Council Meetings - 21 November, 2017

***Update:
Regardless of where you stand on the Golf Course/Medical School question, every resident of Provo should be grateful for the remarkable management by our Parks and Rec team which has turned a struggling course into a gem for our community, a destination that draws far more than your stereotypical golfer, and is on the verge of eliminating the public subsidy, something that is nearly unheard of for a public course. We should also be grateful to live in a community of such quality that it is a top candidate for a medical school, and that there are people willing to invest in our community and address the physician shortage in our state and nation. Many of the people involved have long been contributors to our community.

I'm very pleased with how the Sanitation proposal turned out. I think it is a prime example of good governance and what can happen when ideas are refined through the approval process.***

The Golf Course/Medical School item is likely to get the most attention. No decisions will be made and no public input will be taken until later.

The first look at potential recommendations for changes to the Neighborhood Program is of particular interest to me.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, November 21, 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. Presentations on the proposal to build a medical school on a portion of the East Bay Golf Course (17-136)
   Provo City has received a proposal that would involve building a medical school on a portion of the East Bay Golf Course. This item will feature two presentations—one by representatives from Wasatch Educational regarding the medical school proposal and the other by representatives from the East Bay Golf Course. Staff will make concerted effort to share presentations from this discussion with the public between November 21st and the Council meeting on December 5th. The Council will receive public comment on this item at the December 5th Council Meeting. The goal is to provide details to the public and the Council regarding the medical school proposal and the current status of the East Bay Golf Course. This will be the first time that we hear all of the details of the proposal, and first public presentation on the current state of the Golf Course. The first opportunity for public comment in an official meeting will be on December 5^th. I recommend interested people on both sides to review the information that is presented and not wait until December 5th to contact your representatives. Presentation only. "Presentation only" is quite the summary. The interest in this item brought so many people to the Work Meeting that we had to relocate to the Council Chambers. Wasatch Educational, which runs Rocky Mountain University of Health Professions, presented on the local and national need for physicians, the impact of the proposed medical school, and details on the timing and scope of the proposal. Representatives of the East Bay Golf Course then presented on the impact that the golf course currently has on our community and the impact that the proposed medical school would have on the course.
   We did not take any public input. At our December 5th meeting we will decide if we want to schedule a public hearing to decide if the property should be surplused. We will take public comment then (but I don't recommend waiting for a public meeting to voice your feedback). If we decide to go forward with the hearing, it would likely occur on January 9th. Below is a site plan for the proposed medical campus, including the timeline. And here is the best site to get the details and register your preference and ideas with the Council.
   
2. A discussion on the Accessory Apartment Overlay Zone, the Supplementary Residential Overlay Zone, and related zoning topics(17-137)
   At the request of various Council members, Gary McGinn from Community Development will go over the differences between the Accessory Apartment Overlay Zone (A Overlay), the Supplementary Residential Overlay Zone (S Overlay), and the provision allowing citizens who are 65 years and older to have accessory apartments. The goal is to provide Council members with a clear understanding of the differences between specific overlay zones in the City Code. I've been at this for years and everytime I think I understand the occupancy regulations in Provo, I learn of a new wrinkle. I hope the presentation also includes information of occupancy regulations for areas not under the overlays to give context for what the overlays do. This item was continued. Item 1 took more than twice its allotted time and bumped the next two items.
3. A discussion on adopting the Provo Parking Strategic Management Plan as a guide for decision making and policy formation (17-126)
   This is a follow-up to a series of discussions Council has had with Provo City’s Parking Administrator. 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. As I've written here before, I want to follow the recommendations of the Parking Strategic Management Plan which was written a few years ago by a consultant. The plan calls for a mission and vision statement, as well as guiding principles to be adopted. It doesn't call for the plan itself to be adopted. I think it is prudent to stick to that level of detail in our adopted policies. This item was continued. Item 1 took more than twice its allotted time and bumped the next two items.
4. A discussion on proposed text amendments to Title 11 regarding sanitation services (17-123)
   This is a follow-up to the discussion at the October 3, 2017, work meeting to establish a minimum requirement for sanitation services at all residential dwellings throughout the City.
   The purpose of this proposed text amendment is to ensure residential participation in the curbside garbage collection (black can) to maintain revenue and provide clarification in the Sanitation code for minimum requirements for residential waste collection.to ensure that each residential unit is providing for adequate waste removal. This will be voted on at the November 21 Council meeting. I support the clarification that all inhabited dwellings must have some sort of garbage service. I support having a minimum weekly capacity per dwelling. I'm not convinced yet that 95 cubic feet is the right weekly capacity. I need to ask how this might apply to rest homes or other situations where less garbage is produced per unit. A motion to amend the ordinance to read “Regardless of collection method, the owner of any dwelling may be required by the Public Works Department to provide up to 95 gallons of refuse waste capacity per week for each dwelling in order to satisfy Provo City Code 11.01.050(13)” was Approved 7:0. This item was already scheduled for the November 21, 2017 Council Meeting. These are the moments that make serving on the Council worth it. We have a fairly sensible law that says landlords need to provide enough garbage capacity for their tenants. A vast majority of landlords would do this anyway, but despite the law, some landlords don't and it causes problems with trash being left on the ground as well as trash being dumped in neighboring dumpsters. Our Sanitation division works with these landlords, but some are not cooperative. Unfortunately, "enough capacity" is difficult to prove in court so, despite being a sensible law, it is difficult to enforce. The proposal was to require all landlords to provide at least 95 gallons per week of garbage capacity for each occupied unit. This is a hard number that is much easier to enforce. This amount should cover almost any circumstance, but is likely overkill for many situations. This may be an added burden on landlords who are in compliance with the current standard but aren't providing 95 gallons. During our deliberation, and in response to our concerns, Dave Decker, the Director of Public Works, proposed a modification. Instead of requiring all residential units have 95 gallons, it gives Public Works the ability to require 95 gallons for any unit. This way, only the problematic properties will be required to meet that standard, but Public Works will still have the tool to make enforcement easier.
   Throughout the discussion over the past couple of weeks, this item has reminded me of the Rental Contract proposal. We are adding a burden onto all landlords in order to ease enforcement on the non-compliant ones. I wonder if we can learn from the sanitation solution.
5. A presentation from Finance on operating budget carryovers (17-135)
   Finance Department will provide an update on how carryover money from the budget has been used or allocated. Not enough information is given on this item to form even the most preliminary of opinions. I'll let you know what it's about in my report afterward. Presentation Only. After many questions, I learned a bit about what carryovers are and how and why they are used. We reviewed the larger line items and discussed ways to make the report more helpful to providing oversight on the finances of the City.
6. A discussion on proposed new Fire Department fees (17-133)
   Acting on a request from the Budget Committee, Council has asked for a regular review of city fees to compare them to actual costs. The Fire Department will be presenting information on the costs involved with their fees listed on the Consolidated Fee Schedule and their recommendations for a new false alarm fee. This item was continued (postponed) in the last meeting. Here is my preview from last time. "We love our Fire Department and the great service they provide. When an alarm or call comes in, they head out to protect life and property, and they do it without charging the caller or property owner. We don't want people trying to deal with fires on their own in order to avoid a bill from the Fire Department. But unfortunately, there are some who have faulty alarm systems that frequently send false alarms to the Fire Department. Apparently, they don't mind wasting our firefighters time and resources. The false alarms don't cost them anything but fixing their system would. So the false alarms keep coming. The proposed new fee only kicks in on the FOURTH false alarm in a calendar year. The fee goes from $100 on the fourth false alarm to $300 for the sixth and subsequent false alarms. We don't want people to be scared of calling in a suspected fire, but hopefully, this fee will motivate people to fix their alarms." This item was continued. Another casualty of the lengthy Medical School/Golf Course discussion.
7. A discussion on proposed Neighborhood Program changes (17-138)
   The Neighborhood Program Review Committee has worked with the Neighborhood Advisory Board to update the ordinance language in Provo City Code regarding the Neighborhood Program. This presentation will give Council members a first look at the proposed changes to the ordinance and get their input. The Neighborhood Program Review Committee will review input received from Council members and Neighborhood Chairs and Vice Chairs to make any additional changes before bringing the final proposal to the December 5 Council meeting. Proposed changes include transforming the Neighborhood Advisory Board (NAB) into the Neighborhood Advisory Committee (NAC), a Council committee; defining the membership and duties of the NAC; outlining the matching grant application process; and reverting the Downtown Neighborhood back to the standard neighborhood structure of electing a Chair from its residents. I'm interested to hear the details of what is being proposed, but it sounds like they have identified several items that need to be addressed. My biggest concern is over the proposal to treat the Downtown Neighborhood more like a standard neighborhood. This has been discussed before and I hope to be able to be involved in exploring what is the best structure for this unique neighborhood. Presentation only. I support the changes to the Neighborhood Advisory Board. I am unsettled on the changes to the Downtown Neighborhood representation. I'll be attending the next committee meeting to discuss it further.
8. A discussion on the proposed 2018 Council meeting calendar, the timing of Council meetings, and the election of the Municipal Council Chair (17-139)
   Utah Code requires that the Council publish the scheduled meetings for the coming year. Council has traditionally met on the first and third Tuesdays of the month, but staff have recommended some adjustments to the schedule based on major holidays, election dates, and other factors. Because of the proposed change for the first Council meeting of the year, Provo City Code Section 2.50.020 would need to be amended to change the current requirement that the Council Chair be elected on the first Tuesday of each year. The calendar will be voted on at the November 21 Council meeting. Inauguration will be held on the 2^nd of January. I support the proposed changes to our code. The overall calendar for the year looks good. I wonder if there will be a primary next year that we need to avoid. Presentation only. These items were already scheduled for the November 21, 2017 Council Meeting. The changes to City Code gives us more flexibility for when the Council Leadership needs to be selected. If we hadn't changed it then we would have had to hold a meeting and select Leadership on New Year's Day in 2019. The calendar of meetings next year shows that most Council meetings will be on the first and third Tuesday, with a few deviations to accommodate holidays and community events (like election day).
   
   

   Closed Meeting

9. 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
Board of Canvassers Agenda

5:30 PM, Tuesday, November 21, 2017

1. A resolution of the Provo City Municipal Council and Mayor sitting as The Board of Canvassers accepting the election returns and declaring and certifying the results of the municipal general elections held in Provo, Utah on November 7, 2017. (17-105)
   This is a presentation of the final vote tallies in the municipal general election. So far, there has been less drama with the general election results. Unless something changes between now and the canvassing, this meeting should be relatively drama-free. Approved 8:0. Dave Sewell, Council Chair and Acting Mayor, voted in both capacities, and raised both hands in support.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:45 PM, Tuesday, November 21, 2017

Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.
1. Neighborhood Spotlight: Franklin Neighborhood
   Franklin is in the Central District and is just south of my neighborhood. It has a special place in my heart. Teri McCabe, the new Franklin Neighborhood Chair, shared a list of things that neighbors love about their neighborhood. #1 on their list was "walkability".



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.



Action Agenda

2. An ordinance amending Provo City Code Title 11 (Solid Waste Management). (17-123)
   The purpose of this proposed text amendment is to ensure residential participation in the curbside garbage collection (black can) to maintain revenue and provide clarification in the Sanitation code for minimum requirements for residential waste collection.to ensure that each residential unit is providing for adequate waste removal. See Item 4 in the earlier meeting Approved 7:0. See my report on item 4 in the earlier meeting. I feel like this is an example of good governance.
3. A discussion on the proposed 2018 Council meeting calendar, the timing of Council meetings, and the election of the Municipal Council Chair (17-139)
   Utah Code requires that the Council publish the scheduled meetings for the coming year. Council has traditionally met on the first and third Tuesdays of the month, but staff have recommended some adjustments to the schedule based on major holidays, election dates, and other factors. Because of the proposed change for the first Council meeting of the year, Provo City Code Section 2.50.020 would need to be amended to change the current requirement that the Council Chair be elected on the first Tuesday of each year. See Item 8 in the earlier meeting Approved 7:0. See my report on item 8 in the earlier meeting.
4. A resolution adopting the 2018 Council Regular Meeting Schedule (17-140)
   Council is required by Utah Code to annually publish the scheduled meetings for the coming year. See Item 8 in the earlier meeting See my report on item 8 in the earlier meeting. Approved 7:0.



Adjournment