Providence signs on to cooperative highway pact for SR165

By Graham Terry

October 20, 2008 | PROVIDENCE -- The City Council voted unanimously to approve the Cooperative Corridor Agreement on State Road 165, even though Mayor Randy Simmons and other council members voiced dissatisfaction with the measure.

"I feel we are in between a rock and a hard place," Councilman Dale Astle said.

The agreement deals with federal highway classifications, which the Utah Department of Transportation uses to govern the amount of commercial access points can be built along a road, in this case SR-165. Currently SR-165 is considered a category three road, meaning there is no access to the road without a traffic signal, and traffic signals are allowed no more than every four blocks. By approving the CCA, the council changed SR-165 to a category four, which allows for commercial access every 500 feet.

Mayor Simmons and some council members wanted the road designated category five, which allows for even more access points and makes the stretch of highway more desirable to commercial developers.

SR-165 heading north from the Maverik gas station in Providence and into Logan, where the road becomes US-89/91, is an example of a category five road. However, much of US-89/91 in Logan is overdeveloped. Newer developments, such as the TJ Maxx shopping center located just north of 1000 North on US-91, feature fewer access points to the road and allow for vehicle travel between retailers via frontage roads which are considered part of the parking accommodations. This is the solution Providence will use as its stretch of SR-165 becomes more heavily developed.

In other business, council members Kathy Baker and Ron Liechty voted against Resolution 08-042, but yes votes from John Russell, David Low and Dale Astle won a victory for a pioneer monument, to be constructed at Center and Main in Providence. The Old Rock Church donated the northwest corner of its lot to the city for the monument, which will be delineated from its property by a 4-foot fence.

Astle, who is president of the non-profit group to restore the monument, said the cost of upkeep on the monument will be low, mainly consisting of staff hours to perform snow removal. The monument will be lit by a conduit beneath the sidewalk and irrigated with a drip system separate from the Old Rock Church's.

Councilman Dave Low said that the monument might make it appear that the city favors the Old Rock Church, since construction of a monument would seem to enhance the value of its property, but that is not the intent of the resolution, and so he was comfortable voting in favor of constructing the monument at the proposed location.

The council also voted 5-0 to approve Ordinance No. 010-2008, which adds a definition for adult-oriented businesses, adds standards for conditional use permits, and adds adult-oriented business as a conditional use in the commercial general district zone.

The council also heard reports from Chris Sands, a Cache county planning commissioner lobbying for the ballot measure Proposition 1, and from Deon Johnson, the Providence representative on the mosquito abatement trustees board.

Sands said if Proposition 1 is passed, residents would pay into a $10,000,000 fund which then would be used to purchase development rights to certain farms and ranches in the valley, thus retaining these properties as green space as the population of the valley grows. Any funds created by taxing valley residents will be matched by state and federal dollars.

"Typically, the amount of money quadruples," Sands said.

By preventing farms and ranches from being developed, Proposition 1 would protect air and water quality, working farms and ranches, wildlife habitat, scenic views, trails, and other outdoor recreation opportunities, as well as maintaining a rural feel in the valley. The deed restrictions on properties remain in perpetuity, Sands said.

Sands took questions from audience and council members for some time, elaborating on how development restrictions would work. Language of easements could vary widely depending on the type of land and the needs of the seller. Easements could be structured to allow public access to lands or not, as the seller wishes. Easements could even be structured to allow for partial development, single-family homes for example. Most easements, Sands said, are structured so the seller of rights pays money back into the bond, turning a tax liability into a tax benefit.

Astle asked why residents will pay into the bond at a higher rate than farmers and ranchers, and Sands pointed out that ranchers and farmers receive 40 to 50 cents worth of services for every dollar they pay in taxes, whereas residents usually receive $1.50 worth of services on the dollar.

Proposition 1 has been endorsed by the Mendon City Council.

Johnson said the mosquito abatement district is a fine program and is doing well. Although the program was budgeted to spend $180,000 last year and cost $250,000 to operate, Johnson said, "we're not as bad as the stock market yet."

Logan city is getting the best benefits of mosquito abatement while paying the least, Johnson said, but talks are underway with Logan Mayor Randy Watts to possibly conform to the state's vision of county-wide mosquito abatement.

"The biggest problem with mosquito abatement is bees," Johnson said. "If we wanted to get rid of all the mosquitoes we could do it in a very short time. But the bees, butterflies and other insects would go too. The program's not for that."

Johnson said that while the District honors property owner's requests to not be sprayed, and will not spray within 300 feet of the property if a no-spray request is made, they would like to move in closer and begin spraying inside the 300-foot buffer zone. Finally, Johnson mentioned that anyone who is having a wedding or outdoor party can call the District and "they can come and hit the area real hard with the fogger."

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