I've pulled from multiple sources to give you a broad review and preview. I hope you find it helpful. The text in PURPLE was drawn from the meeting summary on the Council Blog. GREEN comes from the document packet. Click here for instructions on how to access the packet. BROWN comes from other sources (individually identified). As always, BLUE are my own words.
What Was Up?
COUNCIL WORK MEETING
1:15 PM, Tuesday, January 3rd, City Conference Room, 351 West Center
- A discussion on the programs and goals of the Utah Lake Commission
Presentation only.
The thing that surprised me most in this presentation is how involved they are in developing recreational activities on the Lake. Check out their website, if you are interested. - A presentation on Falls at Kelshaw Lane/Scott's Corner Project
Motion: Council Member George Stewart moved to recommend that the Council consider this application through the normal procedure. Seconded by Council Member David Sewell. Roll Call Vote: The motion Passed 7:0Discussed the project formerly known as Scott's Corner and how the developer had addressed some of the safety concerns. Council approved a motion to consider this land-use application through the normal application process.
In September we declined to rezone the property to accommodate this development and created the Westside Planning Committee. Community Development took that as a signal that the Council was not going to entertain rezone applications until the planning effort was concluded. They have been advising applicants not to proceed. The applicant felt like the project had been improved to address the Council's stated concerns and wanted to see if the Council would make an exception for this project as it had come before the Council before the Westside Planning Committee was formed. I voted to signal that we would consider this project, but I made it clear that I would only vote for the actual rezone if the project materially complies with the policies recommended by the Committee and accepted by the Council. These policies are still being developed, so there is some risk being taken by the applicant if they choose to proceed. - A discussion on Mayoral and Council compensation
Motion: Council Member George Stewart moved to select Alternative 2 and direct staff to prepare an ordinance to be approved before the Council at the January 17, 2017 Council Meeting. Seconded by Council Member David Harding. Roll Call Vote: The motion Passed 6:1. Council Member Kay Van Buren opposed.
Council approved a proposal to create a process for independent review and recommendation of Council compensation by including it in the existing mayoral compensation review process, with the same structure and similar timing as already established. Staff will prepare an ordinance to be considered at the next Council meeting, with the goal of appointing the Elected Officials Compensation Commission in February 2017, work completed by the end of April 2017, and any compensation changes to take effect in January 2018.
In his newsletter, my colleague David Sewell wrote this: "A process was established in City Code 4.04.120 to provide for a Mayoral Compensation Commission to recommend adjustments to the Mayor’s salary every four years. This proposal would include Council members in that process so that the compensation of all elected officials is reviewed by the same independent body in the same way and at the same time (every four years) as is done for the Mayor. In our Council-Mayor form of government, the Mayor is a full-time position. Serving on the Council is a part-time position, but many Council members work 20 or more hours a week. The Mayor’s salary was adjusted four years ago to $109,500. Council member salaries were last adjusted in 2006 to $12,000." - A discussion on amendments to Chapter 4 of the Council Policies and Procedures Handbook
Motion: Council Member David Knecht moved to continue further discussion of this item to the next work session on January 17, 2017 in which 30 minutes will be allocated for discussion. Seconded by Council Member George Stewart. Roll Call Vote: The motion Passed 7:0I feel these changes will help the Council to be more efficient and effective in our meetings. - A presentation on zoning in the Provost Neighborhood
Presentation only.
"Hannah Petersen, Provost Neighborhood Vice-Chair, presented statistics regarding zoning violations in her neighborhood as well as some recommendations for improving zoning compliance in Provo. Community Development also presented some potential options for improving zoning compliance. Further discussion and formation of a committee to address the issue will take place at the January 17 work meeting."
For years Ms. Petersen has been working with others in her neighborhood and nearby neighborhoods to address zoning violations and their negative impacts on the community. The efforts of these residents have been very helpful to the Council and Administration in identifying problems with our ordinances and our enforcement. We were very impressed with the changes that they recommended and are incorporating them into the changes that we are considering as we try to better address these challenges. - An update on the Council Priority concerning zoning enforcement, and a discussion on what to do about zoning in the future
Motion: Council Member David Knecht moved to discuss this item, forming a committee, and mission statement at the Work Meeting on January 17, 2017. Seconded by Council Member George Stewart. Roll Call Vote: The motion Passed 7:0
Possible changes, as presented by Community Development:- Pool of money to fund civil cases/dedicated attorney
- More liberal requesting of tax returns
- More liberal requesting of bank statements
- Post rental information on the back of the main door
- Good Neighbor Task Force
- Immediate suspension of license for certain violations
- Immediate suspension of license if contact information is not current
- Administrative warrants
- Require that the property owner have a contract with each tenant/resident
- Email owner and/or manager if any type of police visits w/a cc to BYU Off-Campus Housing
- Police deliver Notices for certain cases
- Clarify the definition of "family"
- Change the definition of visitor (shorten the time frame)
- Have a form for property owners/managers to update information every year
- Make it easier for the public to see who has a RDL
- Uniforms for zoning officers
- Real Estate agents to disclose occupancy and legal use at time of closing
- Zone Verifications available for free
- Have RDL applicants/property owners sign a statement that they will obey the laws
- A discussion on a resolution authorizing the Redevelopment Agency of Provo City to enter into an agreement with the Department of Housing and Urban Development for the purpose of seeking funding for the infrastructure necessary for the expansion of Duncan Aviation.
Presentation & discussion only. This item will be heard by the Council on the January 17, 2017 Council Meeting.
In the preview to this meeting, I wrote of my concern that the primary funding vehicle that was being proposed was not the one that the Council had asked for. After some discussion and more careful review of the minutes it was apparent that I was wrong and this proposal is in line with the direction agreed upon the last time we discussed this project. - Closed Meeting
A closed meeting was held.
COUNCIL MEETING
5:30 PM, Tuesday, January 3rd, Council Chambers, 351 West Center
- Recognition of Louise Jorgensen, Council Executive Assistant, as she retires.
Presentation only.
Public Comment - The election of Municipal Council officers; chair and vice-chair. Nomination of David Sewell as Council Chair (7:0) and David Knecht as Council Vice-Chair (7:0)
- A resolution acknowledging the election of the chair and vice-chair of the Provo Municipal Council for calendar year 2017.
Approved 7:0. - The election of Redevelopment Agency of Provo officers; chair and vice-chair. Nomination of George Stewart for RDA Chair (7:0) and Dave Harding as RDA Vice Chair (7:0)
- A resolution appointing the chair and vice-chair of the Redevelopment Agency of Provo City for calendar year 2017.
Approved 7:0.
David Sewell was elected 2017 Council Chair and David Knecht was elected 2017 Council Vice Chair. Leadership for the Redevelopment Agency remains the same this year as George Stewart was elected again as Chair and David Harding as Vice Chair.
I'm grateful for the time and effort that Ms. Santiago and Mr. Sewell put into leading the Council in 2016. We were able to accomplish many things. I grateful to Mr. Sewell and Mr. Knecht for being willing to serve this year, and look forward to achieving great things with them in 2017. I enjoyed serving with Mr. Stewart on the RDA Executive Board, look forward to continuing our work this year and appreciate the support of the other Board/Council members. - A resolution authorizing eminent domain proceedings on the properties generally located on 3110 West from 435 South to Center Street and west along Center Street to 3240 Center Street in order to acquire right of way for Phase 1 of the Lakeview Parkway.
Approved 4:2. Kay Van Buren and David Knecht opposed; David Sewell abstained.Council originally heard this item at the December 6 Council meeting and voted to continue it in order to request additional information. The information was received and reviewed before the January 3 meeting and is available on the Council's blog. Council invited public comments and asked additional questions of City staff involved in the project. The resolution authorizing eminent domain proceedings in order to acquire right of way for phase 1 of the Lakeview Parkway project passed.
Authorizing eminent domain is like getting a root canal, it is extremely painful and should only be done to head off greater problems for the public down the line. It is hard to summarize something that I've already talked and written so much about. For me, this vote was about reaffirming the plan, study, and work that past Councils did. I still hope that negotiated settlements will be found with every property owner, so that eminent domain will not be used. - An update from the Solar & Energy Committee. Motion to direct staff to prepare an ordinance adopting the Solar and Energy Committee Recommendations.
Approved 7:0.
Don Butler, Vice Chair of the Solar & Energy Committee, presented the recommendations approved by the committee. Council staff has been directed to prepare an ordinance adopting the committee's recommendations and bring it to a future Council meeting:
Net metering rate of $0.06742kWh, with credits wiped out at a prescribed time each year.
Grandfathering of existing customers (as of 10/4/2016) to receive the current published net metering rate.
Starting March 31, 2017, increase the customer service charge gradually to the recommended base rate over the next four years and decrease the energy rate to remain revenue neutral.
Re-evaluate solar rates in three years.
Examine ways to make the utility bills more transparent.
I am impressed with the recommendations that came from this Joint Commission. They exceeded my expectations. I believe enacting these policies will be a strong interim step to put us on the right path as we learn more and the shape of the energy landscape settles over the next few years. - A public hearing on a resolution to adopt the Southeast Neighborhoods Plan as a component of the Provo City General Plan.
Motion to Continue the Item to the March 7, 2017 Council Meeting. Approved 7:0.
The effort to craft the Southeast Neighborhoods Master Plan has been going for years. It has been before the Council previously but was sent back for more work. There has been a feeling that we should pass the Plan because there will always be things that can be improved, as well as opportunities to make those improvements. Then feedback was received from a resident shortly before our meeting. It made several good suggestions and asked some good questions. Community Development suggested that the Council could make any changes as we saw fit. During the meeting, I said something along the lines of, 'I don't like the idea of the Council making changes in the final hour without them getting vetted by the public process and Planning Commission.I don't like the idea of putting the Plan in place, even for five years, if there are significant deficiencies or things that we wouldn't want to see happen.I don't like the idea of sending it back for more work and restarting the public process'.Even though there was a lot of momentum behind the plan, the Council ultimately decided to hold off approving it until the feedback could be properly considered. If substantive changes are made, I am torn over whether I should push for it to go back out for public comment and before the Planning Commission again. - A public hearing on an ordinance amending Provo City Code to allow for increased signage opportunities in the DT1, DT2, ITOD, Gateway, and West Gateway zones.
Approved 7:0.
I see these as mostly tweaks to the signage regulations created for the Downtown zones.
What's Coming Up?
COUNCIL WORK MEETING
12:30 PM, Tuesday, January 17th, City Conference Room, 351 West Center
- A discussion on incentivizing quality infill
This item was originally scheduled for the Council’s Development Approval Process Review Retreat on January 12, 2017. However, due to insufficient time, the Council postponed the item to the January 17th, 2017 Work Meeting. The item is time-sensitive because it could affect the work of the Council West Side Planning Committee.
I think the best way to incentivize quality infill in Provo is to require high standards for green-field development in Provo. - An introduction to the new budget format
As the City begins using the new Provo 360 system this year, the Finance Department will be updating the budget format to reflect the various functions of each department. For example, the Council budget will be divided into legislative and administrative categories. John Borget and Dustin Grabau will be presenting on these changes so that Council members will know what to expect when they see future budgets.
I'm excited to see this presentation. The Mayor has tried to temper expectations, but, from what I've seen, the City will be far better served by the new Provo 360 system and the level of information that it will provide to be used in things like budgets. From the description, these changes sound like they are a step in the direction of priority based budgeting. - An overview of the latest Capital Improvement Projects report
The actual report is not part of our document packet, so there isn't much to comment on until after the meeting. - A review of the Engineering Department's Consolidated Fee Schedule
The Engineering Department conducted an extensive fee review internally five years ago. Since then, costs to perform the same services have changed. The fee schedule has not been updated to reflect the changes in most of the fees. Therefore, to better capture the actual direct costs, Council staff conducted a fee review to assess and update office and field time and material costs.
After looking over the documents, my thoughts are that the way we structure asphalt inspection fees doesn't make sense, that we might consider getting closer to full cost recovery, and that we might consider charging more for asphalt cuts on more recently paved roads like other municipalities. - A discussion on amendments to Chapter 4 of the Council Policies and Procedures Handbook
During the Work Meeting on December 6th, 2016, the Council unanimously approved Phase 1 of proposed changes to Chapter IV of the Council Policies and Procedures Handbook (regarding formatting). The Council continued the discussion of Phase 2 (regarding content changes) to the January 3rd, 2017 Work Meeting. Due to insufficient time at that meeting, the item was continued to the January 17, 2017 Work Meeting for further discussion.
I've addressed this item many times because it has been continued twice so far. I support these changes. If you are interested in learning about the proposed changes to the Council's policies and procedures, I recommend reading this document. - A discussion on forming a zoning committee
At the January 3rd, 2017 Work Meeting, Hannah Petersen—the Provost Neighborhood Vice-Chair—and Gary McGinn—the Community Development director—presented several recommendations for improving zoning enforcement and compliance in the City. The Council discussed forming a small committee that would consider and prioritize the zoning recommendations that had been presented. Council members decided to create the Zoning Committee at the next work meeting on January 17th, 2017.
See items 5 and 6 in the 3 Jan Work Meeting report above. - A discussion on Council Priorities and Goals for 2017
At the beginning of 2016, the Council identified nine priorities to pursue throughout the year. Council staff will provide an update on the progress of those original nine priorities, and Council will discuss what to do moving forward.
The document packet contains a status review of our 2016 priorities. It is pretty sobering to see how much work remains to be done. I feel like we've made good progress on many of our priorities, but it would be good to check off a few priorities. - A discussion on Long Term City Goals
Identify goals that the Council will pursue that will require years to accomplish.
I actually would prefer to have "Active Priorities" and "Prospective Priorities." As I experienced last year, priorities can often take multiple years, or at least don't neatly fit into calendar years. Rather than goal setting once a year, I think it would be good to continually evaluate and communicate what we are actively pursuing. When there are priorities that we want to work on, but can't get started either because we are working on higher priorities, or there are prerequisites, we could list them as "Prospective Priorities." And we would choose from our Prospective Priorities when we accomplish an Active Priority. For example, we "General Plan Update" as one of our priorities last year. Once we started working on it, we felt that we needed to update the Vision 2030 document first. We are now nearing completion of the vision update and will be able to get back to work on the General Plan update. We could have move "General Plan Update" from our active list to the prospective list. - A discussion on 2017 Council Assignments for Boards, Committees, and Liaisons
Current Council member assignments are listed in the document 2016 Council Boards and Committees Assignments. The Council will review those assignments and make any changes during the January 17, 2017 Work Meeting.
Much of the work of the Council is accomplished in these committees. - An update from the Council Budget & Audit Committee
The Council Budget & Audit Committee met on January 4th and discussed the Solar & Energy Committee’s recommendations to the Council. Members of the Budget & Audit Committee supported the recommendations, and they wanted to relay that support to the Council. In addition, the Committee discussed how to move forward in gaining a better understanding of the City’s budget. Members agreed that focusing on one area of the budget at a time would likely be the most effective way to proceed. The Committee is interested in first reviewing the Water Fund.
I'm glad that the Budget & Audit Committee is supporting the recommendations of the Solar & Energy Committee. There are some significant structural changes to the structure of energy billing for our residents. I hope the public will appreciate the reasons behind these recommendations. - Closed Meeting
COUNCIL MEETING
5:30 PM, Tuesday, January 17th, Council Chambers, 351 West Center
- A presentation of the Provo Bicycle Committee's Silver Recognition from the League of American Cyclists.
Read more. - A presentation of the Employee of the Month for November 2016, to Officer Tyler Nisonger, Police Department.
Officer Nisonger is my neighbor, so it is fun to see him earn this honor. It seems like it has only been 5 or so years since he was last recognized, so he must be doing some exceptional work.
Public Comment
- A public hearing regarding a proposed expansion of the Foothill Park Parking Permit Area.
The purpose of this public hearing is for the Council to “determine the level of public interest in the proposed (expansion) and may thereafter vote to direct that a study of the proposed permit parking area be undertaken.”
A permit parking area already exists. There is a request to expand the area to include a recently created street which is experiencing the parking problems that the rest of the area experienced before the permit parking area was created. - An ordinance codifying a process for determining Council member compensation.
It is proposed to create a process for independent review and recommendation of council compensation by including that process in the existing mayoral compensation review process and renaming the commission the Elected Officials Compensation Commission, with the same structure and similar timing as already established. Said commission would be appointed in February 2017, and then complete its work and make recommendations in time for the first regular Council meeting on April 11, 2017, with any changes to council member and mayoral compensation to take effect in January 2018 when new terms of office commence.
What an awkward item! I support making this process as independent as possible. - An ordinance amending and enacting new Provo City Code provisions regarding distributed generation (including solar generation) by residential customers of Provo City Power.
This item would implement the recommendations that were developed by the Solar and Energy Committee. See item 9 in the above Council Meeting report, or better yet, the item 9 from the Council Meeting preview. - A resolution authorizing a Section 108 program application to the Department of Housing and Urban Development for the purpose of funding the infrastructure necessary for the expansion of Duncan Aviation.
The Redevelopment Agency Board [will] conduct a public hearing for the purpose of considering the merits of utilizing a Section 108 Loan for to fund infrastructure improvements necessary for Duncan Aviation’s expansion.
The purposes of this proposal are to "pursue economic development initiatives" and "Job Creation and Diversification." - A resolution appropriating $300,000 in the Airport Fund for design work applying to the fiscal year ending June 30, 2017.
This item is related the previous item, as well as, item 7 in the Work Meeting report above. - A resolution of the Municipal Council of the City of Provo, Utah, declaring official intent with respect to certain expenditures to be reimbursed from proceeds of an obligation to be issued by the City; and providing for related matters.
This item is also related to item 6. We are committing to reimburse ourselves with future tax increments generated by the airport expansion project. Other taxing entities (like the County and School District) are also committing to reimburse the City.
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