Council Meetings - 25 September 2018

PROVO MUNICIPAL COUNCIL
Joint Meeting with Energy Board

1:00 PM, Tuesday, September 11, 2018

Council regularly schedules meetings with key boards and commissions to discuss current issues and ways to improve processes.I've sat in on Energy Board meetings before and I believe the first two items are fairly standard for them. They need to be looking to the future to ensure that they are positioning the Energy Department accordingly. Past reliability reports have shown what great electrical service we get here in Provo.

1. A discussion on SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis for strategic planning
2. A discussion on reliability
   
3. A discussion on time-of-use rates
   This discussion was at my request. I think it is best to align the financial incentives between the consumers, the Energy Department, and the Umbrella power agency, and then let the consumers decide if they want to make any changes to lower their bills. Three options were presented, going from complicated and well aligned to simple and a rough approximation. We need more study to determine what is best for the residents of Provo, but honestly, any of the three options would be better than the structure we have now.
4. A discussion on resources and Utah Municipal Power Agency (UMPA)
   We received a preview of some exciting announcements regarding solar. The details are still being finalized, and it looks like the big announcement will come next month, but since it was a public meeting, you are welcome to watch the video of the meeting to hear what they said.

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PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 PM, Tuesday, September 25, 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.

1. 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. This one is back on the agenda. The last time we were supposed to hear it was in July. This is what I said then, "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.
   Council requested that staff distribute the committee recommendation from the Administration for review. This item will be scheduled for the October 9, 2018 Work Meeting for further Council discussion. This was a really robust discussion without out any clear ideas or consensus on how to move forward. We are doing some extra study between meetings and will pick this back up on Tuesday.
2. A discussion regarding the Salt Lake Chamber's Affordable Housing Resolution (18-089)
   Brynn Mortensen, Public Policy Analyst with the Salt Lake Chamber, came to the August 7 Work Meeting and presented on issues that Provo City could address, including information on the way we handle land use and housing policy at the local level. She presented the research from the Kem C. Gardner Policy Institute, which included actionable steps that cities, towns, and counties can take to examine their housing policies and make a difference.
   
   The Affordable Housing Resolution is the next step that the Salt Lake Chamber is asking cities to take. They have indicated there will be a public list of cities that approve the resolution and include those that did not approve the resolution. Thus far, there have been three passed in the state at the local level: Draper City, Farmington City, and Box Elder County.
   
   At the September 18 Housing Committee meeting, the Committee discussed the action steps and proposed making slight amendments to the wording and gave general consensus based on this recommendation. Housing affordability is a critical topic right now. I feel that Provo is already fulfilling much of what is being asked of us in this proposed resolution and that the whole Valley would be better off if all the cities joined us. But I am uncomfortable making all of those commitments because there are reasons for some of those actions.
   
   As part of the Housing Committee, I was able to participate in the discussion that lead up to our recommendation. It was neat to see it all come together. I feel very good about it as the best way forward. A motion to move the resolution as amended to the October 9, 2018 Council Meeting agenda was approved 7:0. I believe we scheduled 45 minutes for discussion on this topic, but everyone liked the committee recommendation and it resolved all the concerns, so we were done in 5. Basically, we struck the requested language about impact fees and zoning. Unless we provide less of the services (parks, clean water, etc) that impact fees pay for, reducing or eliminating impact fees only shifts the burden from new housing (which is causing the need to create new parks and water lines) to existing housing. It may make new housing more affordable, but would negatively impact the affordability of current housing.
3. A discussion regarding public comments received from the Draft Environmental Assessment and an update on the Final Environmental Assessment preparation for the proposed Land and Water Conversion Fund property conversion (17-036)
   The draft environmental assessment for the Timp-Kiwanis Bounous Park conversion finished its public comment period and those comments will be discussed in addition to next steps for the process. We are nearing the point where we can send this off to the Feds to get their approval. Presentation only. Some fairly significant changes where made based on the comments collected during the public comment period, so a new public comment period will be held starting on 3 Oct and continuing for 30 days.
4. A discussion on temporary Justice Court judges (18-089)
   State law allows for the appointment of temporary justice court judges when the regularly appointed justice court judge is absent or disqualified, including when he has recused himself due to a potential conflict of interest. The statute requires that the governing body appoint temporary justice court judges. This will add to the list of backups for our Justice Court Judge. A motion to place this item on the consent agenda for the October 9, 2018 Council Meeting was approved 7:0. I'm not thrilled with just approving a whole laundry list of back up judges.
5. A discussion on the appointment of a Justice Court Constable (18-091)
   According to amendments made to Utah Code 17-25a-1, it is a requirement that the term for appointing a constable be four years. The current constable’s term has expired and a new appointment needs to be made. The constable’s duties include security at the Provo Justice Court, transporting inmates to and from the County jail, and serving warrants. The Constable Nominating Commission recommends reappointing Bob Conner to continue in his role as constable. The report says that the current constable has provided great service in the past and that the Court is content to continue on with the constable into the future. A motion to place this item on the consent agenda for the October 9, 2018 Council Meeting was approved 7:0. This has worked very well for us in the past, and the Justice Court is happy to continue the relationship.



Policy Items Referred from the Planning Commission



6. A discussion on a request for a Zone Change from Public Facilities (PF) to Agriculture 1 (A1.1) for 5.89 acres located at 1437 E 2300 N. Rock Canyon Neighborhood. (PLRZ20180239)
   The property owner purchased the land in 2007 in order to create single family lots at a later date. The applicant has now applied for the necessary zone change and preliminary subdivision that would enable the property to be subdivided into three single-family lots. The property is currently a mostly vacant parcel that contains a storage building for the US Forest Service. Planning Commission recommended approval. My only concern is that the General Plan calls for this area to be residential, not agricultural. I want to make sure that there aren't any problems in the future because agriculturally permitted uses are causing a nuisance for nearby residents. A motion to prepare an ordinance authorizing the negotiation and execution of a development agreement and approving the rezone, effective once the development agreement has been executed, was approved 7:0. This item was already scheduled for the September 25, 2018 Council Meeting; this ordinance replaces the version referenced by the implied motion. This item seemed to be on track to sail through with no opposition and little scrutiny. Once the question was raised about the compatibility of agricultural uses next to existing residential, there has been a flurry of activity. The applicant may be proposing additional restrictions on otherwise allowed animal rights. It'll be interesting to see if the now aware and concerned neighbors will be comfortable with the terms.
7. A presentation on ranked choice voting by FairVote (18-088)
   Ranked choice voting was recently discussed by the Policy Governance Committee. FairVote was asked to present more information. Ranked choice voting allows voters to rank candidates in order of choice. If your top candidate can’t win, your vote counts for your next choice, until someone wins with a majority. Utah passed legislation earlier this year to allow cities to pilot ranked-choice voting. This is my item. I get to introduce it and lead the discussion afterward. I'm excited about this opportunity that the State Legislature has given us. I feel RCV offers several significant advantages. Presentation only. We held a mock election using RCV where Raspberry Ice Cream was selected to be the dessert served at an upcoming fictitious gathering. Using our traditional form of voting, Fudge Brownie would have won, because the ice cream vote was split by Cookies 'n Cream, and the fruity ice cream vote was split by Strawberry Ice Cream. Also, the more health-conscious voters were able to put Tropical Fruit Salad as their first choice without worrying that, by not voting for a fruity ice cream, their vote would actually help Fudge Brownie to the victory.
   
   After the presentation by FairVote, which I didn't hear much of because I was counting the ballots and determining the winner, the Council decided to study it for another month before decided if and how to proceed.



Closed Meeting

8. 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, September 11, 2018

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.
1. Neighborhood spotlight - Rock Canyon Neighborhood
2. A presentation of the Employee of the Month for September 2018



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. A resolution authorizing certain Provo City Administrative Services and Finance personnel to continue to manage the Public Treasurer's Investment Fund. (18-090)
   The Utah Office of the State Treasurer is rolling out a new online Public Treasurer’s Investment Fund account management platform and the Council is required to authorize the individual Provo City employees who will be able to make changes to the City’s PTIF accounts. This must be done via resolution. Bureaucratic administration. Approved 7:0. We've now designated who has access to this bank account.
4. An ordinance amending the Zone Map Classification of approximately 5.89 acres of real property, generally located at 1437 East 2300 North from Public Facilities (PF) to Agricultural 1 (A1.1). Rock Canyon Neighborhood. (PLRZ20180239)
   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. As I said above, "My only concern is that the General Plan calls for this area to be residential, not agricultural. I want to make sure that there aren't any problems in the future because agriculturally permitted uses are causing a nuisance for nearby residents. Continued per Council Rules at the request of Councilor George Handley. We'll see what self-proposed restrictions the applicant offers, and what the neighbor response is. This area is designated to be residential in the General Plan. It is reasonable for the neighbors to have an expectation that the land will be developed as residential. The neighbors should be okay with going in a different direction before we approve it.
5. **ITEM HAS BEEN CONTINUED**An ordinance amending Provo City Code to increase buffering requirements and transitional standards when certain uses are adjacent to a residential zone. City-wide Impact. (PLOTA20180216)
   This was not ready to be heard. Item was previously continued.
6. **ITEM HAS BEEN CONTINUED**An ordinance amending Provo City Code to increase the amount of residential development in the Regional Shopping Center (SC3) Zone. City-wide Impact. (PLOTA20180231)
   This was not ready to be heard. Item was previously continued.
7. **ITEM HAS BEEN CONTINUED**An ordinance to amend the General Plan regarding the future Land Use Map that included Provo City Land west of the I-15 freeway, and south of the Provo River. Lakewood, Sunset, Provo Bay, and Fort Utah Neighborhoods. (PLGPA20180225)
   This was not ready to be heard. Item was previously continued.
8. A resolution appropriating $75,000 in the Fire Department, General Fund for fire station equipment improvements applying to the fiscal year ending June 30, 2019. (18-087)
   Each of Provo’s Fire Stations is equipped with a mechanical system which removes diesel emissions created by the various fire engines and vehicles. Several stations throughout the City have failing systems, which have resulted in costly repairs over the last two years. Facilities and the Fire Department have explored new systems which would be less expensive and more reliable. This is a request for the funds to purchase the equipment. We heard this two weeks ago in our Work Meeting. This is what I said in my report: "This is the responsible thing to do on many levels. It is doing right by our tax-payers and our firefighters. My one concern was about the timing of the request. We aren't too far removed from approving the yearly budget. Why wasn't it included there? The Chief explained that it was a known problem, but it was overlooked when assembling all the needs for the budget, and it really came to a head after the budget was prepared when the systems in two stations broke down again." Approved 7:0. This will save us money in the long run, and, more importantly, it will keep our firefighters safe.
9. An ordinance amending Provo City Code Chapter 14.41 (Home Occupations) to better preserve the residential character of Neighborhoods. (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.
   
   At the Council work meeting on August 7, 2018, it was found that the version of the code amendment given to the Planning Commission was not the same version developed by the Council. To eliminate potential confusion as to the content of the document and what the Planning Commission had intended to recommend, the Council returned the initial draft to the Planning Commission. This Planning Commission staff report highlights the differences between the two versions. After reviewing the initial draft, the Planning Commission has recommended approval.
   
   This had a first hearing at the September 11 Council meeting and a request was made to continue it for more discussion. After we continued it, here was my report, "I don't think this was a routine and/or non-controversial item, so I support it being heard again in two weeks. There likely be some discussion in the meantime about whether there may be some areas of the City where the restriction on major home occupations at properties that have accessory apartments is inappropriate." Approved 7:0. There wasn't interest by the majority of the Council to make the adjustments for accessory apartments in the RC zone, so it passed in the form we had worked out months ago.
10. **ITEM TO START AT/AFTER 6:30 PM** A public meeting allowing for the presentation of arguments for and against the proposition to issue up to $69 million of general obligation bonds for the purpose of financing the costs of acquiring, constructing, and equipping in the downtown area a new police and fire headquarters, emergency dispatch center, and city hall; acquiring, constructing, and equipping a new fire station to replace the fire station on Canyon Road, and providing for related improvements in Provo City. (18-073)
    This and the following items on the agenda are steps required as part of the process of Provo City placing a general obligation bond on the ballot. More information on the proposed Provo Police, Fire & City Facilities Bond can be found at VoteProvo.com. I will be chairing these item because Chair Winterton was the author of the "Statement For" passing the bond. This item will be for the presenting of arguments on the bond generally. The next two items are specific to the economic impact of the project on the private sector and certain procedures relating to the bond election. Any public comment on the other two items must be focused on the purpose for the items. Public hearing only. We spent hours discussing, deciding, and preparing how to handle these items to ensure we follow every requirement of the law, and to try not to give anyone a reason to complain about how it was conducted. And then we heard from 5 people.
11. A public hearing regarding (i) the proposed issuance of up to $69 million of general obligation bonds for the purpose of financing the costs of acquiring, constructing, and equipping in the downtown area a new police and fire headquarters, emergency dispatch center, and city hall; acquiring, constructing, and equipping a new fire station to replace the fire station on Canyon Road, and providing for related improvements in Provo City; and (ii) the economic impact of the project on the private sector. (18-073)
    Public hearing only.
12. A resolution establishing certain procedures relating to the holding of a bond election relating to the proposed issuance of up to $69 million of general obligation bonds for the purpose of financing the costs of acquiring, constructing, and equipping in the downtown area a new police and fire headquarters, emergency dispatch center, and city hall; acquiring, constructing, and equipping a new fire station to replace the fire station on Canyon Road, and providing for related improvements in Provo City. (18-073)
    Approved 7:0.



Adjournment