Council Meetings - 7 August 2018

On Tuesday we'll be deciding where to propose to build/renovate City Hall on this fall's ballot measure. The best way to weigh in on this decision is by taking the survey at Open City Hall. The survey is open until 7am on Monday. Please take 10 minutes to get up to speed on the options and let us know your thoughts!

I definitely have my thoughts, but I'm still gathering information and listening to the public comments. This is an important decision, and the people of Provo need to decide and voice the kind of community that they want to live in.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

4:00 PM, Monday, August 6, 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. Council is considering several alternatives to address critical needs for Fire Station 2, the Police Department, and the City Center building. This is an extra work meeting called to give Council members additional time for discussion and to receive updated information. It's fairly unusual to call for an additional work meeting. But this is an important topic that we will be discussing

Business



1. City Center Presentations
   • Review of Options
   • Updated Space Analysis
   • Report on Public Input
   • Additional Information
2. Council Discussion, including Questions and Answers



Adjournment

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PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 PM, Tuesday, August 7, 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 the bond election for the Provo City Center. (18-073)
   Council is considering several alternatives to address critical needs for Fire Station 2, the Police Department, and the City Center building. An option will need to be selected in order to prepare the necessary information to place a bond on the November 2018 ballot. Most of the discussion will have occurred at the Work Meeting on the previous day. This will be an opportunity to hear answers to questions that were raised the day before, but needed to be researched. A motion to strike option 2 from the options to be considered and to vote on either option 1 or 3 at the August 7, 2018 Council Meeting was approved 7:0.
   
   A motion to update the resolution bond language to include the terms “police and fire headquarters and emergency dispatch center” and “city hall” was approved 7:0. We discussed this for two hours on Monday. We discussed it for an hour at the beginning of the meeting. And then we tabled the discussion until the end of the meeting when we discussed it for another hour. The Administration went to heroic lengths to run additional models and calculations overnight in order to get us information we requested. Councilor Stewart caught a mistake in the numbers and the Administration tracked down the problem and gave us corrected figures before the end of the meeting.
   
   It was apparent that Option 2 was not a contender. So we eliminated it.
2. A discussion on a Rules Committee proposal regarding amendments to the Council Handbook and Provo City Code (18-078)
   The Rules Committee will be presenting several recommendations pertaining to Council’s policies and procedures, including how the Council defines and establishes “Council Committees.” The changes to the Handbook would increase the emphasis on parliamentary procedure. I am curious how current and recent committees would have worked under the new proposed rules for Council Committees. The Administration has raised some concerns about our use of committees. I think it would be good to discuss what procedures the Administration follows when it forms committees. A motion to place the Code changes on an upcoming Council Meeting agenda and to approve the Handbook changes was approved 7:0.
   
   A motion to place the Code changes on the Consent Agenda for the August 21, 2018 Council Meeting was approved 7:0. It seems like we are constantly chasing our tails on committees. We agree on the procedure and never follow it, then we change the procedure and still don't follow it.
3. A presentation on the Sewer Metering Study (18-052)
   Public Works will share results of their sewer metering study and how it relates to future growth, and the implications for the timing and location of a new treatment plant. I don't know much about this one. We've been waiting to get word on the progress of site selection. I know they've been measuring flows in various areas to see how they match up with modeling. It seems strange that they would request an item to report on just that. I hope everything is okay. Presentation only. They only made it halfway through their presentation. Next time we'll learn more about the options we have for the problems we are facing and the price tags of those options. Based on the number of housing units approved in West Provo, we are almost at the functional capacity of the bottlenecks of our sewer collection system. And we already have a commitment to provide a hundred or so more. Until we have a plan to solve the bottlenecks and increase the capacity of the system, I believe it would be foolish to approve more housing units.
4. A presentation on Utah's Housing Gap (18-070)
   On May 1 of this year, the Salt Lake Chamber officially launched the Housing GAP Coalition. This group includes business and community leaders from throughout the state and is the first of its kind in the nation. The Coalition aims to address Utah’s looming housing affordability problem before it’s too late. This group was formed as a direct response to a new study, commissioned by the Salt Lake Chamber and conducted by the Kem C. Gardner Policy Institute. The study concludes that the rate Utah’s housing prices are increasing threatens our cost of living, economic prosperity and quality of life. You can read the entire study here. I believe that to be healthy, our housing stock needs to offer housing for a cross-section of society. Presentation only. This is a problem across the Wasatch Front. It will take work on the part of many to address the problem.
5. A discussion on a draft of the Environmental Assessment (EA), Land and Water Conservation Fund (LWCF) Timp-Kiwanis Bounous Property Conversion (17-036)
   Over the past year the Parks and Recreation Department has been working with Clegg Consult and the State to remove the LWCF designation on Timp-Kiwanis Park due to the park no longer meeting the requirements. Upon approval of this conversion, Parks and Recreation has proposed that the property is surplussed and sold to Provo School District. The proceeds of the purchase are required to be used to purchase land only and the land would need to qualify for the LWCF designation.
   
   The draft environmental assessment for this property conversion will have been released at the end of July. Council will be getting a quick overview of the assessment as well as the plans moving forward for the Council meeting on August 21. We've been working on this for a long time. I glad it's moving forward. Presentation only. We walked through the Assessment by the third-party consultant who authored the document. The comment period is still open.



Policy Items Referred from the Planning Commission



6. 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 neighborhoods. After discussion in a work session, Council requested consideration of some amendments and this request was sent to the Planning Commission. Planning Commission recommended approval.
   
   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. This was continued at our last Council Meeting at the request of a couple Councilors. A motion to send the original [April Work Meeting] draft back to the Planning Commission was approved 7:0. This proposal came out of one of our committees and the Council asked the Planning Commission to review it. There was a break down in communication and the Planning Commission review a different version. After some discussion, we decided to ask the Planning Commission to review the original proposal before moving forward with it.
7. A discussion on an ordinance text amendment to Sections 14.10.40 (Lot Width) and 14.10.45 (Lot Depth) to decrease the required minimums for R1 Single-family zones. Citywide application. (PLOTA20180063)
   This amendment seeks to modify the minimum lot width and minimum lot depth requirements for lots within the R1 single-family residential zones. Similar lot amendments were proposed 2016 and brought to the Planning Commission. Approval was recommended, but the amendments were never taken to the City Council because a broader revision to Chapter 14.10 was recommended. Limited staff resources have not allowed that type of extensive revision. Planning Commission recommended partial approval. The Staff and Planning Commission recommendations are to approve the lot depth changes but not the lot width changes. This is a compromise that I am comfortable with. A motion to substitute the Planning Commission’s recommendation for the implied motion at the August 7, 2018 Council Meeting was approved 6:1, with David Harding opposed. As noted above, Staff and the Planning Commission gave a partial recommendation. The motion was to change our implied (default) motion to be to pass the recommendation and not the original application. I felt that it is more transparent to start with the original application and then move to amend the implied motion during the main Council Meeting. My fellow Councilors disagreed.
8. A discussion on a rezone request located at 1138 N Geneva Rd, from A1.5 to R1.6PD for approximately three acres, to allow for a twelve-lot subdivision (Lakeview Meadows). Lakeview North Neighborhood. (PLRZ20180089)
   Ty Vranes, for VP Homes, LLC (the “applicant”), is requesting a zone change for three acre portion of a 5.931-acre parcel, which is located at approximately 1138 N Geneva Road in the Lakeview North Neighborhood. The property is currently zoned A1.5 and the request is to rezone the three-acre portion of the lot to R1.6PD to allow development of 12 single-family detached dwellings. Planning Commission recommended approval. Staff recommends denial. The Planning Commission recommends approval. Overall I like the proposal. It is small and would represent a mix of housing types for that area. It is small enough that I don't think it would materially impact the sewer situation. On the other hand, is it fair to approve smaller proposals but delay larger proposals until the plans have been worked out? Presentation only. This item was already scheduled for the August 7, 2018 Council Meeting. See my report for item 5 in the evening meeting.
9. A discussion on a request for a General Plan Amendment to adopt the Maeser Neighborhood Plan. (PLGPA20180201)
   City staff organized an advisory group of residents that expressed interest in establishing a neighborhood plan for Maeser. The group met periodically to discuss the current conditions of the neighborhood and plan for the future of their neighborhood. City staff helped to pull everything together into a draft and obtained additional feedback from the group and the neighborhood. The updated draft is being requested for adoption into Appendix ‘H” of the Provo General Plan where other neighborhood plans are located. The adopted plan will allow residents, City officials, and developers to see what the vision is for the Maeser Neighborhood in greater detail than the General Plan to ensure that proper decisions are made to protect and improve the neighborhood with a clear focus. Planning Commission recommended approval. Another fine product of the collaboration of our Community Development department and the community. Presentation only. This item was already scheduled for the August 7, 2018 Council Meeting. See my report for item 6 in the evening meeting.
10. A discussion on an ordinance text amendment to 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)
    Certain commercial uses have been permitted in the RC Zone in historic buildings, which are defined as building listed on the Provo Landmarks Register. The same uses are not permitted in historic building in adjacent R1 zones. Currently 17 properties would be affected by this amendment in the Foothills, Franklin, Joaquin, and Maeser Neighborhoods. Planning Commission recommended approval. My biggest concern is that there be safeguards in place to protect the environmental expectations of residential neighborhoods. Presentation only. This item was already scheduled for the August 7, 2018 Council Meeting. See my report for item 7 in the evening meeting.



Closed Meeting

11. 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. None requested.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, August 7, 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. A presentation and recognition of several Provo Recreation Center lifeguards
   Presentation only. The quick action, and quality training, of our Rec Center lifeguards averted a tragedy. A small child was spotted, rescued, and revived. The responding firefighters were thoroughly impressed by the skill exhibited by lifeguards.
2. Neighborhood Spotlight: Provo Pig
   Presentation only. Karen Tapahe and the Council interns, Abby and Joe, have helped get the word out about the County Fair by using BrigHAM, a plywood cutout pig.



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


A resolution providing for the holding of a local special bond election in Provo City, Utah, for the purpose of submitting to the qualified electors of the City the question of the issuance and sale of General Obligation Bonds in an amount to be determined; providing for the holding of a public hearing and the publication of a Notice of Public Hearing; and providing for related matters. (18-073)
Council is considering several alternatives to address critical needs for Fire Station 2, the Police Department, and the City Center building. An option will need to be selected in order to prepare the necessary information to place a bond on the November 2018 ballot. This is the big one. We'll know much more after our Work Meeting on Monday. I actually don't think we should pass this resolution on the 7th. I think we should select an option and then use the following two weeks to carefully study and tailor the proposal. So much of the discussion has been on which of the three options is best. Variables have been kept artificially constant across the options to allow for a fairer comparison. Once the winning option has been selected we should revisit those variables to make sure we are moving forward with the best proposal for Provo. A motion to insert the necessary language for Option 3 (new construction) and to specify that the construction of city hall would be in the downtown area was approved 7:0. The resolution was approved as amended 7:0. Coming soon to its own blog post near you!

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. If the Council chooses to pursue Option 1 (the mall option), then it makes sense to purchase this option to buy the property. Postponed indefinitely after Brixton Capital said that no charge would be necessary to preserve the opportunity to purchase the property.

An ordinance amending Provo City Code to decrease the required lot width and depth minimums for single-family zones. City-wide Impact. (PLOTA20180063)
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 of item 7 in the earlier meeting. Passage of the Planning Commission version, as substituted by motion in the August 7, 2019 Work Session, was approved 7:0. If the original was passed, the applicant would be able to split her property into 3 lots. With the changes we made, she will be able to split it into 2 lots. Much of the discussion, though, rightly focused on the potential impact of the change on the rest of the City since the change would have city-wide application. Some spoke in favor of it as a good tool for infill and redevelopment. Others spoke against it. Many neighboring communities do not have any depth requirements at all. In the end, we decided to follow the Staff and Planning Commission recommendation.

An ordinance amending the Zone Map Classification of approximately 3 acres of real property, generally located at 1138 North Geneva Road from Agriculture (A1.5) to Single-Family Residential (R1.6PD). Lakeview North Neighborhood. (PLRZ20180089)
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 of item 8 in the earlier meeting. Continued indefinitely 7:0. I really like this development proposal. It is only 12 units and provides a different housing type then what is around it. The neighborhood supports it. The Planning Commission recommends it (though Staff doesn't). But because of the sewer collection situation that we are in, we didn't feel like we could move ahead.

A resolution to adopt the Maeser Neighborhood Plan as a component of the Provo City General Plan. (PLGPA20180201)
This is item 9 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 of item 9 in the earlier meeting. Approved 6:1, with David Harding opposed. We heard item 8 earlier in the night so this was the last item. The Chair had emailed the Council shortly before the Work Meeting and asked if adoption of the plan could be delayed so the committee could consider an additional goal of using formed based code. The Chair didn't attend the meeting and the Vice-Chairs seemed to differ in their opinions about the request. Honestly, after 11 hours of City meetings and a 16 hour work day, I was having a hard time staying focused. I didn't feel good about adopting the plan without understanding the neighborhood chair's request so I voted against doing so.

An ordinance amending Provo City Code to allow commercial uses to operate "only in historic buildings" in the Residential Single Family (R1) zone. City-wide Impact. (PLOTA20180094)
This is item 10 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 of item 10 in the earlier meeting. A motion to change prohibited uses from “6513 and 6518” to “6513 through 6518” was approved 7:0. The ordinance was approved as amended 7:0. A resident spoke his concern about professional offices including drug treatment centers. The Staff presenter then read from the prohibited use codes to show that several potentially non-compatible offices uses were actually prohibited, including drug treatment centers. But it seemed like he read 6513 through 6518 rather than just 6513 and 6518. I asked for clarification and it was discovered that the ordinance as written wouldn't have actually prohibited drug treatment centers. I grateful for concerned citizens who help us catch mistakes like this.

An ordinance amending Provo City Code regarding allowances and requirements of home occupations. Citywide impact. (PLOTA20180109)
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 of item 6 in the earlier meeting. This item was continued following an approved motion during the August 7, 2018 Work Meeting, which returned a draft of the changes to the Planning Commission. As noted above, we want the Planning Commission to make a recommendation on our original proposal.

**CONTINUED to a future Planning Commission meeting** An ordinance amending Provo City Code to increase buffering requirements when adjacent to a residential zone. City-wide Impact. (PLOTA20180216)

Adjournment