't think this is our
only opportunity to reduce
[2:17:44]
billboards through an exchange.
[2:17:47]
So just along those lines.
[2:17:51]
When I was looking at this
and thinking about this,
[2:17:54]
I was thinking of big
comparison between 33rd and 39th
[2:17:59]
and 39th doesn't have any
public as far as I mean,
[2:18:03]
above, let's say 23rd any, you
know, advertising billboards.
[2:18:06]
But they do have the
banners for the high school
[2:18:08]
and that's local
and it looks good
[2:18:10]
and no one complains about that.
[2:18:11]
And it's small and it's
but it's very community.
[2:18:15]
I mean, that and it looks good.
[2:18:17]
Yeah, that's kind
of my feeling too,
[2:18:19]
is even though there
would be some signage,
[2:18:21]
I think some signage is
appropriate for our city
[2:18:25]
center.
[2:18:27]
But I feel like it reduces the
it's not it doesn't feel so
[2:18:31]
cheap like we as a
city sold out to like,
[2:18:33]
well, we had to make this
deal because we saved a couple
[2:18:37]
hundred thousand
dollars on Reagan
[2:18:38]
putting them in because
we wouldn't have to know,
[2:18:40]
I don't think I wouldn't want
the city to erect a two 188
[2:18:44]
square foot sign
in the messages.
[2:18:46]
You know, it would be the
same as this one here.
[2:18:48]
I don't think that's
necessary or appropriate.
[2:18:50]
So I'm looking at a smaller sign
like we had originally thought
[2:18:56]
about when we looked at
the city center plans,
[2:18:59]
you know, five, six years ago.
[2:19:02]
Um, so those are
my thoughts on it.
[2:19:10]
Well, they probably.
[2:19:11]
I would look at it
just for construction.
[2:19:14]
Yeah, I've looked at
it as just the same.
[2:19:16]
As for building anything
else, you know, like the sign
[2:19:19]
that we put on
Mill Creek common,
[2:19:20]
you know, that went out to bid
to somebody to put up there?
[2:19:23]
Maybe, but I don't know.
[2:19:26]
Yeah Yeah.
[2:19:30]
Yeah so I don't
know how we I mean,
[2:19:33]
we can continue
the conversation.
[2:19:35]
I, I don't know if I
don't feel like we have
[2:19:37]
an appetite for a continuance.
[2:19:39]
I think we have
enough information
[2:19:41]
to make a recommendation.
[2:19:42]
But it.
[2:19:44]
We and Dwayne.
[2:19:46]
I don't want to ignore you.
[2:19:47]
We've had a conversation now.
[2:19:49]
Do you have any
other thoughts you
[2:19:51]
want to bring up
since you went first
[2:19:52]
and you've heard a lot
of information now?
[2:20:01]
And there should be I mean,
that's what we're here for,
[2:20:04]
is to hear different viewpoints.
[2:20:06]
Yeah we had several
commissioners looking at
[2:20:10]
just let's go with option four.
[2:20:12]
We have a prefer an option to.
[2:20:16]
Steve, I don't know if you
had a specific number option
[2:20:18]
or if yours was
kind of a hybrid.
[2:20:20]
And we can when we
make the motion,
[2:20:21]
we can use the one, two, 3 as.
[2:20:25]
There's a place to
start if we want,
[2:20:26]
and then modify it from there.
[2:20:30]
Or one, two.
[2:20:31]
One, two, four.
[2:20:40]
well, you makes some
good points and.
[2:20:46]
And why do we need three
large digital signs
[2:20:50]
around their mean that
can still be like the one
[2:20:53]
if it was out there.
[2:20:54]
It still have.
[2:20:56]
Just like, I don't know.
[2:20:59]
Well, doesn't necessarily
have to be a monument sign,
[2:21:01]
but it has to be a sign
that would still scroll
[2:21:05]
or have some digital to it.
[2:21:08]
But it's just for
Mill Creek city
[2:21:11]
and it's something smaller.
[2:21:12]
And we do it only for.
[2:21:15]
Advertising for.
[2:21:21]
I mean, I guess you could do
it for any events or anything.
[2:21:24]
Throughout Mill
Creek city two or.
[2:21:26]
Or just what happens
to the commons?
[2:21:29]
Or would there be
advertising for businesses
[2:21:31]
in the Commons area here on.
[2:21:36]
I don't know.
[2:21:37]
I guess my thought was just
keep it within the city.
[2:21:41]
So I'm not a personally
I'm not opposed
[2:21:44]
if we wanted to advertise the.
[2:21:47]
It almost seems like we need
to make a recommendation
[2:21:50]
on what happens here.
[2:21:53]
And then another
recommendation on what
[2:21:55]
happens as far as our whole
entire sign ordinance and.
[2:22:00]
A whole entire sign
ordinance, I think.
[2:22:02]
Gentleman from.
[2:22:05]
Maybe there's a few things
we should look at there and.
[2:22:12]
You know, listen to their.
[2:22:16]
Ideas along with Reagan's ideas.
[2:22:18]
Maybe we've already
had stuff from Reagan
[2:22:20]
or some of the other large
I don't know who all does
[2:22:22]
signs here with Saunders or.
[2:22:25]
Here in the city, but.
[2:22:30]
to take some of their points
and maybe look further at this.
[2:22:34]
The whole overall sign
ordinance, but at least
[2:22:36]
make a recommendation on.
[2:22:38]
Think should happen here.
[2:22:43]
Yeah, that's what I think.
[2:22:44]
Yeah, because I know
we're looking at,
[2:22:46]
you know, The
changes proposed are
[2:22:48]
really with the district signs.
[2:22:50]
Um, you know, and should they.
[2:22:52]
What should we do about the.
[2:22:54]
What changes, if any, should
we make for the sign ordinance?
[2:22:57]
Ordinance regarding
the district signs?
[2:22:59]
And then the other part is,
of course, the other weeks
[2:23:02]
we have to our sign ordinance.
[2:23:04]
I still think we should look.
[2:23:05]
Change somehow because and
only I mean only the sign
[2:23:11]
companies are going to.
[2:23:12]
It's got to be something.
[2:23:15]
It's the benefits of them.
[2:23:18]
I mean.
[2:23:19]
I mean, that's what
we're in the business
[2:23:20]
just like Walgreens is
in the business to be.
[2:23:23]
They're in the same business.
[2:23:25]
So it has to be something
that would still be
[2:23:28]
workable for any sign company.
[2:23:34]
So I'm just trying to think
about how we move this forward.
[2:23:43]
And if we called
Sean's proposal five.
[2:23:48]
It really?
[2:23:48]
It is.
[2:23:53]
helpful for us to pull.
[2:23:55]
Just choose a number
right now and see where.
[2:23:59]
I mean, I think yours has.
[2:24:02]
Midst to it.
[2:24:04]
I don't know if we
can say we have.
[2:24:06]
This choice, but our
backup is this I don't know
[2:24:10]
what we can do to give more.
[2:24:13]
Or if it would be helpful
if we each just said
[2:24:16]
what our first choice number is
and then we're taking the we're
[2:24:19]
not taking the
official vote, but just
[2:24:21]
to know where people are and.
[2:24:26]
How we can craft something.
[2:24:31]
I'm looking at the
votes, and I'm.
[2:24:33]
Might be for.
[2:24:36]
And then that would
then help craft
[2:24:38]
like where the motion goes.
[2:24:41]
You could do that.
[2:24:41]
Or if you want to make a motion,
we can see where that goes.
[2:24:46]
But my feeling is if you
want to do a straw poll.
[2:24:49]
Yeah, well, I'm right.
[2:24:50]
I'm for that.
[2:24:54]
I see merits in 3 and 5.
[2:24:56]
So what do I do with that?
[2:24:59]
Oh for five.
[2:25:00]
I think we've achieved five.
[2:25:02]
I think it's sitting
right out here
[2:25:05]
and I think that
adding additional one
[2:25:07]
doesn't accomplish anything.
[2:25:11]
I think I'm appreciate
the amount of advertising,
[2:25:13]
the numbers that we got.
[2:25:14]
That 40% is the city
advertising that happens here.
[2:25:17]
Fantastic but also it's
there with the discount
[2:25:21]
of helping Creek businesses.
[2:25:23]
So I think five, in my
opinion, is achieved.
[2:25:27]
So I'd go for on my Dave is
for hills where do you are
[2:25:31]
you still like looking at two.
[2:25:35]
Yeah I mean, my
preference overall would
[2:25:36]
be no signs like everyone else.
[2:25:39]
I mean, not everyone
literally, but.
[2:25:41]
But if we're choosing
sides and again,
[2:25:43]
it's hard because
we don't know what
[2:25:44]
that exchange agreement is.
[2:25:46]
If I could take down
5 billboards on 33rd
[2:25:49]
for another one of those.
[2:25:50]
Yeah, do it.
[2:25:51]
But if it's one for
one, probably not.
[2:25:56]
so in that sense, it's hard.
[2:25:57]
Like I said, I probably
choose to with the caveat
[2:26:00]
that exchange agreement
needs to be substantial.
[2:26:04]
I mean, it needs to
have some meat to it.
[2:26:06]
So that would be my preference
if I could take down AI mean,
[2:26:09]
if you drive up down
33rd, it's a lot of signs.
[2:26:12]
If you could take some
down for a smaller,
[2:26:15]
more aesthetically pleasing
sign, I'd love to do that.
[2:26:18]
Um, so it's hard without
knowing the details
[2:26:21]
of exchange agreement,
but that would be minus 2.
[2:26:23]
With that caveat, the
robust exchange and.
[2:26:30]
Feel like I'm.
[2:26:32]
I would do for from the
standpoint of for right now,
[2:26:39]
I just feel like we still don't
have enough to do or enough
[2:26:44]
to clarify.
[2:26:45]
On the other hand, I
do agree with you that
[2:26:49]
is there an option 5 to say
no on the district signs
[2:26:53]
as they've been brought to us?
[2:26:55]
But we recommend smaller signs.
[2:27:01]
And we can recommend,
if everybody
[2:27:03]
agrees that they only be city
owned and not advertisements.
[2:27:10]
Um, I kind of feel like we
should do that as one thing
[2:27:13]
and decide, are we letting
them do it or aren't we?
[2:27:18]
And then can we then make
recommendations to the city
[2:27:22]
council or back to
the city planners
[2:27:25]
to say, we want you to
look at smaller signs,
[2:27:28]
we want you to look
at an exchange,
[2:27:31]
but we just don't
have enough data yet
[2:27:33]
to make any of those decisions.
[2:27:34]
We'd like to have a what would
it be like to those four city
[2:27:41]
council people if we said,
each of you get one, then
[2:27:45]
and they have to figure
out what to do with it?
[2:27:48]
I mean, you know.
[2:27:50]
I don't know how
they feel about that.
[2:27:54]
Because we don't have
any representatives
[2:27:56]
from the city council.
[2:27:58]
I think we'd have to just
craft that as a recommendation
[2:28:02]
because if we make a
recommendation and then said,
[2:28:05]
but we want to see what the
exchange agreement is then.
[2:28:09]
Wants to make a recommendation.
[2:28:10]
I think it would be we
want a recommendation
[2:28:12]
of a really robust.
[2:28:13]
We have to suggest that.
[2:28:15]
And I'm with you, I'd
go for the 7 to 1.
[2:28:17]
But if we can get rid of 7
and give them a one digital,
[2:28:20]
I might be all about that.
[2:28:23]
Uh, Victoria.
[2:28:29]
Well, for you.
[2:28:30]
Please use your microphone.
[2:28:33]
The light on.
[2:28:36]
Yes, I support forest,
my first choice.
[2:28:39]
But yes, the details.
[2:28:40]
We got rid of all 3,300
signs and put one digital.
[2:28:44]
Yeah, I'm all in.
[2:28:45]
So what I see in what's
being suggested right now
[2:28:51]
is not robust enough
for me to want
[2:28:53]
to support one or
two and even three
[2:28:58]
where it would have less
visual impact on the city.
[2:29:02]
Again, you know, I'd
be like five, 5 to 1.
[2:29:06]
And I'm going to also point out
that those numbers in Kansas
[2:29:11]
City or Lee county, which
one it was, but they were
[2:29:15]
talking about how they had
had 13 billboards and they
[2:29:18]
went to six.
[2:29:19]
And I'm thinking, you know, as
a percentage of their billboards
[2:29:24]
in the city.
[2:29:24]
And as I recall,
you said that, Lee.
[2:29:27]
We've had only 100,000 people.
[2:29:30]
Well, that's the
size that we have.
[2:29:32]
So they're talking about a
city that has 13 billboards
[2:29:35]
and they're trying to reduce it.
[2:29:37]
I mean, they're getting rid of
50% That is so so that to me
[2:29:41]
that those exchange rates are
not equivalent to what we're
[2:29:45]
talking about when we're
talking starting at a smaller
[2:29:47]
city with 51 billboards.
[2:29:50]
So to make an impact,
I feel like it
[2:29:53]
needs to be much more robust.
[2:29:55]
So given that what I'm seeing
presented is not strong enough,
[2:29:59]
I would go with.
[2:30:00]
For Thank you.
[2:30:03]
Steve I will go along with four.
[2:30:11]
However So I just want
to know the Billboard
[2:30:17]
that's out out here now.
[2:30:20]
Was there an exchange
on that one at all?
[2:30:22]
Yes OK.
[2:30:24]
Because there was the
removal of an existing sign
[2:30:28]
that was there.
[2:30:30]
Uh, plus.
[2:30:32]
Plus 924ft of vested rights
of billboards that Reagan
[2:30:38]
had previously removed.
[2:30:39]
We have a Billboard
bank concept.
[2:30:42]
One of those signs
was actually over
[2:30:44]
here on the corner of by
the check cashing business,
[2:30:47]
I believe.
[2:30:47]
And then there was another
sign that was down the road,
[2:30:50]
and they were both
kind of 30 sheet signs.
[2:30:52]
I don't remember.
[2:30:52]
It goes back a long time, but
they had bank square footage
[2:30:56]
that we threw in.
[2:30:57]
They surrendered the rights to.
[2:31:00]
So that's why I wouldn't mind.
[2:31:01]
3 with the option that
we try to get a better
[2:31:03]
deal for the one on 1,300 East.
[2:31:07]
Option three or 4, I think
initially you said for.
[2:31:12]
I'm not sure which
option it was, but we're.
[2:31:15]
Is one Billboard and 4.
[2:31:17]
Right so I'm saying 3 with
the one Billboard on Richmond.
[2:31:23]
Yeah out on that's
on 1,300 East right.
[2:31:27]
And that would be but to
get a better exchange.
[2:31:32]
Then you got on the original.
[2:31:34]
At least tried to.
[2:31:34]
If not.
[2:31:36]
Don't do it.
[2:31:39]
A Dwayne.
[2:31:48]
If we change the
sign code to give,
[2:31:52]
to allow two additional
district signs,
[2:31:55]
and then it becomes a
legislative matter for the city
[2:31:58]
council where they
essentially have
[2:32:00]
a blank check to
do whatever they
[2:32:01]
want on an exchange agreement.
[2:32:03]
With so many unknowns and
variables still in play here.
[2:32:07]
I would opt for you
know, I would vote
[2:32:10]
for option number four that we.
[2:32:14]
Advanced the sign code in
general because there's no need
[2:32:17]
to hold up the remainder
of the sign code
[2:32:18]
just over district signs.
[2:32:19]
Let's get the sign code
updated and implemented.
[2:32:24]
But I I'm not persuaded that now
is the right time to move on.
[2:32:30]
The digital district
signs in the city center.
[2:32:37]
OK thanks, Duane.
[2:32:38]
Thanks and my thoughts
are kind of that hybrid
[2:32:41]
that I suggested.
[2:32:42]
It's kind of like.
[2:32:44]
4 plus.
[2:32:47]
I think a district
signs are fine.
[2:32:50]
They don't have to be digital.
[2:32:52]
They could just be a
nice district sign.
[2:32:54]
Welcome to the city
center chair, Lamar.
[2:32:57]
Yes, actually, maybe
propose some language
[2:33:00]
here for you to look at.
[2:33:01]
I don't know whether
that'll work, but.
[2:33:02]
OK let's see.
[2:33:06]
Oh, you know what?
[2:33:08]
Yeah, that's correct.
[2:33:10]
So that would have
the effect of,
[2:33:12]
you know, so there's only
one digital district sign.
[2:33:15]
But, you know, we could create
a district monument sign.
[2:33:18]
Yeah, something
along those lines.
[2:33:21]
I'm just kind of
spitballing and.
[2:33:24]
And when you're saying the
one digital district sign,
[2:33:26]
that's the one that
already exists.
[2:33:28]
Yes this one out here.
[2:33:29]
So not additional, right?
[2:33:31]
Yeah and then this would be.
[2:33:34]
We could have a district
monument sign feet.
[2:33:37]
Area of electronic
message limited.
[2:33:39]
Yeah that.
[2:33:40]
So what's on the screen that
captures kind of my feeling.
[2:33:45]
I feel that's what I was
trying to articulate earlier.
[2:33:50]
But Francis did
it a lot shorter.
[2:33:53]
So in this case, we're
saying only one that exists,
[2:33:58]
only the one that exists.
[2:33:59]
So so no additional no.
[2:34:01]
No additional signs.
[2:34:04]
Well, there would be additional
they would be limited.
[2:34:07]
But there's no
exchange with Reagan
[2:34:10]
for taking down Billboard.
[2:34:12]
There's no exchange.
[2:34:12]
It's not it's not a large one.
[2:34:14]
It's a smaller one.
[2:34:16]
Yeah so that's kind of
where my feeling is.
[2:34:23]
For me, this model
motion would work.
[2:34:25]
I don't know about you.
[2:34:28]
May capture what we wanted
with no additional sign.
[2:34:30]
And I think we could also
say if the city council.
[2:34:36]
Had an appetite that they did
want to do an exchange that we
[2:34:38]
highly recommend, that it's
a very aggressive, robust,
[2:34:42]
you know, good exchange ratio
of what they're going to.
[2:34:48]
Exchange how many
what the ratio is.
[2:34:50]
And also which
signs are removed.
[2:34:52]
So they're not removing
signs that while it's
[2:34:55]
a billboard, signs that we
don't really care about.
[2:34:57]
Like there's a few that I
didn't even know existed until.
[2:35:00]
This, we started
looking at billboards.
[2:35:03]
So to me, if they
remove those, I don't
[2:35:04]
think anybody would even know.
[2:35:07]
I think they have to be
substantial, meaningful signs.
[2:35:11]
So can we make recommendations
on top of maybe doing a motion
[2:35:17]
that we approve, but
can we just give them
[2:35:19]
a list of these are
the things we recommend
[2:35:21]
before we do anything else.
[2:35:24]
Yeah you can advise the
council on, on, on those.
[2:35:27]
And that's one of
the reasons why I
[2:35:28]
created this list here, right?
[2:35:31]
You know, disregard, disregard
the language in the option.
[2:35:34]
Just look at these.
[2:35:36]
Yeah Uh, oops.
[2:35:37]
Let me get.
[2:35:38]
Sorry, commissioner
Vance, I'm going
[2:35:39]
to push you out of the way,
um, so that everybody can see,
[2:35:43]
including you.
[2:35:45]
But I mean, those were kind of.
[2:35:51]
In listening to you
write, those are maybe
[2:35:54]
my proposed parameters, like
not knowing what the value
[2:35:57]
of some of these signs are.
[2:35:58]
Right? here's a basis for us to
say like pick from these signs,
[2:36:02]
right?
[2:36:02]
If they move forward
with deciding
[2:36:04]
we do want to do
an exchange, this
[2:36:05]
could be a recommendation of
and I personally, I like this.
[2:36:10]
These because that
makes sure that we're
[2:36:12]
getting more meaningful
signs removed, not just
[2:36:16]
the ones that are
against a building
[2:36:17]
that nobody really
notices anyway.
[2:36:22]
I think I've heard all
the commissioners like.
[2:36:26]
Well, most of us, I
think, are OK if we
[2:36:28]
do another one on 1,300.
[2:36:31]
But I think most people
are like one way, not
[2:36:35]
really one way or the
other on the putting one
[2:36:37]
on the other side.
[2:36:38]
So, I mean, can we recommend
that we only they could put two
[2:36:42]
up, but we recommend that they
only put the one on 1,300 up
[2:36:48]
and the other sign just be a
regular like welcome to Mill
[2:36:52]
Creek sign.
[2:36:54]
That is an option
too right Yeah.
[2:36:56]
And then make other
recommendations of you
[2:36:59]
know, we things that we think
they should do like if we think
[2:37:04]
that it shouldn't
be for advertising,
[2:37:06]
it should be owned by the city.
[2:37:10]
Or, you know, just
for city information.
[2:37:13]
I mean.
[2:37:17]
Well, commissioners,
does this give us
[2:37:19]
enough information
for anybody that would
[2:37:20]
be willing to make a motion?
[2:37:24]
Are we permitted to
separate the two?
[2:37:27]
Yes portions of this?
[2:37:29]
I think so.
[2:37:29]
So so why don't we go ahead
and I'm going to recommend
[2:37:36]
that we recommend
approval of the sign
[2:37:44]
ordinance portion of t 23016.
[2:37:48]
And I think there's.
[2:37:49]
Yeah you've got the
notes with this.
[2:37:52]
With the.
[2:37:55]
Items that we considered today.
[2:38:02]
Can I make.
[2:38:03]
Can I. Can I suggest something?
[2:38:04]
Yeah, because I'm not sure about
one of those as I'm reading it.
[2:38:09]
Are you comfortable,
Francis, on the brightness
[2:38:11]
and light temperature?
[2:38:12]
Because I heard a statement of
I like bright light and that's
[2:38:14]
not my statement about my life.
[2:38:17]
Yeah so, I mean, I guess
that's a point of debate.
[2:38:19]
I heard a couple
people on the council
[2:38:21]
saying, well, let's
consider, let's at least
[2:38:23]
consider the sign
industry best practice.
[2:38:25]
But I know that that, that
Commissioner Reed used you.
[2:38:30]
I like what you have.
[2:38:32]
OK so I don't know.
[2:38:34]
Does anyone I'm going to
say to cut that part out.
[2:38:37]
But you can give a friendly
Amendment not friendly.
[2:38:40]
You can amend it and see if
the votes are to keep that in.
[2:38:45]
Is that right?
[2:38:46]
I propose it without the
considering adjustments
[2:38:51]
to the brightness and light
temperature and then we can
[2:38:53]
someone else can change that.
[2:38:58]
And the rest, I think is OK.
[2:39:01]
Um, and so and this is
without the digital,
[2:39:04]
the district sign portion
of this proposed ordinance.
[2:39:11]
So do I have a second on that?
[2:39:12]
Are you clear on
what I'm saying?
[2:39:15]
I'll second it.
[2:39:16]
OK I move that we recommend
approval to the city council
[2:39:23]
of the sign ordinance
portion of zt 23 016, which
[2:39:28]
amends the existing sign code.
[2:39:30]
Chapter 19.82 with the additions
that we have discussed that
[2:39:36]
are listed here in
the notes section,
[2:39:38]
excluding the brightness
and light temperature.
[2:39:45]
recommendations.
[2:39:47]
A motion by Reed.
[2:39:48]
Is there a second?
[2:39:51]
I'll second with
the clarification
[2:39:53]
that this is expressly
excluding signs, which I don't
[2:39:57]
think we heard in
the oral motion,
[2:39:58]
but is in the written motion.
[2:40:00]
Yeah, it's a part of
that bullet point one,
[2:40:03]
not including the
provision regarding
[2:40:05]
digital district signs.
[2:40:08]
So if people don't
agree with me,
[2:40:11]
I'm undercutting myself
right on the spot.
[2:40:15]
If you don't agree
with me, then I'm
[2:40:17]
going to propose an
Amendment to mine
[2:40:20]
and we can take a
separate vote on it.
[2:40:22]
Or if you're all good with it,
we'll just go ahead and vote.
[2:40:24]
Yeah, just got a motion by
Reed and a second by Vans.
[2:40:31]
So we can open it
for discussion.
[2:40:33]
I just have a favor
of what you've
[2:40:35]
presented with a strikethrough
for bullet point for.
[2:40:39]
Yeah, but I do have a
concern when it comes to
[2:40:42]
on the brightness
and temperature
[2:40:43]
and the I don't have a
problem with the best industry
[2:40:47]
practices or something.
[2:40:48]
You have to can't just if
the color or the brightness
[2:40:54]
is such that it
makes a digital sign
[2:40:56]
impossible to read and look at.
[2:40:59]
I mean, you just can't do that.
[2:41:01]
You've got to have
something that.
[2:41:04]
That the industry can put up
and was willing to put up.
[2:41:07]
And there has to be
at least a discussion
[2:41:10]
between the industry and.
[2:41:14]
And the ordinance has to make
sense for the brightness.
[2:41:18]
My understanding.
[2:41:18]
Maybe I'm wrong is that the
standards that are specified
[2:41:23]
in this draft
ordinance are the ones
[2:41:25]
that are the same as what is
in the existing district sign.
[2:41:29]
Is that correct?
[2:41:30]
Are you talking are you
talking about the brightness
[2:41:32]
of the brightness of
electronic message centers?
[2:41:35]
No so so the brightness for,
you know, just standard signs.
[2:41:40]
That's that's new language.
[2:41:42]
And it was attempted it was an
attempt to balance, you know,
[2:41:46]
the rights of sign companies.
[2:41:49]
But the but the city's interest
broadly to gradually move
[2:41:53]
toward a dark sky
compliant city knowing
[2:41:56]
that we'll never get there.
[2:41:57]
Right we'll never
achieve a state of grace,
[2:41:59]
but we can always try.
[2:42:01]
Um, and that was the intent.
[2:42:04]
And the code consultant
kind of borrowed codes
[2:42:07]
from cities in
Colorado and Arizona
[2:42:09]
to move us in that direction.
[2:42:11]
And that's where they came up
with the 100 nit requirement.
[2:42:15]
OK Yeah.
[2:42:16]
So maybe that's fine.
[2:42:18]
I mean, I think there
should be a balance there,
[2:42:21]
but I think there
should be discussion.
[2:42:23]
It sounds like
you've had discussion
[2:42:25]
with people in the industry,
but you know, we're not Torrey,
[2:42:30]
Utah either.
[2:42:31]
We're we're Creek city
and Salt Lake City.
[2:42:34]
So there.
[2:42:38]
It can be a dark sky anyway,
but so maybe it's just what you
[2:42:43]
have in there is just perfect.
[2:42:45]
That's that's what the
motion is saying is.
[2:42:47]
Yeah all right.
[2:42:48]
OK and I like it that way too.
[2:42:51]
I is perfect for.
[2:42:53]
I mean, I want to be.
[2:42:56]
Well, I think since it's our
city where the residents that
[2:43:00]
live here, that we don't
need to just rely on the best
[2:43:03]
practices of the industry,
I think we should rely
[2:43:05]
on what makes sense to us
and then have the industry
[2:43:09]
adapt to it.
[2:43:11]
And, you know, and since
other cities have done it,
[2:43:14]
it's not just a number that
staff pulled out of a hat.
[2:43:17]
I think there's
some basis for it.
[2:43:20]
It probably will
require some change.
[2:43:22]
Some signs won't be as bright.
[2:43:23]
But just because
some other city does,
[2:43:25]
it doesn't mean we
should do it either.
[2:43:26]
We should do it
what's best for us.
[2:43:27]
That's right.
[2:43:28]
And I feel like it is best.
[2:43:30]
My recommendation is like,
yeah, leave it out like.
[2:43:33]
So there are some
extreme cities on that.
[2:43:36]
Yeah Yeah.
[2:43:37]
I don't want to be extreme.
[2:43:39]
Well, we have a
motion and a second
[2:43:43]
and any more discussion
on this or I'm
[2:43:46]
ready to call for a vote.
[2:43:49]
So, Dwayne, since you're remote,
we're going to start with you,
[2:43:52]
and then we'll do a
vote here on site.
[2:43:56]
I vote Yes.
[2:43:58]
Votes Yes.
[2:44:00]
Holtzberg Yes.
[2:44:02]
Lofgren no.
[2:44:03]
Soul Yes.
[2:44:05]
Lamars Yes.
[2:44:06]
Reed Yes.
[2:44:08]
And Anderson.
[2:44:16]
I vote no.
[2:44:17]
OK and Anderson is no.
[2:44:19]
So the first part
of this ordinance.
[2:44:22]
Passes for two to.
[2:44:26]
As a recommendation.
[2:44:27]
The city council.
[2:44:28]
Is that right?
[2:44:28]
For one, two, three,
five, five, two.
[2:44:31]
Thank you.
[2:44:35]
The people who object are
supposed to state why?
[2:44:38]
Correct?
[2:44:39]
they have the opportunity
to statewide, if you'd
[2:44:41]
like to give some clarity.
[2:44:45]
Just the light
discussion we had.
[2:44:47]
I think we should
match industry standard
[2:44:49]
makes more sense for
given being Mill Creek.
[2:44:51]
We're not.
[2:44:53]
The only community
I can think of
[2:44:54]
is kayenta down in St George.
[2:44:56]
That's a dark place.
[2:44:58]
And I don't think
we are that so.
[2:45:00]
Thank you.
[2:45:02]
Uh, I agree.
[2:45:04]
And I also think, you
know, even though we've.
[2:45:07]
I mean this is a good motion.
[2:45:10]
But I think we.
[2:45:12]
Need to have.
[2:45:13]
I'm not so sure we're
there on exactly what
[2:45:15]
we need in the sign ordinance.
[2:45:18]
I'd like to hear more of what,
like, yesco has to say and.
[2:45:22]
And others.
[2:45:23]
OK Thank you.
[2:45:25]
Even on this.
[2:45:25]
Well, we don't have
any safety stuff.
[2:45:28]
Well, basically,
all of these are
[2:45:30]
going to become
nonconforming signs if they
[2:45:32]
don't meet the standards.
[2:45:35]
Yeah, I mean, that's the thing
Utah Science Association said
[2:45:38]
is these are so far
are what we have is
[2:45:42]
far below what the standard is.
[2:45:45]
So these a lot of these will
come to us as non conforming.
[2:45:49]
So when that happens, I guess
after we get a half a dozen,
[2:45:52]
we'll probably change our minds.
[2:45:56]
Francis, any existing sign
would still be able to continue
[2:45:59]
as they are or would.
[2:46:00]
Yeah, it can be.
[2:46:01]
It could be it could be
maintained as long as the sign
[2:46:03]
doesn't change in size, right?
[2:46:05]
So the moment it gets the
moment gets taller or bigger.
[2:46:08]
Right it has to come
into compliance.
[2:46:10]
But, you know, any existing
sign can stay there forever.
[2:46:14]
It's legal nonconforming.
[2:46:15]
Yeah Yeah.
[2:46:16]
Legal nonconforming.
[2:46:18]
OK Thank you.
[2:46:20]
Those recommendations and
even for Nils and Steve,
[2:46:25]
that does help city
council get a gauge
[2:46:28]
on where our collective
thoughts were on this motion.
[2:46:34]
So thank you.
[2:46:36]
Now district the
district signed portion.
[2:46:39]
And Francis, if you
could scroll to that.
[2:46:42]
OK model motion that you had.
[2:46:45]
So I did AI wrote
up a model motion,
[2:46:48]
you know, just kind of
based on discussion.
[2:46:52]
This is something I
just came up with.
[2:46:54]
But that's no changes.
[2:46:58]
Plus a monument sign.
[2:46:59]
Option number 4 is.
[2:47:06]
Number four is, is no changes,
which essentially means that.
[2:47:13]
Here I'm going to do this
state that no additional.
[2:47:23]
This would, you
know, essentially
[2:47:26]
say one is enough, right?
[2:47:27]
That's the one.
[2:47:28]
And that's the
one enough option.
[2:47:31]
Option three.
[2:47:35]
Option three says essentially
one digital district sign.
[2:47:39]
And you can look at either
nonconforming signs anywhere
[2:47:42]
in Mill Creek or signs
near the city center,
[2:47:44]
as in your model motion.
[2:47:47]
Option two is the
two digital district
[2:47:51]
signs with the
nonconforming sign list.
[2:47:54]
Right and paraphrasing
an option one
[2:47:56]
is the two additional
district signs
[2:47:59]
emphasizing signs in the
city center to be removed
[2:48:02]
and back to four.
[2:48:04]
That's just saying.
[2:48:06]
With no additional district
digital district signs.
[2:48:09]
But it's not.
[2:48:11]
It's not illuminating.
[2:48:13]
Just a static district sign.
[2:48:16]
No, it would not.
[2:48:17]
It would not eliminate a static.
[2:48:18]
I mean, the truth is
that's already allowed.
[2:48:20]
Right that's the
code already allows
[2:48:22]
that we can do that tomorrow.
[2:48:23]
OK well, I like the my
thoughts are I do like the 5
[2:48:33]
because I'm not.
[2:48:35]
Opposed to a digital just
but for just the city.
[2:48:40]
That's kind of where I land.
[2:48:42]
I'm OK.
[2:48:43]
I'm OK.
[2:48:44]
Giving some leeway on the
digital portion there.
[2:48:49]
So I would like to make a
motion on option 4 here.
[2:48:54]
OK, go ahead.
[2:48:55]
So I recommend that the
city council approve z 24
[2:49:01]
with the following modification.
[2:49:03]
With respect to signs in the
city center table 18.16 point
[2:49:09]
113in the draft ordinance
should be amended to state
[2:49:12]
that no additional district
signs are allowed in the city
[2:49:16]
center overlay zone.
[2:49:18]
Motion by Holzberger.
[2:49:21]
I'll second, second.
[2:49:24]
Victoria Reid beat you,
but that letter beat me.
[2:49:27]
I'm fine.
[2:49:30]
Any additional discussion
or changes to that motion?
[2:49:36]
OK, Dwayne, I'll start
voting again with you online.
[2:49:40]
Dwayne Vance.
[2:49:42]
Yes David Holzberger.
[2:49:44]
Yes Nils Lofgren.
[2:49:46]
No Ansel.
[2:49:54]
Let me come back to you.
[2:49:56]
Steve Anderson.
[2:50:06]
I vote Yes, Peloton this one?
[2:50:08]
Victoria Reid.
[2:50:09]
Yes Lamar.
[2:50:11]
Yes Diane Sewell.
[2:50:17]
Yes and the answer is Yes.
[2:50:21]
And commissioners?
[2:50:22]
I would.
[2:50:24]
Maybe this should.
[2:50:26]
Can we still then
clarify outside
[2:50:28]
of emotion of additional
recommendation,
[2:50:30]
like if they did go
with the digital sign?
[2:50:33]
Yeah, that I think that you
understand the sentiment
[2:50:36]
that we would if they did
pursue an exchange that
[2:50:39]
would be robust.
[2:50:40]
And I don't speak for
other commissioners
[2:50:42]
but that the bullet
points in number two
[2:50:45]
of like what signs
they should consider.
[2:50:47]
I think we're in agreement
with that those 5 above 32
[2:50:53]
and double Decker.
[2:50:54]
And all of that.
[2:50:54]
Does that sound like
what we well would want?
[2:50:57]
I think option 5 is something.
[2:51:02]
We should make them
consider like that we want.
[2:51:05]
If they're going
to do something,
[2:51:06]
they need to bring it back to
us with another of their options
[2:51:10]
of we want a smaller sign.
[2:51:12]
We want to recommend that
it's owned by the city.
[2:51:15]
We want to recommend
that, you know,
[2:51:17]
they look at other
options, like if you're
[2:51:20]
going to put digital signs
and put them in other places
[2:51:22]
than just in the city center.
[2:51:24]
Yeah, I mean, to me, those
are kind of the things
[2:51:27]
that I think we
should not tell them.
[2:51:30]
Absolutely not ever,
but that we want
[2:51:34]
them to consider other things.
[2:51:36]
Yeah, the city council does have
the option to remand something
[2:51:39]
back to the planning commission.
[2:51:40]
Yeah, but they don't have to.
[2:51:42]
Yeah so it would be
at their discretion.
[2:51:43]
Totally at their discretion.
[2:51:45]
Yeah but France, if you
could relay that one to them.
[2:51:49]
I think that's OK.
[2:51:50]
I think you understand the.
[2:51:51]
Yes our thoughts
just add one thing
[2:51:54]
like Thank you in
the option we had is
[2:51:56]
that it would be a
meaningful reduction.
[2:51:58]
And I feel like that language
is so squishy of what does
[2:52:02]
a meaningful reduction mean?
[2:52:04]
And so to me, it needs to be
far stronger, like more robust,
[2:52:07]
like 5 to 1 or
something like that.
[2:52:09]
I'm making something up.
[2:52:10]
But, but heck, that's as good
as a meaningful reduction.
[2:52:16]
OK Thank you.
[2:52:21]
OK Thank you.
[2:52:23]
We got through that.
[2:52:23]
Thank you both, Mr
Young's and Kathy
[2:52:29]
Blake for joining us live at the
meeting tonight for this board.
[2:52:34]
And also, if anybody wants.
[2:52:36]
Sorry to interrupt, if anybody
would like a free coupon
[2:52:40]
to either noodle head
downstairs, $5 or Mill Creek
[2:52:44]
pizza house or one
of each, they're
[2:52:47]
actually on the table outside.
[2:52:48]
Just grab one on your way out.
[2:52:53]
Thank you.
[2:52:55]
Commissioners a break.
[2:52:57]
We do need to go through
some training with John.
[2:53:02]
I would propose that we do
a five, eight minute break.
[2:53:06]
There's lukewarm
pizza in the EOC.
[2:53:10]
It's really good.
[2:53:11]
Dwayne, we'll meet you back
for training about 8:00.
[2:53:15]
It did?
[2:53:16]
Yeah and they're much better.
[2:53:18]
They're they're actually
happy to have you there.
[3:06:35]
I have a little clicker for you.
[3:06:37]
I got to get this other
free freezers taking
[3:06:39]
up too much space eating.
[3:06:42]
Which button is it, man?
[3:07:06]
let me start, because
everybody here.
[3:07:08]
Yes how much fun
signs and open meeting
[3:07:16]
training in the same meeting
to approve the minutes to.
[3:07:20]
Oh Wow.
[3:07:21]
Open OK.
[3:07:29]
OK are you ready?
[3:07:31]
OK Utah law requires the chair
to ensure that the public body
[3:07:38]
has annual training.
[3:07:39]
So this is Sean's insurance.
[3:07:44]
Provided by lease
that you're trained.
[3:07:48]
Thank you for helping out.
[3:07:49]
And when you're done with this,
you will be officially trained.
[3:07:55]
The act provides
that all meetings
[3:07:56]
are open unless they're
closed for a specific reason
[3:08:00]
or statutory or case law.
[3:08:03]
And we'll go through
that in a minute.
[3:08:05]
Meeting is defined as
a quorum in this case.
[3:08:08]
That before.
[3:08:11]
Five oh, OK.
[3:08:15]
You're right to discuss
or act upon a matter
[3:08:19]
over which the public
body has jurisdiction.
[3:08:22]
A meeting does not include a
chance or a social meeting.
[3:08:29]
Then this planning
commission has special rules.
[3:08:34]
That no member of
the and this is
[3:08:36]
outside the parameters
of open meetings,
[3:08:38]
but it relates back and forth.
[3:08:40]
And I'm sure I'm going
to get a question on it.
[3:08:42]
So I thought I'd just
bring it up anyway.
[3:08:44]
That no member of
the commission shall
[3:08:46]
have ex-parte
communication regarding
[3:08:50]
an administrative or rezoning
matter or applications
[3:08:54]
before the council.
[3:08:55]
And what's an ex-parte?
[3:08:57]
Communication means
a communication.
[3:09:00]
Electronic social.
[3:09:03]
Media regarding any of
those and we'll get to it.
[3:09:07]
A couple of examples
that help explain that.
[3:09:12]
Now, this is not intuitive.
[3:09:15]
This is anti intuitive.
[3:09:17]
This this section.
[3:09:19]
That nothing in this chapter
shall be construed to restrict
[3:09:23]
a member of a public
body from transmitting
[3:09:26]
an electronic message to other
members of the public body
[3:09:29]
at any time when the
public body is not
[3:09:32]
convened in an open meeting.
[3:09:34]
Well, if you can't
get together and talk,
[3:09:37]
but you can get together
electronically and talk.
[3:09:40]
It just anti-intuitive.
[3:09:41]
But that's the statute
and that's what's allowed.
[3:09:44]
But not during counsel.
[3:09:45]
When you can't say,
hey, how are you voting?
[3:09:47]
Oh, you know.
[3:09:49]
And John, does that have to be
through our Mill Creek email?
[3:09:53]
Nope it doesn't identify
just electronic message.
[3:10:03]
Somebody goes after you.
[3:10:07]
Grandma, then they could open
them up and clean up my inbox.
[3:10:12]
Unfortunately, you
get to clean it
[3:10:14]
out and then give it to Elise.
[3:10:16]
And then she gives it out.
[3:10:18]
Yeah the statute requires
a 24 hour advance notice
[3:10:24]
at least takes care of that.
[3:10:26]
And notice also required
a yearly notice at least.
[3:10:30]
Also takes care of that.
[3:10:35]
The notice that goes out
should be specific enough
[3:10:38]
to give a reasonable
person notification
[3:10:40]
of what's the matter,
what's on the agenda?
[3:10:43]
Now the chair in
their discretion.
[3:10:47]
May listen or may
allow topics raised
[3:10:51]
by the public that
are not on the agenda,
[3:10:54]
but you can't make a decision.
[3:10:58]
Yes Yeah.
[3:11:00]
Council chair.
[3:11:01]
Commission chair.
[3:11:05]
Because the rules are
a little different.
[3:11:07]
Well, I'm not for
open Meetings Law.
[3:11:11]
Written minutes,
which you prove here.
[3:11:15]
There's two types
written and recorded.
[3:11:18]
There's the recording
over there on top
[3:11:20]
of the little shelf by Elise
and the written minutes.
[3:11:25]
Elise is working on right now.
[3:11:27]
And those are the
ones you'll approve.
[3:11:28]
The written minutes
become the official record
[3:11:31]
of the action taken.
[3:11:34]
I haven't ever had this case.
[3:11:35]
But if somebody listens
to the recording
[3:11:38]
and it says AAA and the
written minutes, say B. The way
[3:11:43]
the statute says is
B wins, even though.
[3:11:47]
May actually be different.
[3:11:50]
What's that?
[3:11:54]
She can if you
approve the minutes.
[3:11:57]
Those are the official minutes.
[3:11:58]
Now, I haven't had that case.
[3:12:00]
A judge may do
something different,
[3:12:02]
but anyway, that's
what the statute says.
[3:12:06]
Then you can only hold a closed
meeting for specific purposes.
[3:12:11]
First, one character and
competency of an individual.
[3:12:17]
Or to discuss reasonably
imminent litigation,
[3:12:22]
you would have no reason to go
into a closed meeting for that
[3:12:25]
because that's not
within your purview.
[3:12:29]
Discuss purchase or exchange
or lease of real property.
[3:12:33]
Again, not within
your purview, but this
[3:12:35]
is open meetings, training.
[3:12:36]
So you're getting all of it.
[3:12:38]
Discuss the sale
of real property.
[3:12:41]
And this one might be
when the commission
[3:12:44]
is acting in a judicial
or quasi judicial status.
[3:12:50]
So this is if an appeal
comes to you, for example,
[3:12:53]
you can get together and
discuss how to decide the case.
[3:12:58]
In in a closed meeting.
[3:13:01]
What about if there was
like Mike Winder said, hey,
[3:13:05]
we have this idea,
I'm floating around
[3:13:06]
for this particular merchant.
[3:13:09]
In and wanted to talk
to us about that.
[3:13:11]
That would be a closed meeting.
[3:13:13]
Because not with the
planning commission.
[3:13:15]
He's going to have to divide
you up in pieces and parts.
[3:13:19]
So there's not a quorum.
[3:13:20]
And if he asks me,
that's what I'd tell him.
[3:13:23]
You can do that.
[3:13:26]
Yeah OK.
[3:13:27]
As long as there's not a quorum.
[3:13:30]
You just got to remember
what he told one group.
[3:13:31]
He tells the same
to the other group.
[3:13:33]
And we've done meetings
like that with you before.
[3:13:41]
Minutes of a closed meeting
are protected record.
[3:13:44]
Records under grandma.
[3:13:47]
So it can't be disclosed.
[3:13:53]
OK case study number one.
[3:13:56]
You've seen this one before.
[3:13:58]
Let's say it's five
planning commissioners,
[3:14:00]
because I can't count.
[3:14:03]
Five planning commissioners
have been properly
[3:14:06]
taught to shop local and
they run into each other
[3:14:09]
at the local Smith store.
[3:14:12]
And one of the
commissioners starts
[3:14:13]
discussing a request
for a conditional use
[3:14:16]
that's on council agenda.
[3:14:21]
One of you have to leave.
[3:14:23]
This is the recommendation
that you say that it's not
[3:14:27]
an appropriate forum
to discuss the matter
[3:14:29]
and change the subject.
[3:14:31]
Continue shopping or walk away.
[3:14:34]
You may not discuss the matter
and indicate how you will vote.
[3:14:38]
And wouldn't that apply,
though, even, let's say,
[3:14:40]
me in Victoria.
[3:14:42]
We shouldn't be talking.
[3:14:43]
We will get to that.
[3:14:44]
I got a specific example
to that coming right up.
[3:14:47]
Well, it's like
number five or 6, but.
[3:14:52]
OK number two, you're in
church and the constituent
[3:14:56]
comes up to you and wants
to talk about a new daycare
[3:15:00]
in the neighborhood.
[3:15:02]
That's a conditional use.
[3:15:05]
What can you do?
[3:15:06]
What can't you do?
[3:15:08]
Well, you can discuss the matter
because you're not a quorum.
[3:15:14]
But the PC rules are
planning commission
[3:15:16]
rules recommends
or says you can't
[3:15:19]
have ex parte communication.
[3:15:21]
Now the question is, is
that ex parte communication?
[3:15:24]
What I would recommend is you.
[3:15:26]
It's not appropriate to
discuss that in this forum.
[3:15:30]
And you continue your
worship or walk away.
[3:15:37]
We'll get to your
question later.
[3:15:40]
Facebook Dilemma.
[3:15:42]
While perusing the
Facebook, you encounter
[3:15:45]
a post about a daycare that
has a pending conditional use
[3:15:50]
application.
[3:15:51]
The post contains some
obvious misinformation.
[3:15:56]
Can't believe that happens, but
that you consider outrageous
[3:16:01]
and an intentional
misrepresentation and you want
[3:16:04]
to set the record straight.
[3:16:08]
Open meeting says you
can do what you want.
[3:16:12]
Pc rule suggests that you
close the post and say nothing.
[3:16:26]
What do you mean
for instead of them
[3:16:28]
the planning, the city council.
[3:16:30]
These rules were proposed
by the planning commission
[3:16:33]
and adopted.
[3:16:35]
How long ago is that?
[3:16:37]
Probably about 20 minutes after
the city was incorporated.
[3:16:41]
OK a couple of hours.
[3:16:43]
I mean, if you want
to look at them,
[3:16:44]
we can look at them again.
[3:16:48]
A question on that one.
[3:16:51]
Because occasionally
I will see I
[3:16:53]
don't get involved in all the.
[3:16:55]
Clamour that's going on.
[3:16:57]
Well, I'll say here's a
link to that has the packet.
[3:17:04]
You know, I'll put here's
a link where you can
[3:17:07]
find more information about it.
[3:17:09]
And I just put that in there.
[3:17:10]
But I'm not saying
anything about it.
[3:17:12]
To me, that feels like
that should be appropriate.
[3:17:14]
It's just information
that's public information
[3:17:16]
and it's just
linking them to the.
[3:17:18]
That's probably OK,
but I would think
[3:17:21]
it's in the city's interest.
[3:17:23]
Yeah yeah, me too.
[3:17:26]
Well probably is.
[3:17:29]
But I don't know if it's
your job to protect the city.
[3:17:33]
Well, no, I was.
[3:17:34]
It's even stuff about even.
[3:17:38]
Stuff that is coming to us.
[3:17:39]
Like, you know, people
make comments all the time
[3:17:43]
on like Facebook's old now.
[3:17:45]
So it's the neighbors app
like every single day.
[3:17:48]
There's just weird stuff.
[3:17:50]
And there are times too, I've
sent a couple and I'm like.
[3:17:53]
This is I'm not sure this
is correct information.
[3:17:57]
Here's a link to
the city's website
[3:18:00]
that has the factual data on it.
[3:18:02]
I think you're OK with that
if you do nothing more.
[3:18:05]
Yeah, I think I don't get
involved in the conversation,
[3:18:08]
but I don't either.
[3:18:08]
I think it was somebody
with a Porsche dealership.
[3:18:10]
Somebody was like, yeah,
they're going to take up
[3:18:11]
that whole parcel
and they're going
[3:18:12]
to build this huge building.
[3:18:14]
And so I just like, oh,
here's a link to the packet,
[3:18:17]
has some pictures.
[3:18:18]
It contains some
obvious misinformation
[3:18:21]
and is considered
outrageous and an
[3:18:24]
intentional misrepresentation
happens all the time.
[3:18:29]
And if you feel like
you need to give a link,
[3:18:32]
you're probably OK with that.
[3:18:34]
I wouldn't say anything more.
[3:18:36]
Yeah, I never would
give an opinion.
[3:18:38]
And I wouldn't even say that
this is where the accurate
[3:18:40]
information is, because
what the people are saying
[3:18:43]
is that's not accurate.
[3:18:45]
Yeah because then
you start expressing
[3:18:49]
your opinion that isn't
related to planning commission.
[3:18:52]
So I'll give you an example.
[3:18:54]
Somebody who was posting.
[3:18:55]
It's been a month or so
probably about something that
[3:18:59]
was going on in Mill Creek.
[3:19:02]
Like if it's not on
the council agenda,
[3:19:05]
if it's not on the
commission agenda, it's not.
[3:19:07]
Yeah Yes.
[3:19:11]
After it's over.
[3:19:12]
OK like you get a comment about
signs tonight or something?
[3:19:17]
Yeah, because it's over.
[3:19:20]
Well, at least our part
is right for the moment.
[3:19:26]
OK inspecting property.
[3:19:28]
You are a diligent
member of the commission
[3:19:30]
and you visit a
property that has
[3:19:33]
a pending conditional
use application
[3:19:35]
before the Commission.
[3:19:37]
Is there a problem with that?
[3:19:41]
No violation of
the Open Meetings.
[3:19:43]
No violation of the PC rules.
[3:19:46]
Best practices is.
[3:19:48]
You might want to explain what
you observed to the planning
[3:19:52]
commission at the open meeting.
[3:19:54]
Give them.
[3:19:56]
The benefit of your inspection.
[3:19:59]
Best practice not required.
[3:20:02]
And on that one I did.
[3:20:03]
I've done that a few times.
[3:20:04]
But I talked.
[3:20:05]
I knocked on the door,
told them who I was,
[3:20:07]
and let them up
front like I'm here.
[3:20:10]
Just get some information
from you, if that's OK.
[3:20:12]
They were always great, but told
them like because of, you know,
[3:20:15]
it's pending.
[3:20:16]
We can't talk about
my opinion of it.
[3:20:20]
And they appreciated
that and they we didn't.
[3:20:23]
Go down that path
with the conversation.
[3:20:25]
And then I did talk to
the commission like, hey,
[3:20:27]
so I visited this guy and I got
some additional information.
[3:20:30]
This is what it was.
[3:20:31]
OK permitted to ask.
[3:20:38]
If they're here?
[3:20:39]
Yes oh, you know what?
[3:20:44]
How about 4.5 right here?
[3:20:46]
While inspecting the
property and conditioning,
[3:20:50]
the owner comes out,
approaches, and wants
[3:20:53]
to discuss the conditional
use application.
[3:20:56]
Is that a problem?
[3:20:59]
It's not.
[3:21:00]
Well, we're not in
Minnesota and we're
[3:21:02]
not in Kansas or Kansas City.
[3:21:05]
I really have an
objection to this.
[3:21:09]
I have.
[3:21:12]
I mean, I guess I
can't change it,
[3:21:14]
but I felt like it
was really helpful.
[3:21:16]
It's not like I'm
going to be persuaded
[3:21:18]
by them any more than I
would be if they came here.
[3:21:22]
I feel like it closes
down information.
[3:21:24]
OK, so let's see
what my answer is.
[3:21:26]
All right.
[3:21:27]
It's not a violation of
the Open Meetings Law.
[3:21:29]
Right but it is a
violation of the rules.
[3:21:32]
Right which I
disagree with them.
[3:21:35]
So I think we should review our
rules best practice recommend
[3:21:41]
that it is not appropriate for
them to discuss this matter
[3:21:43]
and walk away.
[3:21:44]
Tell them to come and make their
case to the entire planning
[3:21:48]
commission.
[3:21:52]
Right I mean, you may have
gotten I'm just telling you,
[3:21:54]
you may have gotten
some good information.
[3:21:56]
But there's no
question in my mind
[3:21:57]
that that's an
ex-parte communication.
[3:22:00]
And you have information
that the rest of the body
[3:22:02]
doesn't have.
[3:22:03]
And that's the rationale for.
[3:22:06]
Not allowing you that part
that we all have information
[3:22:10]
in our heads that we use,
and if we didn't, we wouldn't
[3:22:13]
be on the planning commission.
[3:22:14]
So, I mean.
[3:22:17]
Well, that's true, but
that's about everything.
[3:22:19]
That's not about a
pending application
[3:22:22]
in front of the council.
[3:22:23]
I lived in a different system
and I don't agree with it.
[3:22:27]
But what we have and I will
follow what we're supposed
[3:22:29]
to do before I remember going
through some of this training
[3:22:31]
and maybe a few years
ago was OK for us
[3:22:36]
not to give opinions on it.
[3:22:37]
But then because I
would come back and say,
[3:22:39]
hey, I visited the guy and I
said this where I found out
[3:22:42]
I didn't talk about
opinions of it,
[3:22:43]
but I did gather
additional information.
[3:22:45]
I shared it and at least
the rules at that point.
[3:22:47]
So that wasn't an
ex parte as long
[3:22:48]
as the rest of the Commission
has the same information
[3:22:51]
that I got.
[3:22:51]
Right I remember that.
[3:22:52]
Well, that would be the best
practice if you're involved
[3:22:56]
in ex parte communication.
[3:22:58]
One one thing that
I think we could do
[3:23:01]
is Commissioner Lamar,
commissioner reed, John Brown
[3:23:07]
and I Let's go to lunch and talk
about amendments to the rules
[3:23:13]
of procedure that
are appropriate
[3:23:16]
and see if we can kind address
some of the concerns that way.
[3:23:20]
Yeah, because I think we could
iron out some of the details
[3:23:22]
and make sure that we're
still following the spirit,
[3:23:25]
but also make sure the language.
[3:23:27]
Yeah And we're not in
violation of the language.
[3:23:30]
There's a body of law around
the rationale for the rule
[3:23:35]
of no ex parte communication.
[3:23:37]
So just because we want to do
it doesn't mean we can or we
[3:23:41]
should, because there's
this body of law
[3:23:43]
that we have to look at and
see what we can do and not do.
[3:23:47]
For the record on that part, I
think we should not be talking
[3:23:50]
to the applicants
outside of this meeting
[3:23:53]
because it just seems
that it would appear
[3:23:56]
to be favorable or favoritism
and it just doesn't
[3:23:59]
seem like we should be talking.
[3:24:01]
We can visit the site, take
pictures, do whatever we want,
[3:24:04]
and share that back here.
[3:24:06]
But I disagree that or
I agree with the rule
[3:24:10]
and disagree with the comments
that we should be able to talk
[3:24:13]
to the pending applicant.
[3:24:15]
So could it be like, would
you be agreeable if we show up
[3:24:18]
as their private property,
like, hey, I want to,
[3:24:19]
you know, I'm on the
commission, I want
[3:24:21]
to look at a couple of things.
[3:24:23]
Is it permissible for me
to look at whatever it is.
[3:24:27]
But then just not talk?
[3:24:29]
To them about
getting additional.
[3:24:31]
I guess it's their option to
allow you on the property,
[3:24:34]
but it just seems like we
shouldn't be talking to them
[3:24:35]
prior to this public meeting.
[3:24:38]
That's my opinion.
[3:24:41]
If you want to
enter the property,
[3:24:42]
the planning commission has
authority to enter property.
[3:24:46]
Statutorily so it's
probably not a trespass,
[3:24:49]
but I wouldn't go on
anybody's property
[3:24:51]
without asking them regardless.
[3:24:53]
Yeah probably get shot
or get the dog after you.
[3:24:58]
I mean, one of them
was a while back.
[3:24:59]
And they had a horse property
there off 13th and little South
[3:25:02]
of 45th.
[3:25:03]
And I think he wanted
to build a stable.
[3:25:06]
But if you're talking
to him, there's
[3:25:07]
no question that's ex-parte.
[3:25:09]
Right but I was
just asking like,
[3:25:11]
so where is this
your property or is
[3:25:12]
this the neighbor's fence?
[3:25:14]
And then he was like, no,
this is my fence and this
[3:25:16]
and was that.
[3:25:16]
And I did come back and disclose
it because it helped to me.
[3:25:19]
It helped the commission
and me understand
[3:25:24]
like, where is his pasture
and where is that stream?
[3:25:27]
Oh, that's his
neighbor's stream.
[3:25:28]
I cannot argue
that it's helpful.
[3:25:31]
But that's ex parte
communication.
[3:25:34]
So we'd have to if we
wanted to do that, we
[3:25:37]
would need to update our rules.
[3:25:39]
But there's also this
body of law around it
[3:25:42]
that precludes it's
well, it's state law.
[3:25:47]
Some of judicially created.
[3:25:50]
The city council can go
and talk and they're not.
[3:25:52]
But all the difference.
[3:25:54]
Is there an elected official?
[3:25:56]
And their decisions
are legislative
[3:25:59]
and they can make it upon
save the well or whatever.
[3:26:03]
But you can't.
[3:26:04]
You have to have a rational
basis for your decision.
[3:26:09]
No, no.
[3:26:10]
And I mean, I agree.
[3:26:11]
I don't really want
someone to lobby me,
[3:26:13]
but I like to be able to talk.
[3:26:15]
Questions like
the kind of thing.
[3:26:19]
I can tell you it's a
problem, slippery slope.
[3:26:21]
Because when you
talk to the person.
[3:26:23]
And the person that
doesn't want it
[3:26:25]
hears that you talk to
the person who wants it,
[3:26:28]
then you've got a problem.
[3:26:29]
Then we got the
city has a problem.
[3:26:31]
And that's my that's my argument
for it should happen here.
[3:26:35]
So that all the people have an
opinion gets at the same time
[3:26:38]
because that's what I would
hate it if someone said, well,
[3:26:42]
why did you talk to them?
[3:26:43]
But you didn't talk to me.
[3:26:43]
I live right next door.
[3:26:44]
I don't I don't want
this retaining wall on
[3:26:46]
this property, you know, like.
[3:26:47]
And then the next
door one and the next.
[3:26:50]
It's a slippery slope never end.
[3:26:53]
My recommendation is, is if
they want to if they come
[3:26:56]
out like this, hypothetical.
[3:26:59]
Um, tell them to come to
the planning commission
[3:27:03]
and tell everybody.
[3:27:05]
Bring the pitcher or
whatever so you can explain
[3:27:09]
where the fence line is.
[3:27:15]
OK there's 4.5.
[3:27:19]
OK, so what are
your obligations?
[3:27:22]
Discuss and disclose
communication.
[3:27:24]
That's what you
did in that case.
[3:27:26]
And depending upon
what you heard
[3:27:29]
and when I talked to
Francis about this,
[3:27:31]
this is a drastic result. Or
you may want to recuse yourself
[3:27:37]
depending upon what you heard.
[3:27:44]
So this is not
necessarily a conflict.
[3:27:47]
They didn't, you know, slip
you $100 to vote for them.
[3:27:50]
You know, that would be
a conflict of interest.
[3:27:52]
But because it's got
to be 500 at least.
[3:27:54]
Yeah OK.
[3:27:58]
When you heard you were all
driving them, aren't we?
[3:28:02]
Have you seen mine?
[3:28:05]
So if you are allowed to buy
a Porsche ever in this room,
[3:28:11]
ever, ever.
[3:28:16]
So buy a Lamborghini
for all I care.
[3:28:18]
Just never, ever buy a Porsche.
[3:28:21]
A Ferrari maybe.
[3:28:22]
So if you're involved in
ex-party communication,
[3:28:25]
this is what your obligation is.
[3:28:26]
And this is exactly
what Chairman Lamar did.
[3:28:29]
Discussed or disclose
it to the council.
[3:28:32]
In the meeting you
discussed and disclosed
[3:28:35]
the ex parte communication.
[3:28:37]
Number five.
[3:28:39]
You are approached by
a fellow commission
[3:28:42]
member regarding a
pending conditional use
[3:28:46]
application one on one.
[3:28:49]
Is it a problem or is it not?
[3:28:53]
Drum roll.
[3:28:56]
Open meetings, no violation,
PC rule, no violation.
[3:29:01]
You can do it.
[3:29:02]
You can talk one on one
among the planning commission
[3:29:06]
as long as it doesn't
turn into a quorum.
[3:29:10]
So we can talk
about our opinions
[3:29:11]
and the virtues you favor.
[3:29:13]
You can talk to.
[3:29:15]
Yeah oh, Wow.
[3:29:16]
Did Victoria as
much as you want.
[3:29:19]
OK OK.
[3:29:23]
As long as it's one on one.
[3:29:24]
As long as it doesn't turn
into more than five people.
[3:29:26]
But if it's electronic,
you can do it.
[3:29:30]
Which is absurd, but
that's what it is.
[3:29:36]
OK number six.
[3:29:39]
You are confused
by a staff report
[3:29:42]
and you call staff
for clarification.
[3:29:47]
Good job.
[3:29:50]
What?
[3:29:53]
give us a second here.
[3:30:07]
OK we were at number
six, I think, right?
[3:30:12]
OK you call Francis.
[3:30:14]
Hey, what is you?
[3:30:15]
What are you talking about?
[3:30:18]
It is not a violation of
the Open Meetings Act.
[3:30:21]
It's not a violation
of the PC rules.
[3:30:26]
And it actually is probably best
practice to clarify with staff.
[3:30:33]
If you have question and
discuss it in the PC meeting.
[3:30:38]
Or I will.
[3:30:40]
Or we will.
[3:30:41]
Francis will.
[3:30:45]
Any questions?
[3:30:49]
You have been deemed trained.
[3:30:53]
Thank you.
[3:30:55]
Whipping us into shape.
[3:30:56]
There OK.
[3:31:01]
We need to do a motion.
[3:31:04]
I'll do that.
[3:31:04]
We have approval of the
January meeting minutes.
[3:31:09]
Thank you, Elise.
[3:31:10]
I think you put those together.
[3:31:11]
Was that alex?
[3:31:12]
That was Alex.
[3:31:14]
Did a good job.
[3:31:15]
I didn't read every
word for word, but.
[3:31:18]
You go browse through it.
[3:31:20]
Hopefully she didn't change him.
[3:31:23]
Because that's.
[3:31:23]
That's what makes
it so she could.
[3:31:26]
That's the.
[3:31:27]
So I make a motion to
approve the January 17
[3:31:30]
minutes as presented by staff.
[3:31:34]
Second and a second by Lofgren.
[3:31:39]
Nils Lamar made a motion and.
[3:31:43]
Lofgren the second.
[3:31:46]
All in favor say Yes or aye?
[3:31:48]
Aye anybody opposed?
[3:31:51]
Updates from the
planning director.
[3:31:56]
No Thank you all for everything.
[3:32:03]
I appreciate your time,
your willingness to.
[3:32:08]
Discuss with me privately.
[3:32:12]
And publicly issues
great and small.
[3:32:14]
I just really enjoy
working with you.
[3:32:16]
So thank you.
[3:32:16]
Thank you.
[3:32:17]
Thanks for helping craft
motions on the fly.
[3:32:20]
Does that help?
[3:32:21]
Yeah, if I write them
into the PowerPoint
[3:32:23]
presentation like that.
[3:32:24]
Yeah OK.
[3:32:26]
Because I don't want
to, like, lead you on
[3:32:28]
and I don't want to lead you
astray, but I want to of, like,
[3:32:31]
help you.
[3:32:32]
Yeah, so.
[3:32:33]
So I appreciate that.
[3:32:35]
Francis and then, you know,
we've had some light agendas.
[3:32:40]
What what is spring
summer look like?
[3:32:42]
Do you have any idea?
[3:32:43]
Are there a lot of
developers gearing up or.
[3:32:46]
I think it's going
to gear up again.
[3:32:49]
What what I think what
we're experiencing
[3:32:52]
is kind of an echo of
the high interest rates.
[3:32:54]
But now the interest rates
are beginning to go down.
[3:32:57]
You know, the Fed has
announced that they
[3:32:59]
plan on doing some cuts here
in the next quarterly meeting.
[3:33:02]
You know, I expect there's
going to be more interest.
[3:33:07]
Moving into summer.
[3:33:10]
So cool.
[3:33:11]
Yeah all righty.
[3:33:13]
We just need one more
motion to adjourn.
[3:33:16]
I'll make a motion to
adjourn our March meeting.
[3:33:19]
Second All in favor?
[3:33:21]
Aye any opposed?
[3:33:25]
Thank you for pizza as well.
[3:33:27]
Is this from the New.