Council approves Empire Pass rezone 4-1, $1.17 million Upper Main Street contract and $4.5 million in transit site contracts
April 27, 2023, 2:00 p.m. · City Council Chambers, 445 Marsac Avenue
On April 27, 2023 the council approved the rezone of a six-acre pod at the top of Empire Pass from Recreation and Open Space to Estate 4-1 (Council Member Ryan Dickey opposed), a $1,168,796 construction contract for Upper Main Street, and transit bus stop site improvements, shelters and program management totaling more than $3.4 million. Council members supported a five-year Kimball Art Festival agreement without a recorded vote and adopted several code amendments including bicycle parking and the sensitive land overlay. Work sessions covered public art, legacy mine soils, fees and a possible recreation bond.
From the approved minutes. Updated October 14, 2026.
Decisions at a glance
Agenda, item by item
Item Study · Presentation
Public Art Advisory Board update and legacy mine soil roundtable
Discussed
The art board reviewed projects and six proposed strategic plan projects; Rubell noted public art is funded at 1 percent of capital budgets and asked about a $100,000 request. Staff will bring soil ordinance changes on June 1 and asked for a budget for more soil sampling; Gerber suggested periodic blood sampling given development since the 1980s, when samples showed no arsenic impacts.
Item Work · Budget
FY24 fee schedule and capital project budgets; recreation general obligation bond
Discussed
Mayor Worel questioned raising the renter utility deposit to $175. Staff reviewed five bond scenarios for recreation projects. Rubell supported $9 million for pickleball and delaying the MARC expansion and outdoor ice; Gerber opposed a property tax increase for now but favored City Park building and aquatics funding; Dickey wanted to bond for as many projects as possible; Toly wanted public input first. Gerber said $25 million for affordable housing would go quickly. No vote.
Item III.1 · Other
Resolution 06-2023: Child Abuse Prevention Month
Approved · 5-0
Proclamation.
Item VI · Contract
Consent: quit claim deed, 516 Marsac Avenue design, Rail Trail design and invasive species removal
Approved · 4-1
Approved 4-1 with Rubell opposed and no reason recorded. Items were a quit claim deed for 910 square feet at 1154 Park Avenue at the owners' request, design services for the 516 Marsac Avenue project, Rail Trail amenities design and initial SR 248 overpass permitting, and hand-pulling invasive species.
- Contract$137,650 to Shape Architecture Studio LLC
- Contract$287,731 to Kimley-Horn
- Contract$175,000 to Jesus Rea Landscaping and Snow Removal
Item VII.1 · City code
Ordinance 2023-16: Land Management Code amendments and repeal of fractional use section
Approved · 5-0
Responds to state legislation and two homeowner associations' requests to prohibit nightly rentals in their subdivisions. Toly said the changes push nightly rentals into neighborhoods without associations; Dickey said picking specific neighborhoods could invite scrutiny; Rubell asked for a policy review of neighborhood impacts.
Item VII.2 · Contract
Kimball Art Center five-year special event license for the Kimball Art Festival
Discussed
The center requested a $180,000 city service fee waiver, based on actual costs and reported after the festival. Rubell noted the estimated economic impact is about $100,000 and asked about nonprofit support; Toly asked why attendance was half of prior levels, and the center said it moved from weekend passes to daily tickets. The minutes say council supported the contract changes including the waiver, but no motion or vote is recorded.
- Fee$180,000 to Kimball Art Center
Item VII.3 · Zoning
Ordinance 2023-03: rezone of Bransford property (Logan parcel) from Recreation and Open Space to Estate
Approved with conditions · 4-1
Allows two three-acre pods and two residences at the top of Empire Pass, subject to plat approval by April 27, 2025. An attorney for Extell Development, with Flagstaff interests, called the decision legislative and questioned zoning without proof of access. Dickey supported the two lots but said rezoning before plat approval creates risk and voted no; Gerber wanted predictability for future owners; Doilney supported the Planning Commission recommendation. The senior city attorney said the approach is common on larger projects. Rubell asked for a broader discussion of upcoming applications and council did not support it.
- Applicant: Bransford Land Company
- Acres rezoned: 6
- Current zone → proposed: Recreation and Open Space → Estate
Item VIII.1 · Roads and utilities
Resolution 05-2023: Neighborhoods First Streets Program
Approved · 5-0
Sets tiers for small projects under $10,000, pilots and complex projects over $10,000, with a website, resident portal and annual reports. Rubell questioned a county representative because priorities may conflict.
Item VIII.2 · Parks
City sponsorship of 2023 special events at McPolin Farm
Approved · 5-0
Six returning events are planned with capacity of 70; private events are not allowed. Dickey asked staff to consider allowing some private events; Toly and Gerber opposed and the mayor said there was no support to change the policy.
Item VIII.3 · City code
Ordinance 2023-17: resort support commercial and accessory uses
Continued · 5-0
Proposed limits include no meeting space, single-owner hotels, a cap of 5 percent or 5,000 square feet and no chain businesses, with childcare and bike storage as residential accessory uses. Dickey questioned why ownership structure matters and asked the Planning Commission to revisit it. Continued to June 12.
Item VIII.4 · City code
Ordinance 2023-18: bicycle parking requirements
Approved · 5-0
Requires enclosed bike storage at one space per three units for multi-unit dwellings with 10 or more units, with a fee-in-lieu option for zero-setback sites.
Item VIII.5 · City code
Ordinance 2023-19: Sensitive Land Overlay zone
Approved · 5-0
Updates cover ridgelines, vantage points, a trails master plan evaluation and steep slope materials.
Item VIII.6 · Roads and utilities
Upper Main Street improvements construction agreement
Approved · 5-0
Construction is expected to start in June, with Main Street reduced to one lane with alternating traffic and the trolley continuing. Two residents opposed, one saying only three of nine adjacent owners had spoken with staff. Lighting is not included but conduits will be installed.
- Contract$1.17 million to Staker & Parson Companies dba Parsons Materials & Construction
Item VIII.7 · Roads and utilities
Bus stop site improvements, shelters and construction management
Approved · 5-0
Funding includes two federal sources and county money.
- Contract$1.98 million to Beck Construction & Excavation, Inc.
- Contract$274,228 to Dimensional Innovations
- Contract$112,244 to WCG
Item VIII.8 · Contract
HNTB transit site improvements program management
Approved · 5-0
Covers about 150 bus stops, modeled on the Utah Transit Authority's approach, including outreach, procurement, construction management and FTA compliance.
- Contract$1.07 million to HNTB Corporation
Item VIII.9-11 · Subdivision
Plat amendments: 2460 Iron Mountain Drive, 2426 Iron Canyon Drive and Kings Crown Units B302 and B401
Approved · 5-0
Council approved three plat ordinances 5-0: 2023-20 corrects a lot lacking the standard 4,000-square-foot building pad; 2023-21 reduces a building pad from 4,000 to 3,998 square feet to allow a deck expansion; 2023-22 combines two Kings Crown units at 1271 Lowell Avenue without reducing required affordable units.
Item VIII.12 · Contract
20-year appendix with Rocky Mountain Power for Elektron Solar Project I
Approved · 5-0
The original deadline was missed, so the appendix was restated; completion is expected by late fall.
What residents said
Childcare fundingUpper Main Street designRezoning before plat approval
About 20 speakers supported childcare funding, citing PC Tots tuition increases, the workforce link to childcare and funding gaps. A film institute representative thanked the city for the festival's 40th year coming in January. Residents opposed or questioned the Upper Main Street plan.