Council Meetings - 17 October, 2017

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

11:30 AM, Tuesday, October 17, 2017

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

Business

1. A discussion on a conservation easement for Rock Canyon (17-085)
   The Rock Canyon Preservation Alliance has presented the idea of placing a conservation easement on Rock Canyon to preserve the property’s natural habitat in the future. Proposals for the easement have been reviewed by the Legal Department and Parks and Recreation. The latest information will be presented. We heard this proposal at the end of August. Since then, the proposed easement has been adjusted to make our lawyers happy. But now our Parks and Recreation Department has a counter-proposal. One that would protect even more land. I'd like to find a proposal that both our Parks (who will be maintaining the park and trailhead) and the Rock Canyon Preservation Association (who donated half the money to purchase the land) can get behind. Presentation only. This item will be brought back to a future Work Meeting. It really is a blessing to work with people who are passionate about serving the community and working together to bring about positive changes. Everyone engaged on this item has the best interest of the City at heart and are willing to listen and work towards the best solution. I have no doubt that we are close to having a proposal that everyone supports.
2. A discussion on the Geographical Information Systems (GIS) Division and the work they're doing for the 2020 Census (17-127)
   Preparations for the 2020 Census are beginning and local governments have a chance to update the Census Bureau’s residential address list so the Census Bureau can include every residence in the census. Provo’s GIS team will give an overview of the project. GIS is preparing for the 2020 census. In addition to being charged with providing every address in the City before the census, they are also developing tools to allow the public to propose the adjustments to the Council district boundaries (as they did after the last census). Presentation only. In addition to talking about the prepared presentation, we talked about the move of maps.provo.org away from Flash, and the difficulties in redrawing Council districts every ten years.
3. A discussion on a request for variance from Technology-Based Phosphorus Effluent Limits for the Wastewater Reclamation Facility (17-128)
   Provo City has been putting significant effort into investigating whether to upgrade or relocate the Water Reclamation Facility. Either course of action would enable the City to meet State phosphorus limits in the future that the current facility cannot achieve. In the meantime, the Council is considering whether to request a variance from the State phosphorus limits for the current plant. The purpose of the phosphorous limits is to lower the phosphorus level in Utah Lake, and the City is working with other entities to find alternative ways to reduce the phosphorous amounts in general. We are taking the effluent nutrient restrictions seriously. We are currently evaluating two courses of action, both will take time and a lot of money to implement. This waiver will allow us the time to make the proper, long-term upgrades. Presentation only. This item will be brought back to the November 14, 2017 Work Meeting. It is hard to know what infrastructure upgrades that we need to invest in when the State requirements are expected to change in 15 or so years, but no one knows what the requirements will be. Infrstructure is expensive and requires long-range planning.
4. An update on Council Communications (17-125)
   Council adopted the Open City Hall platform one year ago as one of its tools for public engagement. Council’s Community Relations Coordinator will be sharing information on the results of using Open City Hall as well as other tools for public outreach and discussion. It's always good to review the use of our tools to make sure they are providing adequate value for their cost. I have appreciated the feedback received through OCH and found it to be a helpful tool when serving on the West Provo Development Policy Committee. Presentation only. The Council Office and individual Council members are putting in a lot of effort to make it easy for interested residents to be able to easily stay informed. We are alway looking for ways to improve.
5. A discussion on adopting the Provo Parking Strategic Management Plan as a guide for decision making and policy formation (17-126)
   Council will be discussing whether they would like to officially adopt the Provo Parking Strategic Management Plan, developed by Kimley-Horn Associates, at a future Council meeting as a guide for decision making and policy formation. I'm anxious to see some changes to our parking paradigm in Provo. Hopefully, these steps will help us move efficiently towards a better state. Presentation only. This item will be brought back to the November 14, 2017 Work Meeting. We discussed whether we should adopt the high-level policies, or adopt the whole strategic plan, or some sort of hybrid of the two.
6. A discussion on the baching overlay (17-124)
   Jeremiah Maughan has been asked to discuss the existing state of the baching singles overlay plan and where it may possibly serve a purpose elsewhere in the city. He intends to discuss the difference between overlaying existing property versus making it available for new property. He also intends to talk about potential weaknesses in the existing ordinance based on how the particular demographic it services has changed over time. I believe we have a vision for what we'd like to see in this newly rezoned area on the west side of South State Street. Perhaps a tweaked Baching Singles Overlay is the right tool. Perhaps we'll need something else. Presentation and discussion only. We are interested in crafting some zoning that would allow for housing types and developments that would accommodate the desires and lifestyles of our young, single professionals.
7. A discussion on a proposed zoning ordinance amending Provo City Code 6.26.150 (17-104)
   The proposed ordinance would require landlords to have a written disclosure with any tenant or subtenant leasing from them. Council has discussed this in work and regular meetings, has held an open house and posted surveys on Open City Hall to get public input on the topic, and has held public hearings during the regular Council meeting. The item will return to the Council for a vote at the November 14 Council meeting. I'll be asking for ways to make sure landlords are disclosing the required information to tenants as the contracts are signed. Perhaps require a declaration as part of the business licensing process. A motion to keep the wording as “contract” was Approved 5:2, with Council members David Sewell and David Harding opposed.
   
   A motion to use an effective date of January 1, 2018 and for the Administration to bring a plan and budget for educating citizens, particularly those affected by the ordinance, on November 14, 2017 was Approved 7:0. Our council attorney realized that after the latest changes we made, what we were calling a contract in the proposal did not technically constitute a contract. He proposed changing "contract" to "disclosure and acknowledgment". I loved this idea, I feel it better describes what is required and I think it would go along way to addressing concerns and clearing up misunderstandings about what the proposal would require. Unfortunately the majority of the Council did not see it as I did. I am still interested in exploring this idea more, though.
   My other concern is that the way we are implementing it is not optimal to our ultimate goal which is for everyone to choose for themselves to voluntarily obey the law.
8. A discussion on above 25kW distributed generation (17-130)
   The Utah Municipal Power Agency (UMPA) has approved providing a way for commercial and industrial customers to install solar that would generate greater than 25 kW. This would incentivize solar installations while protecting utility and city budgets taking transfers into consideration. A change would need to be made to City Code to allow this. I feel that this is a step in the right direction. Presentation only. A draft of the ordinance will be brought to the November 14, 2017 Work and Council Meetings. I LOVE this approach. It is an elegant way to resolve a potentially thorny question. Basically, UMPA commits to buy all electricity produced at the prices it pays other energy producers, and the customer agrees to pay for all its energy usage at retail rates. It is fair and provides flexibility, predictability, stability, and sustainability.
   

   
   Policy Items Referred from the Planning Commission

9. Provo City Economic Development Department requests amendments to the General Plan text for the Spring Creek Neighborhood to allow for SLU#6614 Contract Construction Services and Heavy Manufacturing (M-2) Zoning, located at approximately 4000 South 2300 East. Current zoning is Planned Industrial Commercial (PIC). Spring Creek Neighborhood. (17-0004GPA)
   Originally the site of the Columbia Steel Mill, Economic Development has been in the process of remediating (make safe) the site for future development. Sunroc Corporation would like to purchase the property if they can use it as a storage facility for gravel and recycled concrete. Amendments to the General Plan are needed to change the use. See my notes for the next item. This item was already scheduled for the October 17, 2017 Council Meeting and the presentation was continued to the evening meeting. (See my report in the evening meeting.
10. Paul Washburn requests a Zone Change from Planned Industrial Commercial (PIC) Zoning to the Heavy Manufacturing (M-2) Zone for approximately 64 acres located at 3750 South Mountain Vista Parkway. Spring Creek Neighborhood. (17-0013R)
    Sunroc Corporation seeks a rezone to allow the property to be used as a gravel and recycled concrete storage and transfer facility. In reading the Planning Commission's report, there is some controversy over this proposal. There seem to be two main concerns. One, that this is a change from the original vision of the business/industrial park, and two, that the occasional concrete crushing may cause problems for the other tenants of the park. As I have served on the executive committee of the RDA, I have followed the negotiations on this project for some time. There is no question that this is a change in vision. The question is, does this opportunity, and the current conditions, warrant that change in vision?
    We are in the midst of a building boom. Having a materials storage facility nearby helps lower the cost of development.
    The more difficult question is who to believe about the impacts of concrete crushing. This item was already scheduled for the October 17, 2017 Council Meeting and the presentation was continued to the evening meeting. See my report in the evening meeting.
    

    
    Business

11. A discussion on the Transfer of Development Rights (17-129)
    Transfer of development rights (TDR) is a tool that has been discussed in the context of creating a plan for Provo’s Westside. TDRs can help government entities preserve certain types of land within their jurisdictions. In order to establish TDRs in a community, a government entity designates “sending areas” and “receiving areas.” In theory, TDRs remove development potential from the sending areas and increase development potential in the sending areas. This discussion is to see whether the Council is interested in creating a TDR program. I like the idea and innovative thinking behind TDRs. I am concerned, though, that they can drive up the cost of higher density housing which might otherwise be used to help us address the lack of housing that is affordable to a significant portion of the people who want to live in Provo. This item was continued to the November 14, 2017 Work Meeting. We ran out of time.
    

    
    Closed Meeting

12. The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
    Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above.

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PROVO MUNICIPAL COUNCIL
and REDEVELOPMENT AGENCY OF PROVO
and STORMWATER SPECIAL SERVICE DISTRICT Regular Meeting Agenda

5:30 PM, Tuesday, October 17, 2017

Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.
1. A presentation of the Employee of the Month for October 2017
   There is no information for this item in the document packet. I'm waiting in suspense to see who it will be! Presentation only. Trent Johnson, our Airport Operations Coordinator, is a perfect example of how Provo can provide such value to our residents and taxpayers. His competence and professionalism keeps our airport running smoothly, even with so few staff members. We all owe Mr. Johnson, and so many other Provo City employees like him, our heartfelt appreciation.



Public Comment

This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period. A number of residents raised important issues with the Council and Administration.



Consent Agenda

Items on the consent agenda are generally routine in nature, have been fully vetted in other meetings, or do not need additional discussion. They are approved together as one item.
2. August 8, 2017 Council Meeting Minutes
3. August 29, 2017 Council Meeting Minutes
4. September 19, 2017 Council Meeting Minutes
5. October 3, 2017 Council Meeting Minutes
6. A resolution consenting to the appointment of individuals to various boards and commissions. (17-089)
   The Mayor regularly makes appointments to various boards and commissions, with the consent of the Municipal Council. The following appointments will be presented to the Council for their consent:
   • Jeff Rose - Energy Board
   I appreciate Jeff's willingness to serve on the Energy Board. A motion to approve all items on the Consent Agenda was Approved 7:0.



Action Agenda

7. A public hearing on a supplemental resolution authorizing the issuance and confirming the sale of sales tax revenue bonds, Series 2017 of the City of Provo, Utah; and related matters. (17-113)
   The City will be issuing sales tax revenue bonds to finance the construction of a ramp at the Provo Municipal Airport. The ramp will connect the airport to an area that will be developed to include Duncan Aviation along with other future developments and provide general airport access. Just when we cleared the preliminary approval, the bond is ready to issue. We will find out on Tuesday what the interest rate will be. Approved 7:0. There were 8 bids for our bonds. The winner offered 2.43% interest. We continue to benefit from our long-term fiscal responsibility.
8. A resolution authorizing participation in the Small Business Loan Program administered by the Business Loans of Utah (BLU). (17-121)
   In an effort to strengthen small businesses, the Economic Development Department is proposing a revolving loan fund designed to stimulate redevelopment and utilization of deteriorated commercial and industrial properties. Funds for this program were appropriated as part of the FY 2017-18 budget. We previously approved our participation in this program, but there was a change so we are being asked to approve it again. The change was a good thing, in my estimation. Approved 7:0. This was a simple re-authorization after a small change to the program.
9. An ordinance amending the Zone Map Classification of approximately 2.29 acres of real property, generally located at 1282 North Geneva Road, from Agriculture (A1.5) to One-Family Residential (R1.8). Lakeview North Neighborhood. (17-0009R)
   This rezone request is to facilitate the creation of a seven lot residential subdivision that would include incorporating two existing homes. The property is currently illegally subdivided into five parcels and the proposed R1.8 zone is potentially inconsistent with the General Plan policies on density. Had a first hearing of this item at the October 3, 2017, Council meeting. We heard this item in our last meeting and the applicant requested a continuation so that the information that should have been submitted at the beginning of the process could be turned in. I can't see myself voting for this rezone unless Staff, the neighborhood, and the Planning Commission has had the opportunity to review and respond to the information. A motion to send this item back to the Planning Commission on the presumption that Mr. Chappell will provide the necessary information to staff in time for them to make a different recommendation. If the item has not been heard by the Planning Commission by the end of the year (December 13, 2017 is the last Planning Commission meeting before the year-end), then it will be considered an automatic denial. Approved 5:2, with Council members Kim Santiago and George Stewart opposed. I feel this is an example where the City and Council has been more than patient with a developer, but is still maintaining high standards to protect the community from poor development.
10. An ordinance to amend the General Plan text regarding land use at approximately 4000 South 2300 East to allow for contract construction services and heavy manufacturing zoning. Spring Creek Neighborhood (17-0004GPA)
    Originally the site of the Columbia Steel Mill, Economic Development has been in the process of remediating (make safe) the site for future development. Sunroc Corporation would like to purchase the property if they can use it as a storage facility for gravel and recycled concrete. Amendments to the General Plan are needed to change the use. See the preview of the next item. This item was continued at the applicant’s request. All the interested stakeholders gathered for the Work Meeting discussion that didn't happen because we ran out of time. Between the end of the Work Meeting and the start of the Council Meeting, the applicant decided to request more time. I'm hopeful that additional discussions between stakeholders will result in a proposal that all can get behind.
11. An ordinance amending the zone map classification of approximately 64 acres of real property, generally located at 3750 South Mountain Vista Parkway, from Planned Industrial Commercial (PIC) to Heavy Manufacturing (M-2). Spring Creek Neighborhood. (17-0013R)
    Sunroc Corporation seeks a rezone to allow the property to be used as a gravel and recycled concrete storage and transfer facility. Items 10 and 11 are related. This proposal represents a significant change in the planned uses in the Mountain Vista Business Park. The proposal calls for the rezoning and sale of the southern end of the Business Park, which is on the City border, to Sunroc to be used as a materials storage and processing facility, as well as to house some company offices. I do not see this as a "routine" item and fully expect it not to be voted on until at least the next meeting. See also the preview of agenda item 11 in the Work Meeting above. This item was continued at the applicant’s request. All the interested stakeholders gathered for the Work Meeting discussion that didn't happen because we ran out of time. Between the end of the Work Meeting and the start of the Council Meeting, the applicant decided to request more time. I'm hopeful that additional discussions between stakeholders will result in a proposal that all can get behind.
12. **CONTINUED** A resolution amending the General Plan by updating the Southwest Area Council Map. Fort Utah, Lakeview South, Lakewood, Provo Bay, and Sunset Neighborhoods. (17-0006GPA) (Notes: This item was continued by the Planning Commission on October 11th, 2017. It will be noticed again when it is assigned to future Planning Commission and Council dates.)
    Based on the policies developed by the West Side Planning Committee, a new committee was formed with key stakeholders from Southwest Area neighborhoods to take the next step toward an updated Southwest Area Plan. The group created a land use map and presented it at the October 11, 2017, Planning Commission meeting. It was determined that the item was not ready to move forward to the Council at that time. This item was continued by Planning Commission on October 11th, 2017. It will be noticed again for future Planning Commission and Council dates.



Stormwater Service District

13. An ordinance amending the Stormwater Service District Fee Schedule. (17-102)
    An intended new fee for stormwater pollution protection plans (SWPPP) was accidentally excluded from the fee schedule that was passed in June 2017. The goal has been to come up with a system for calculating the fee in a way that will cover actual costs of the inspections. We've been discussing this for a while now. I feel like we have made all the necessary tweaks. I would have like to have seen the fee come down a little more, but I trust in the analysis that this is a fair fee to cover the costs. Approved 6:1, with Council member Kay Van Buren opposed. No surprises.

Adjournment