Council Meetings - 10 April 2018

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:30 PM, Tuesday, April 10, 2018

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 presentation to Bryce Mumford for five years of service award
   Bryce Mumford is being honored for reaching over five years of service as a policy analyst in the Council office.Bryce has been with the Council Office twice as long as I have. I appreciate his research and project management, but I also enjoy the personality he brings to the Office. Presentation only.
2. A presentation on a retail sales tax incentive for Days Market (18-040)
   The Economic Development Department will provide an overview and proposal for a potential sales tax increment agreement with owners of Days Mark, located on North Canyon Road, in order to provide retail incentive to offset certain costs associated with a $1 million remodel with the hope of doing additional work within the store not covered by the construction loan. Avid readers of this blog know that I have mixed feelings about tax-increment incentives. I worry that Provo does not have a coherent, long-range strategy for these incentives, and that we are offering them to anyone who asks even if the investments are in the normal course of business operations. I am aware of the concerns that we favor large, non-local, just arriving businesses over our home-grown, long-term businesses. I would be thrilled to offer some sort of incentive if this grocer was looking to open a new market in Provo, particularly in one of our underserved (for convenient grocery) areas. But I worry that a remodel of an existing store isn't the right use of this tool. But I'll hear out the presentation and decide afterward. A motion to place this item on the Action Agenda for the April 24, 2018 Council Meeting was approved 5:1, with David Harding opposed and George Handley excused. What is our strategy when using tax-increment incentives? We'll dive into that, but not before extending these to another business. I love Day's market, and wish that they would open additional stores in other places in Provo. But I'm not sure gratitude for great service to the community justifies tax-increment incentives. We seem so reticent to raise taxes, even to keep up with inflation, yet so willing to give away tax revenue that would otherwise pay for the same services.
   
   I caught up with Mr. Day after the presentation and had a good conversation with him. I hadn't fully understood some of the aspects involved in the request. Perhaps the incentives are justified here, but without an articulated strategy, it is hard to judge.
3. A discussion on an ordinance amendment to Provo City Code 6.14.080 Proximity Restrictions for the Premises of Licensed Beer Retailers (18-041)
   This would bring City Code in line with a 2017 change to Utah State Code defining proximity restrictions for alcoholic beverage licenses and where they will be granted within specific proximity measurements to a community location (church, school, etc.). There is not much of a decision to be made here. We need to make this change in order to be compliant with a new(ish) State statute. A motion to place this item on the Consent Agenda for the April 24, 2018 Council Meeting was approved 6:0, with George Handley excused. Due to the new State Statute, our current code is unenforceable. Functionally, the proximity restrictions go from 600 feet for common pedestrian travel and 200 feet in a straight line to 300 feet (on foot) and 200 feet in a straight line.
4. A presentation by the Provo Bicycle Committee
   An update on the activities of the Provo Bicycle Committee. The work of the Bicycle Committee has made our streets safer for all and is helping bicycling to be a more viable option here in Provo. Presentation only. The Committee chose to focus their presentation on the Complete Streets proposal that is currently working its way through the process. Much of the discussion between the presenters and councilors focused on the details of a proposal that has not been finalized. We will be meeting with the Planning Commission next week to discuss the broader policies and procedures.
5. An update on the Victim Services Grant (18-028)
   The Provo Police Victim Services Division is mostly funded by local, State, and Federal grants. They are required (as part of the grant) to provide the Council with two updates per year on the grants. This item was postponed from the March 6th work meeting. Here is what I said in the preview back then, "Victim Services presents every six months. It is always a sobering presentation. On the one hand, it is heartbreaking that this division directly serves more than 1% of our residents each year. On the other, it is inspiring to see the professional and compassionate service that this dedicated team provides." Presentation only. The statistics from 2017 are painful to consider. We must do better as a community. I am grateful that we have this team to assist the survivors. What can we do to be better at prevention?
   "Victims Served by VSD"
   • Domestic Violence: 644
   • Adult Sexual Assault: 144
   • Child Sexual Assault: 162
   • Child Abuse: 83
   • Elder Abuse: 73
   • Stalking/Harassment: 204
   • Adult Physical Assault: 157
   • Criminal/Child Protective Orders: 297
6. A discussion on proposed changes to Provo City Code Sections pertaining to neighborhood meeting requirements (18-036)
   Neighborhood chairs felt that the noticing process for different steps in the development approval process needed some updates and clarification. To address this, a Council subcommittee, formed from members of the Development Approval Process Review (DAPR) Committee, would like propose changes to Provo City Code Chapter 2.29.040 (Neighborhood Program), 14.02.010 (Zoning), and 15.17.040 (Land Use and Development). The changes will address It looks like the background information was cut short. Perhaps I'm biased by being on the Development Approval Process Review Committee, but I think this proposal strikes the right balance between speed of decision and robustness of public involvement. A motion to refer the amendments to Provo City Code titles 14 and 15 to the Planning Commission for review was approved 6:0, with George Handley excused. This makes it clear that Neighborhoods have the ability to meet to consider and give feedback regarding General Plan and Zoning Changes, and clarifies the process.
7. A presentation on the Energy Department and potential budget requests (18-005)
   These presentations are in anticipation of the budget for the next fiscal year. The Energy Department will report on how they’re performing with their budgets and what they may need to accomplish their goals. It's Energy's turn. One of the nice things about the Energy Department is that they cover all of their costs AND contribute significantly to the rest of the City's budget. I hope Provo residents appreciate the great situation we have by owning our own power company. The service is outstanding. Our rates are lower than nearby towns with private utilities. AND 11% of the revenue is transferred to General Fund to pay for other City services which helps keep our property taxes low. Presentation only. Our power rates are below the area average, yet the reliability and service is even better. Because the residents of Provo are the "shareholders" of our power company, the profits are reinvested in the City. These reinvestments include all of our street lights (which will be slowly transitioning to "Dark Sky" friendly fixtures and LED lighting), forestry management, and transferring millions of dollars each year to our General Fund which keeps our property taxes low.
8. A presentation on the Provo Airport and potential budget requests (18-005)
   These presentations are in anticipation of the budget for the next fiscal year. The Provo Airport will report on how they’re performing with their budgets and what they may need to accomplish their goals. There are some big decisions in the near future regarding the airport which may have a large impact on their budget. I'm interested to hear where we are at. Presentation only. Our commercial air service is pretty much maxed out because of the size of our terminal. Expanded commercial service generates more revenue, but we can't get their without investing in a new terminal. Much of the operations of the airport are self sustaining. Much of the improvements at the airport are federally funded. In the last two decades, City funding of airport operations has been reduced from over a half million (in today's dollars) to less than $100,000.
9. A discussion on a proposal to prohibit tobacco product use within parks and recreation facilities (18-035)
   This is a proposed amendment to Provo City Code Chapter 9.19.090 on the prohibition of alcohol possession or consumption of alcoholic beverages in City parks. It would include prohibiting the use of tobacco products, including variations such as e-cigarettes, and would would expand the park definition to “city park, trail, or recreational facility.” This started as a student presentation into the health hazards associated with e-cigarettes, with the request that we consider banning them from Public Parks similar to cigarettes. After looking into the different ways that Provo could do that, it appears that these changes to Code Chapter 9.19.090 is the best way to do it. A motion to place this item on the April 24, 2018 Council Meeting agenda was approved 7:0. There was no opposition.
10. A discussion on representation of the Downtown Neighborhood (18-038)
    The Downtown Neighborhood was originally established as a business district. With more mixed use development increasing the number of residents in the neighborhood, the current method of representation (the Neighborhood Chair is appointed by Downtown Provo, Inc.) needs to be adjusted. The Neighborhood Advisory Board, in consultation with the Downtown Neighborhood Chair, is proposing equal Co-Chairs (one for residents and one for businesses) to ensure representation for both neighborhood interests. I've been perplexed with how the growing number of residents in the Downtown Neighborhood should be represented in the Neighborhood Program. I have raised concerns with past proposals. I think this proposal strikes the right balance and I am looking forward to support its implementation. A motion to place this item on the Action Agenda for the April 24, 2018 Council Meeting, with wording modifications which removed references to co-chairs and which provided additional clarification, was approved 7:0. The only discussion was on some of the wording. We decided to move forward with the title of Chairs, rather than Co-Chairs. I believe this is a good step forward in response to the changing face of our Downtown.
11. A discussion on the 2018 Utah County Municipal Grant for the Provo River Trail Renovation (18-037)
    This is an annual grant offered by Utah County for communities within the county. Funding for the grant comes from the “Restaurant Tax” Funds distributed to communities based on population data. Provo’s portion is $59,757.17. This is a reimbursement grant. Provo City expends the funds and must submit for reimbursement. Funding will be used to pay for a portion of the Provo River Trail Enhancement Project phase 1 construction costs. Last year’s grant funded design and engineering services for this project. I am excited for the Provo River Trail project. It will make this community gem even better. A motion to place this item as a resolution to be heard at the April 24, 2018 Council Meeting was approved 7:0. This is a small amount in comparison to the $3.5M overall price tag.



Policy Items Referred From the Planning Commission



12. A discussion on a proposed Zoning Ordinance amendment to Section 14.41 Major Home Occupations to extend daytime business hours from 5:00 pm to 7:00 pm, and a discussion of possible changes to the Home Occupations chapter generally (17-0025OA)
    At recent work and Council meetings, the Council has considered an applicant’s request to extend daytime business hours from 5:00 pm to 7:00 pm. (The Planning Commission’s recommendation was to extend the businesses hours to 9:00 pm.) Several Council members expressed concern about the implications of longer hours being the default for major home occupations across the City. Other suggestions were proposed at the March 27 work meeting and this is a continuation of that discussion. This has been a hard one to balance the competing interests. Neighborhoods need to be protected from the potential of obtrusive business activities, but we don't want to stifle home businesses that wouldn't negatively impact their neighbors. A motion to request that Community Development staff prepare a proposal for recommended amendments to titles 6 and 14 of the Provo City Code regarding home occupations and accessory and supplementary apartments was approved 7:0.
    
    A motion to forward this amendment to the Planning Commission for review was approved 6:0, with David Harding excused. I invite anyone who experiences difficulties with Home Occupation Regulations to contact me. I'm not sure we have struck the right balance, but I'm not sure how to make it better (with ideas that the Council as a whole, would endorse).



Closed Meeting



13. 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
Regular Meeting Agenda

5:30 PM, Tuesday, April 10, 2018

Opening Ceremony

Items in this category do not involve legislative action.


• Approval of Minutes
  Approved by unanimous consent.

Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.


1. Neighborhood Spotlight: Timp Neighborhood
   Presentation only. Shannon Bingham, chair of the Timpanogos Neighborhood, highlighted the importance of walkability and bikability in this central neighborhood. She discussed the tragic death of Caleb Lane, a 15 year old boy who grew up in the neighborhood, who was struck by an automobile as he crossed 500 N in a crosswalk. She asked for all users of our streets, drivers, pedestrians, and bicyclists, to be alert and to watch out for each other. And she asked the City to prioritize street safety.
   
   I am grateful for the work of Ms. Bingham to represent and improve her neighborhood and I am grateful to be able to work with her on this issue.
2. A presentation on the Pioneer Village
   Presentation only. We heard from Steve Nelson, the "mayor" of the Provo Pioneer Village. Please check out this "flower" in our community, as Mr. Nelson calls it.



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.
Many people came to speak to the Complete Streets Policy item, which had been postponed shortly before the meeting, so they spoke during the public comment section. There were 20 people by my count who encouraged the City to prioritize street safety and supported Complete Street principles. It was heart-wrenching to listen to Jason Lane talk about his son, Caleb Lane, who was killed March 16 while in a crosswalk.



Action Agenda



3. An ordinance amending the zone map classification of approximately 1.92 acres of real property, generally located at 422-490 South State Street, from General Commercial to High Density Residential. Maeser Neighborhood. (17-0010R)
   This is a request to rezone a property to High Density Residential (HDR) to facilitate the construction of a 64-unit apartment complex. I am disappointed that no stakeholder meetings between neighbors and the developer were held since our last meeting when we heard this item. I want more quality married student housing in Provo, but I want it to integrate well into the existing community. This will be a difficult decision if it is a take-it-or-leaving-it proposal. This item was continued to the May 15, 2018 Council Meeting at the request of the developer. This was also a last minute postponement. I hope that this extra time will be used to get this right.
4. An ordinance amending Provo City Code regarding parking requirements in the Supplementary Residential (S) Overlay Zone. Citywide Impact. (PLOTA20180025)
   There are two areas of the City where the Supplementary Apartment Overlay (S) exists, both being adjacent to BYU Campus. The (S) Overlay is very similar to the Accessory Apartment Overlay zone with one clear distinction – the number of allowed unrelated individuals. The (A) overlay allows two unrelated individuals to reside in a legally established accessory apartment, while the (S) overlay allows four unrelated individuals to reside in a legally established accessory apartment. Despite the difference in occupancy, the required parking ratio is the same; four spaces are to serve the principal residence and the accessory apartment. It is proposed that the parking standards be raised two additional spaces to reflect the higher occupancy allowance of the (S) overlay. The more I look into this and hear from the public, the more I believe it is not needed and will be harmful. A motion to refer this item to the Housing Committee and to continue the item indefinitely was approved 6:0, with David Harding excused. Shortly into the discussion I excused myself to get to an important neighborhood meeting. I was able to voice my opposition to passing the ordinance. I am pleased with the outcome.
5. **CONTINUED** The Provo City Transportation and Mobility Committee proposes that the Municipal Council adopt by resolution a Complete Streets Policy and incorporate said policy as an appendix to the General Plan. Citywide impact. (PLGPA20180028)
   This was continued by the Planning Commission so it is not ready to be formally heard by the Council. I support Complete Street policies, this is so important to our community. But it is important enough that we need to get it right, so I'll try to be patient as it is worked out behind the scenes.



Adjournment