Council Meetings - 17 July 2018

Tuesday's meetings mark the return of Medical School/Golf Course contracts, the next step in the new City Hall/Offices, the next installment of the tax incentives discussion, and votes on a General Plan update and changes to home occupation regulations.

As always, documents for agenda items can be found here.

PROVO MUNICIPAL COUNCIL
Joint Meeting with the Provo Housing Authority

12:00 PM, Tuesday, July 17, 2018

Agenda

1. A discussion on community land trusts
   A community land trust (CLT) is a nonprofit corporation that develops and stewards affordable housing, community gardens, civic buildings, commercial spaces and other community assets on behalf of a community. “CLTs” balance the needs of individuals to access land and maintain security of tenure with a community’s need to maintain affordability, economic diversity and local access to essential services. The reason we're looking at one is to assist with affordable housing in Provo. Occasionally we partner with groups to rehab houses or assist with down-payments, but the effect is often just temporary. With a land trust, the trust owns the land and gives long-term leases for houses and such. By assisting with the land costs, qualified people can get adequate housing that they otherwise wouldn't be able to afford, but because the trust owns the land, they can maintain control to ensure that the property is used for affordable housing in perpetuity. We have a couple of partner non-profits who are interested in pursuing a community land trust focusing on affordable housing for low to moderate income residents. Land trusts have some significant advantages over other tools to address our growing housing pinch.
2. Further discussion of any items as requested by Council or Housing Authority Board members.



Adjournment

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PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, July 17, 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 discussion on citywide tax incentives and retail reinvestment (18-057)
   In effort to pursue the City Council’s Economic Development priority, the Council has heard presentations regarding tax increment funding (TIF) in recent work sessions. Susan Becker and Brian Baker with Zion’s Public Finance will provide more information on tax increment funding, in addition to highlighting other tools that can promote economic development in Provo. I'm interested in what they have to say. Presentation only. It was good to get an outside perspective on other tools that we can use.
2. A discussion on the Real Estate Purchase Agreement and Development Agreement for a medical school at the golf course (17-136) and (17-143)
   The Administrative Staff and the developers of the new medical school (being built on the a portion of the golf course property) have now exchanged draft agreements several times and are now ready to bring a substantially complete agreement to the Council for review, discussion and verification that the documents substantially conform to the direction and discussion that transpired in the January 2018 Municipal Council meeting. I think we are just about there. The last question I have is about the 15-year sunset clause on the purchase agreement. I want to make sure that there aren't any protections that we are getting that we wouldn't want to lose if the project stalls for whatever reason and that time elapses. Motion: George Stewart moved that the resolution for consideration at the July 17, 2018 Council Meeting include language that authorizes the Mayor to sign the agreements as long as there were no material changes. Seconded by David Harding.
   Roll call vote: Approved 7:0.
   This item was already scheduled at the July 17, 2018 Council Meeting. There was more discussion about the potential benefits to the community and also the potential added risks. Most of the time we were just discussing the changes negotiated by the legal teams.
3. A discussion on amending PCC 14.34.350 regarding Recreational Vehicle Storage and Towing Impound Yards (18-077)
   Under City Code, towing impound yards can exist as a conditional use in Heavy Commercial (CM), Light Manufacturing (M1), Heavy Manufacturing (M2), and Planned Industrial Commercial (PIC) zones. Currently, when a towing yard borders a residential boundary, “a minimum ten (10) foot landscaped setback may be required from the residential zone boundary.” A proposal has come forward that the minimum setback requirement should increase from 10 feet to 100 feet, in the event a future towing impound yard borders a residential zone. Towing impound yards are in operation at all times of night and day. That can have a significant impact on the livability of nearby residences. We should look at the protection that residential uses have when non-residential zoning is nearby. Presentation only. We will be moving forward on this.
4. A discussion on a purchase option for property located at Provo Towne Center Mall (18-073)
   For some time, Provo City Administration has been looking to provide a better working environment for its Police and Fire employees. Provo City’s Police Department is severely constrained by a lack of space, with our detectives using former jail cells as offices. Most importantly, the current building is not seismically sound. In the most basic terms, this means in the event of a moderate earthquake event, there is high probability of major property damage and loss of life for both emergency responders and critical personnel as a result from a failing structure.
   
   This November, Provo City will be adding an initiative to the ballot to help fund the construction of a new Public Safety facility and City Hall. Staff is evaluating three options for the public to provide input: Building a new City Hall at the existing location; Refurbishing the existing City Hall; or moving City Hall to a new location.
   
   Previously, the Administration seriously considered the purchase of the former Ancestry.com building as a replacement City Hall. Ultimately, it was decided that it would be too cost prohibitive to acquire the complex and retrofit it to be a new City Hall. However, there is another vacant space within Provo that could be utilized as a new City Hall.
   
   The former Sears building at Provo Towne Center mall is 124,000 square feet and could be converted into office space. Brixton Capital is willing to keep the property off the market while the City completes its evaluation process. The price for a purchase option on the building and its associated parking is $350,000. This equates to approximately 5.6% of the value of the property. If Council authorizes the acquisition of the option, the $350,000 would be applied to the purchase price of the property if the City of Provo decides to buy the property in December for a new City Hall facility. If the City opts not to complete the purchase, the City would forgo the money. I am far from convinced that the old Sears building is the right location for our City Hall/Offices. We have just entered the public feedback period for our decision in 5 weeks. I definitely think it is premature to purchase this option. *If* we decide in 5 weeks that the Mall is the best place, we can purchase the option then. There is a small risk that it won't be available then, but to purchase it now is either fiscally irresponsible or we are not asking for public input in good faith. Amended motion: David Harding moved to direct that staff prepare a joint statement indicating the Council and Mayor’s intent or opinion that it was necessary to address the needs of the city center, public safety (police, fire, and dispatch) buildings, and Fire Station 2 on Canyon Road, and to allow the statement to be issued following approval by the Mayor and Council Leadership. Seconded by George Stewart.
   Roll call vote: Approved 7:0.
   This item was already scheduled for the July 17, 2018 Council Meeting. It was obvious that there was not sufficient support on the Council to secure the option (see the report for this item in the evening meeting), but we wanted to make sure that the public understands that the Council (and Mayor) are of the opinion that something must be done.



Policy Items Referred from the Planning Commission



5. A discussion on a proposed resolution to adopt the amendments to the General Plan text for the General Plan update (PLGPA20180142)
   Since December, Council members have been providing input on various updated drafts of the General Plan. Input from staff and the public was also considered when preparing the update. It has been reviewed by the Planning Commission and is now ready for Council’s consideration. Planning Commission recommended denial. The biggest emphasis of this update was to bring the goals and objectives of Vision 2030 and the General Plan into alignment. While going through the document, some corrections and adjustments were made, but a vast majority of the changes were structural and formatting, rather than substantive.
   
   My understanding is that the Planning Commission recommended denial because there are policies that they are uncomfortable with and didn't want to go on the record with a positive recommendation. These policies are in the current General Plan, and changes weren't made because of the scope of this update. The Planning Commission has expressed interest in heading up the General Plan update effort, and I've only heard support among Councilors for this idea.
   
   I am planning to vote for this proposed update because I feel that it will give the Planning Commission a much better foundation to start their own update within the near future. Motion: David Harding moved to include the changes to the section for incorporating the Timp Neighborhood Plan by reference. Seconded by David Knecht.
   Roll call vote: Approved 7:0.
   This item was already scheduled for the July 17, 2018 Council Meeting. The motion was to make a small tweak requested by Community Development, because last time we approved a new neighborhood plan for Timp.
6. A discussion on an ordinance amending the General Plan regarding a designation change from Mixed Use to Industrial for 14.17 acres located at approximately 1400 S. State Street. Spring Creek Neighborhood. (PLGPA20180128)
   The applicant wishes to purchase half of the 14.17 acres for future development and has described the future land use as “light industrial including but not limited to manufacturing, storage units, construction yard.” With a General Plan amendment to Industrial, the Light Industrial (M1), Heavy Industrial (M2), and Planned Industrial Commercial (PIC) zones would be possible., The Southeast Neighborhood Plan was adopted by the City Council in March 2017 and future land use for this area is Medium Density Residential. Planning Commission recommended denial. I'll likely be taking the Planning Commission's recommendation on this one. We put a lot of thought and discussion into this area when we designated it for medium density residential and zoned it R1.10 in the interim. I'd have to be convinced that this is the wrong direction and that an about-face is called for before I vote in favor of the request. Presentation only. This item was already scheduled for the July 17, 2018 Council Meeting. This was the pre-discussion and we didn't have the applicant to explain the request. See the report for this item in the evening meeting (item #8).
7. A discussion on an ordinance amending Provo City Code regarding neighborhood meeting requirements for General Plan amendments and zone changes. Citywide impact. (PLOTA20180186 and 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 when neighborhood meetings are required, the amount of noticing required of the developer, and the process for moving the application to the Planning Commission agenda. Planning Commission recommended approval. I worked on this one in the subcommittee. We strove to find the right balance between streamlining the process and making sure neighborhoods have a robust opportunity to review and weigh in on proposals. I think we accomplished our goal. Presentation only. This item was already scheduled for the July 17, 2018 Council Meeting. Everyone seems to like the changes.
8. A discussion on an ordinance amending Provo City Code regarding allowances and requirements of home occupations. Citywide impact. (PLOTA20180109)
   A number of recent Major Home Occupation requests have been controversial in their evaluation of possible impacts on their associated neighborhood. The Municipal Council has since discussed in a Work Meeting, the issues of those Home Occupation requests, especially in light of the Ordinance’s stated intent that the “use should be conducted so that neighbors, under normal conditions, would not be aware of its existence.” Following their discussion, the Council voted to further consider particular amendment recommendations and has now sent this request to the Planning Commission.
   
   This requested text amendment is intended to address and clarify a number of different items and involves such items as definitions of certain terms; limitations on promotional meetings; changes related to the number of customers and employees allowed with major home occupations; the hours in which customers and employees may be on the premises; and the non-allowance for an accessory apartment and a major home occupation to be operated at the same time. Planning Commission recommended approval. We've been working on this for a while. In general, I'm comfortable with the compromises. In reading it again, I noticed a previous regulation that limits employees to major home businesses on lots greater than 7999 square feet. That would preclude many properties in my neighborhood. Presentation only. This item was already scheduled for the July 17, 2018 Council Meeting. The main discussion took place in the evening meeting (item #10).



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. No closed meeting was held.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, July 17, 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. A presentation of the July 2018 Employee of the Month.
Presentation only.


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. A resolution consenting to the appointment of individuals to various boards and commissions. (18-003)
   The Mayor is responsible for recommending individuals to be appointed to serve on various boards and commission, with the Council responsible for consenting to the appointments or reappointments.
   
   Mark Hathaway, Mario Markides, Carol Walker, Bill Prochazka, Kris Whitehead, Lonnie Woodard, and Keith Rittel to the Airport Board. Buddy Richards, Craig Carlile, and Lauren Manzione to the Housing Authority. Scott Campbell and Jessie Embry to the Landmarks Commission. Karen Salmon, Julie Nichols, Terry Brown, and Carol Lee Smith to the Library Board. Claralyn Hill, Bruce Snow, Lisa Brockbank, Ricky Frank, Jen Petersen, and Tom Sitake to the Parks and Recreation Board. Tony Thomas, Thomas Halladay, Patrick Chavira-Johnson, and Wes Marriott to the Board of Adjustment. Don Porter, Mark Greenwood, Dan Stubbs, and John Dester to the Building Inspection Board of Appeals. Sue DeMartini to the Civil Service Commission. George Bills and Quinn Peterson to the Design Review Committee. Anna Lim, Ryan Frandsen, Clancy Black, Deborah Jensen, and Dr. Mitsuru Saito to the Transportation and Mobility Advisory Committee. Maria Winden, Deborah Jensen, Ron Phillips, and Robert Knudsen to the Planning Commission. I've said it before, but the community in which we live is as wonderful as it is in large measure due to the willingness of so many to step up and serve. I am grateful to the many individuals who serve our community on our boards and commissions. Approved 7:0. This is a great group of high caliber volunteers.
3. A resolution appropriating $350,000 to acquire a purchase option for property located at Provo Towne Center Mall. (18-073)
   For some time, Provo City Administration has been looking to provide a better working environment for its Police and Fire employees. This November, Provo City will be adding an initiative to the ballot to help fund the construction of a new Public Safety facility and City Hall. Staff is evaluating three options for the public to provide input: Building a new City Hall at the existing location; Refurbishing the existing City Hall; or moving City Hall to a new location.
   
   The former Sears building at Provo Towne Center mall is 124,000 square feet and could be converted into office space. Brixton Capital is willing to keep the property off the market while the City completes its evaluation process. The price for a purchase option on the building and its associated parking is $350,000. This equates to approximately 5.6% of the value of the property. If Council authorizes the acquisition of the option, the $350,000 would be applied to the purchase price of the property if the City of Provo decides to buy the property in December for a new City Hall facility. If the City opts not to complete the purchase, the City would forgo the money.
   
   See work meeting agenda item 4 for additional information. This will be the formal decision on the item. See my preview for item 4 in the earlier meeting. A motion to continue this item to the August 7, 2018 Council Meeting was approved 7:0. It was clear that the Council was unwilling to basically put earnest money down on the purchase of the Sears building at the mall. I was fine continuing it until the 7th, because we will be making the location decision that day. That is the appropriate time to make such a decision.
4. A resolution conveying the intent of the Municipal Council regarding development beyond the Northern Wedge Property of the East Bay Golf Course. (17-136)
   This is also item 2 on the work meeting agenda. This will be the formal approval of the agreements discussed in the work meeting. See my preview for item 2 in the earlier meeting. Approved 7:0. It is our intent that the golf course remain a golf course at the (slightly modified) location.
5. A resolution approving the negotiated sale of the Northern Wedge Property of the golf course. (17-143)
   This is the approval to sell the property involved in the previous agenda item. See my preview for item 2 in the earlier meeting. Approved 5:2, with Kay Van Buren and David Knecht opposed. I believe this is the final vote, unless a substantial change occurs as the legal teams iron out the last few details.
6. An ordinance amending a nonexclusive franchise agreement with Mobilitie to operate a telecommunications network in Provo City (18-010)
   Provo City and Mobilitie have come to terms on an Amended Franchise Agreement to comply with subsequent changes in the law from the 2018 legislative session. Pursuant to Provo City Code, “[n]o franchise contract shall take effect until it has been approved by the Municipal Council.” 5.03.020 (5). This amendment is required because of a recent change to State statute, it also establishes a floor for the fees that the company must pay. Approved 7:0. I feel this is a good compromise to ease the burden on the new company and to protect our taxpayers.
7. A resolution to adopt amendments and updates to the General Plan. (PLGPA20180142)
   This is item 5 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 5 in the earlier meeting. A motion to amend the exhibit’s Goal 3.4.2.5 to only say “Provide sufficient housing options for single professionals.” was approved 7:0.
   
   A motion to approve the resolution using the amended exhibit was approved 7:0. I'm glad that we got this done and now the plan is teed up for Community Development and the Planning Commission to work on a substantial update to the plan.
8. An ordinance amending the General Plan regarding a designation change from Mixed Use to Industrial for 14.17 acres located at approximately 1400 S. State Street. Spring Creek Neighborhood. (PLGPA20180128)
   This is item 6 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 6 in the earlier meeting. Denied 7:0. The applicant said that he just wanted to see if the Council was still serious about the direction we set when we last updated the general plan map. We were able to signal clearly that we are still committed to that plan. I invited him to reach out by phone or email in the future if he ever wants my thoughts on something like this, so he can save the application fee.
9. An ordinance amending Provo City Code regarding neighborhood meeting requirements for General Plan amendments and zone changes. Citywide impact. (PLOTA20180186 and 18-036)
   This is item 7 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 7 in the earlier meeting. Approved 7:0. This sailed through, and rightly so.
10. An ordinance amending Provo City Code regarding allowances and requirements of home occupations. Citywide impact. (PLOTA20180109)
    This is item 8 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 8 in the earlier meeting. Continued to the August 7, 2018 Council Meeting, with a Work Meeting discussion on August 7, 2018. There were some lingering questions that we wanted to sort out before voting.
11. CONTINUED TO A FUTURE PLANNING COMMISSION MEETING: An ordinance amending Section 14.10.020(6) to allow commercial uses to operate "only in historic buildings" in the Residential Single Family (R1) Zone. Citywide application. (PLOTA20180094)
    This was not ready to be heard at the Council meeting.
12. CONTINUED TO A FUTURE PLANNING COMMISSION MEETING: An ordinance amending Section 14.06.020 to redefine "Family" to include four unrelated individuals. Citywide application (PLOTA20180169)
    This was not ready to be heard at the Council meeting.



Adjournment

Police, Fire, and City Center Options

Today was the latest public round of discussions on our building needs for city, police, and fire offices, and the presentation of four options, including three that would require a general obligation bond this fall.

I welcome the sufficiently interested to comb through the data that has been collected: here and here.

For everyone else I have distilled this information down to what I think is the most important. As you read, please keep in mind the questions I have for you: What would you like the Council to know over the next 6 weeks as we decide if a bond should be on the ballot, and which option we should pursue? And what information do you need to make an informed decision about the bond?

Here are the top three reasons that we need to do something.

1. Since the old City Center was built (1972), the population of Provo has doubled and is projected to continue to increase. We currently have half the space that we need. The police department is working out of closets and converted their shooting range into evidence storage.
2. A majority of the City Center and Police & Fire head quarters have not been structurally updated since the 70's. A moderate earthquake would likely collapse the building, significantly inhibiting our emergency response.
3. The old, well-worn buildings are getting more expensive to maintain, and makes the delivery of city services to our residents less efficient and more costly. This investment now is the most cost effective and will pay dividends in the long-run, both in terms of tax dollars and quality of city services.

Here is a summary of the four options.

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View of current soffits

Option 0: Do Nothing

Age of Buildings: 46 years

Office Space: 64,000 sqft

Bond Amount*: $10M

Annual Cost/Taxpayer**: $20

Notes: Doesn't solve space needs.

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Concept of building facade after remodel

Option 1: Move to the Mall

Age of Buildings: 20 years

Office Space***: 135,000 sqft

Bond Amount*: $44.5M

Annual Cost/Taxpayer**: $87

Notes: Would buy/remodel Sears Building.

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Example of a similarly sized public safety building

Option 2: New PSB/Rebuild CC

Age of Buildings: 0/46 years

Office Space***: 135,000 sqft

Bond Amount*: $45.5M

Annual Cost/Taxpayer**: $89

Notes: Rehab good for 20+ more years

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Previous rendering of City Center block

Option 3: New PSB/New CC

Age of Buildings: 0 years

Office Space***: 135,000 sqft

Bond Amount*: $59.7M

Annual Cost/Taxpayer**: $107

Notes: Would save on ongoing costs.

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*Includes $4.5M for the rebuild of Fire Station 2.
**Property tax increase on a median home ($265K).
***Kept level for comparison purposes.

Council Meetings - 10 July 2018

How should we meet the need for more office space for City operations? Our Police, Fire, and Dispatch are in a particularly dire need.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:30 PM, Tuesday, July 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 discussion regarding public feedback on potential financing options for office space for police, fire, dispatcher, and other Provo City personnel. (18-073)
   Y2 Analytics conducted a series of surveys designed to gauge levels of public’s support for building new office space for police, fire, dispatcher, and other Provo City personnel. Representatives from Y2 Analytics will share the survey results, and the Council will discuss various options for moving forward, if desired. Provo's City Center -- the City Hall and City Offices -- were built in the 70's when we had half the population that we do now, and has about half the space that we need. The maintenance costs keep rising, and the building is overdue for a major renovation. Many of the mechanical systems are beyond their useful life. City officials have been studying this for a decade, but we haven't found any easy solutions. The situation gets more urgent every year. The most critical needs are in public safety, primarily for our Police Department. I am convinced that something has to be done very soon to address this situation. The question now is what is the best way forward? Do we build onsite, or move? Do we expand and renovate, or do we tear down and rebuild? Who are we as a city? What do we want our government seat to look like? Are we more of a Salt Lake or a South Salt Lake, or somewhere in between?
   
   
   Presentation only. This item sure has caught the public's attention, and rightly so. I have a whole separate blog post on this one.
2. A discussion on a police compensation proposal (18-069)
   Recent discussion during the budget approval process identified a change in priorities in the Police Department to address compensation changes to attract and retain officers. A proposal supported by the Administration and the Police Chief will be presented. It would eliminate the five new Police Department positions and a position in the Economic Development Department to provide increased starting pay for police officers, add an additional career series for senior officers, and adjust compensation for the management level. We have underfunded our Police Department for many years. Our staffing level stretches our officers too thin and affects the coverage and service they are able to provide the City. This year we were hoping to begin to address their staffing needs by adding 5 new positions. Late in the budget process, the Chief requested that we direct the resources into adjusting the compensation rather than adding new positions. Because of the officer shortage around the country and especially in the State, our experienced officers are being recruited away. This action would make the requested changes. Presentation only. This item was already scheduled for the July 10, 2018 Council Meeting. As advertised (see preview). There is a desire among at least some of the Councilors to see if we can't scrape enough money together to fund a couple of new officers.
3. A discussion on the 3rd Quarter Financial Report for Fiscal Year 2018 (18-074)
   Quarterly Financial Reports provides unaudited summary information about Provo City’s revenue and expenses for the third quarter of fiscal year 2018, ended March 31, 2018. The report includes information about the City’s General Fund, Special Revenue funds (Library), and Enterprise funds (Golf Course, Water, Waste Water, Energy, Storm Drain, Sanitation). This report ensures that the City Municipal Council and City Administrators can consistently monitor the City’s financial and budgetary transactions, providing timely and transparent financial information that can lead to educated decisions about the City’s present and future. The Provo City Budget Office is generally very conservative with the budget forecast, meaning they generally underestimate the revenues for the coming year. This requires the Administration and Council to pass a balanced budget that smaller than it would otherwise be. This means that there is usually more money coming in during the year which is useful for when urgent, unforeseen issues come up. It also means that our Quarterly Financial Reports usually look really good, because our revenues exceed the budget.
   I do have a technical question that I will be asking: Why does the second quarter amounts drop on a couple of the funds? Everything else appears to be cumulative. Presentation only. Our General Fund balance is $2M larger than it was last year. This is when we started questioning why we shouldn't direct some of that toward hiring a couple new police officers. And the 2Q drops were a typo.
4. A discussion on the Real Estate Purchase Agreement and Development Agreement for a medical school at the golf course (17-136)
   The Administrative Staff and the developers of the new medical school (being built on the a portion of the golf course property) have now exchanged draft agreements several times and are now ready to bring a substantially complete agreement to the Council for review, discussion and verification that the documents substantially conform to the direction and discussion that transpired in the January 2018 Municipal Council meeting. It looks like most of the details have been worked out, but both sides may be returning to the Council for some policy decisions and may be requesting some small changes to the original deal points. Motion: George Handley moved to include in the development agreement the language “WHEREAS, the Council has no intent to expand development beyond the Northern Wedge Property” and that the Council intends to continue the operation of the remainder of the property as a golf course, and for the Council to pursue a separate resolution and General Plan language expressing that intent. Seconded by George Stewart.
   Roll call vote: Approved 6:1, with David Harding opposed.
   Motion: George Stewart moved to retain in the draft real estate purchase agreement the provision for the right of first refusal, with an offer defined as value and terms of payment. Seconded by David Harding.
   Roll call vote: Approved 5:2, with Gary Winterton and Kay Van Buren opposed. I support declaring our intentions that the Golf Course remain in perpetuity through a separate resolution and even in amending the General Plan. I don't support adding a non-binding statement directed to current residents and future City officials into a legal contract with a third party.
   
   It looks like the Right-of-First-Refusal will remain, but the Right-to-Dictate-Future-Zoning will not be added. My one lingering question is what protections are expiring in 15 years?
5. A presentation on recommendations regarding a budget committee (18-075)
   Since January 2018, the Council’s Budget and Audit Committee has not met, partially because members of the Council have been satisfied with budget explanations from the Administration, and partially because the Mayor’s Office, as the fulfillment of a campaign promise, put together an ad hoc committee to make recommendations regarding the composition and function of a citizens’ budget committee. In other words, there was a committee in place whose purpose was to research and discuss budget committees. Administration will present the recommendations regarding the citizens’ budget committee. For six months now, we've been in a bit of a limbo with regards to Council created committees. Our Budget Committee didn't even meet throughout the whole budget season this year. I am hopeful that we can soon come to a resolution that (1) serves the Administration's needs, (2) serves the Council's needs, and most importantly (3) best serves the public's interests. Presentation only. This item was continued to a future Work Meeting.
6. A discussion on a proposal related to Neighborhood Housing Services of Provo and homes purchased with CDBG/HOME Dollars(18-076)
   Several years ago, Neighborhood Housing Services (now known as NeighborWorks) purchased and rehabbed several houses using funds borrowed from the Redevelopment Agency that originally came from the Federal Government. Based on the type and amount of funding used, the homes were required to remain affordable for specific durations of time. Recently, there has been interest in forgiving some of the loans. The RDA is concerned that should some of these houses no longer remain affordable, the Federal Government (HUD) could demand the funds back from Provo that were originally used to rehab them. It's been a while since I looked more deeply into this issue, but I know that there is more than one perspective, and it is not a straight-forward as discussed in the documents. I am looking forward to the discussion. Continued to a future Work Meeting.



Policy Items Referred from the Planning Commission



7. A discussion on a proposed zone change from A1.5 to Low Density Residential to accommodate a subdivision of 5,000 square-foot lots, located at approximately 2100 West 820 North. Lakeview South Neighborhood. (17-0018R)
   This request is to rezone the 3.1 acre site to LDR to allow development of 16 single-family detached dwellings. Planning Commission recommended denial. From what I know of this area, and from the documents presented, my current opinion is that it is decidedly NOT in the public's interest to rezone this plot. Continued prior to the meeting at the developer’s request.
8. A discussion on adopting the Timp Neighborhood Plan as an addition to Appendix 'H' (Neighborhood Plans) of the General Plan. Timp Neighborhood. (PLGPA20180168)
   Beginning in 2017, residents of the Timp neighborhood began meeting to discuss the future of their neighborhood, important values they wanted to protect, and how they envisioned the future of the neighborhood progressing. After establishing a framework, residents requested that the Provo City Community Development Department commit staff time to helping the neighborhood begin to construct a formal neighborhood plan. This process began in September of 2017 with additional support also being contributed from a group of students attending Brigham Young University. Collectively, the City staff, neighborhood residents, and student participants have developed the following recommended text to be considered for adoption as the Timp Neighborhood Plan. Planning Commission recommended approval. This proposed plan is a bold and clear vision for the future of this neighborhood. I applaud the efforts of all involved. There are a couple places where I'm not fully comfortable with the recommendations, but that isn't unusual for a large document like this. Presentation only. This item was already scheduled for the July 10, 2018 Council Meeting. This is a pretty cool story. This neighborhood was anxious to get going on their neighborhood plan so they got things going themselves. They organized a committee with a cross section of residents and business owners and began organizing their ideas and vision. Some BYU students in the neighborhood turned it into a class project and put the ideas onto paper. City planners were available for guidance, but much of the creation of the plan was done by residents and volunteers. Great job to everyone involved.



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. A closed meeting was held.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, July 10, 2018

Opening Ceremony

Items in this category do not involve legislative action.
• Approval of Minutes

Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.

1. Presentation of the new Miss Provo Court
   Presentation only.
2. Recognition of individuals for services related to the Ice Sheet
   Presentation only.



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



3. An ordinance amending Provo City Code to adopt provisions of the Utah Government Records Access and Management Act by reference, comply with the appeals board composition required by the act, and clarify the application of the act to Provo City. (18-072)
   Provo’s ordinance regarding information requests is being updated to provide continuity and consistency with state law. The language makes sure Provo is in compliance even when changes are made at the state level. I classify this as code clean-up. The State GRAMA statute has changed. Rather than changing our City code each time the Legislature updates the statute, our Code will now basically refer to the State Statute. Approved 7:0. This is a good change.
4. An ordinance amending Provo City Code to allow an ad hoc deputy recorder to perform city recorder duties as needed. (18-071)
   The City Recorder is allowed to appoint deputies to assist in their duties. Some changes are being requested in the guidelines for the Deputy Recorder. This is a small, sensible change that will allow the City Government to be more efficient. Approved 7:0. No brainer.
5. A resolution appropriating $116,643 in the General Fund, Police Department to increase police compensation applying to the fiscal year ending June 30, 2019 (18-069)
   Recent discussion during the budget approval process identified a change in priorities in the Police Department to address compensation changes to attract and retain officers. A proposal supported by the Administration and the Police Chief will be discussed in the work session. It would eliminate the five new Police Department positions and a position in the Economic Development Department to provide increased starting pay for police officers, add an additional career series for senior officers, and adjust compensation for the management level. See my Preview for Agenda Item #2 in the earlier meeting. Approved 7:0. See my report for Agenda Item #2 in the earlier meeting.
6. An ordinance amending the zone map classification of approximately 3.1 acres of real property, generally located at 2100 West 820 North, from Agricultural (A1.5) to Low Density Residential (LDR). Lakeview South Neighborhood. (17-0018R)
   This request is to rezone the 3.1 acre site to LDR to allow development of 16 single-family detached dwellings. Planning Commission recommended denial. As I said earlier, I do not believe this would be in the best interest of the public. Continued prior to the meeting at the developer’s request.
7. A resolution to adopt the Timp Neighborhood Plan as a component of the Provo City General Plan. Timp Neighborhood. (PLGPA20180168)
   Beginning in 2017, residents of the Timp neighborhood began meeting to discuss the future of their neighborhood, important values they wanted to protect, and how they envisioned the future of the neighborhood progressing. After establishing a framework, residents requested that the Provo City Community Development Department commit staff time to helping the neighborhood begin to construct a formal neighborhood plan. This process began in September of 2017 with additional support also being contributed from a group of students attending Brigham Young University. Collectively, the City staff, neighborhood residents, and student participants have developed the following recommended text to be considered for adoption as the Timp Neighborhood Plan. Planning Commission recommended approval. See my Preview for Agenda Item #8 in the earlier meeting. Approved 7:0. See my report for Agenda Item #8 in the earlier meeting.
8. CONTINUED TO A FUTURE COUNCIL MEETING: VP Homes request a Zone Change from A1.5 to R1.6PD for approximately three acres, located at 1138 N Geneva Road to allow for a twelve-lot subdivision (Lakeview Meadows). Lakeview North Neighborhood. (PLRZ20180089)
   This was not ready to be heard at the Council meeting.



Adjournment