Council Meetings - 23 October 2018

In my opinion, the "Future Land Use Map" for southwest Provo is the most important item on the agendas.

I hope that everyone with lingering questions or concerns about the proposed bond will come to the town hall meeting at 7:30pm tomorrow. It's been a while so let me thank the Council Staff for putting together the agenda and the background information on each of the items. Only the "preview" sections (and later the "report") sections are my own writing.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

3:30 PM, Tuesday, October 23, 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 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 public comment period was reopened for the draft environmental assessment for the Timp-Kiwanis Bounous property conversion. This is an update on the public comments received. It will be formally heard at the November 13 Council meeting. I still support this transaction. I believe we are nearing the point that we can submit our application for property conversion to the Federal Government. Then we wait some months to hear back from them whether or not we can proceed. Presentation only. Updates were made to address the public comments that were received. The updates were substantive enough to justify reopening the public comment period again. It will close in a couple of days. We will hear this again on the 13th of November and will be asked to approve its submission to the National Parks Service for their approval.
2. A discussion on the proposed language for the resolution supporting housing affordability in Utah County (18-070)
   Council reviewed an affordable housing resolution from the Salt Lake Chamber of Commerce at the September 25 work meeting and wanted to consider additional revisions. This item was continued from two weeks ago when we first heard it in a Council Meeting. A new concern was raised about the commitment to "ensure." In the interim, the resolution was reworded to a commitment to "work towards the goal." A motion to remove “and fees” from line 40 of the draft resolution was approved 6:0, with Councilor Kay Van Buren excused. Yet again we left our afternoon work meeting feeling good that we had a consensus on this item. Read the report in the evening meeting to see how it unraveled yet again.



Policy Items Referred from the Planning Commission



3. A discussion for a request to rezone portions of the East Bay Golf Course from Regional Shopping Center (SC3) and Planned Industrial Commercial (PIC) designations to Public Facilities (PF). East Bay Neighborhood. (PLRZ20180323)
   As a result of the negotiations with the developer of the Norda School of Osteopathic Medicine and the Rocky Mountain University of Health Professions to purchase a portion of the East Bay Golf Course, and at the request of the Provo Municipal Council, it was determined to be in the best interest of Provo City and the East Bay Golf Course that the golf course should be located in its entirety in the Public Facility Zone. This application essentially resolves current land use/zoning conflicts and results in the entirety of the current golf course and future expansion area being in the Public Facilities Zone. This is a good way to signal to developers and the broader community that we are not interested in redeveloping the rest of the Golf Course. Presentation only. This item was already scheduled for the October 23, 2018 Council Meeting. I found it interesting that the developers may request a "South Campus" zone for part of their property.
4. A discussion on a request to amend the General Plan Map regarding land west of the I-15 Freeway and south of the Provo River. Lakewood, Sunset, Provo Bay and Fort Utah neighborhoods. (PLGPA20180225)
   On a vote of 5:2, the Planning Commission recommended that the Municipal Council adopt the General Plan Land Use Map for the Southwest Area Neighborhood Plan, based on the efforts made by the Committee, neighbors, and staff to address the future development of the area. The Planning Commission recommended that the RES designation on the Map be defined as four units per acre as a net acreage calculation, rather than a gross acreage calculation. This recommendation is consistent with the recommendation of the West Side Advisory Committee. This is the major milestone in a years-long process to plan for future development in west/southwest Provo. I feel that the committee has struck a good balance between the many competing interests for the area. I have requested some discussion on the Provo Trail corridor as well as the status of irrigation water at the meeting. Presentation only. This item was already scheduled for the October 23, 2018 Council Meeting. The proposed map represents years of work and a good balance between many competing interests.
   
   In response to my questions, Public Works staff explained that less of the City's water is leased for irrigation water in west Provo, but that it hasn't been a policy decision or because of action by the City. Farmers have to get the water to their fields and they do that through canals (and canal co-ops to manage them). As some farmers have quit farming, the maintenance of these canals falls to fewer and fewer participants, until they are abandoned. Then farmers stop leasing water. The City acknowledged that some fields had been effectively watered by the high water table, which has dropped with the building of Lakeview Parkway and pumping of City wells inside what is now effectively a dike.
   
   I felt that everyone on the Council and in the Administration were in agreement that the Provo River Trail corridor needs to be preserved, particularly west of Lakeshore Drive.



Closed Meeting

5. 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.

---

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, October 23, 2018

Opening Ceremony

Items in this category do not involve legislative action. Minutes Approved by unanimous consent.



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

1. A resolution adding the house generally located at 395 E 100 N to the Provo Landmarks Register. Joaquin Neighborhood. (PLLN20180305)
   Scott and Whitney Christopherson have nominated the house located at 395 East 100 North to the Provo Landmarks Register. All nominations to the register are reviewed by the Landmarks Commission for compliance with the requirements and standards set forth in Provo Code 16.05.020. Landmarks Commission recommended approval. As I said after the Work Meeting discussion, this is "a good addition to the Register." Approved 7:0. I'm grateful for the sense of history and heritage that our historic homes and buildings continue to provide to our community. I am also grateful for the individuals who voluntarily accept the additional regulations that come with historical listings. This truly is a great addition to the Register.
2. An ordinance to amend the General Plan Map regarding land west of the I-15 freeway and south of the Provo River. Lakewood, Sunset, Provo Bay, and Fort Utah Neighborhoods. (PLGPA20180225)
   This is item 4 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. I wonder if we'll pass this on the first hearing, or if it'll come back next time. Here is what I said in the preview during the earlier Work Meeting, "This is the major milestone in a years-long process to plan for future development in west/southwest Provo. I feel that the committee has struck a good balance between the many competing interests for the area. I have requested some discussion on the Provo Trail corridor as well as the status of irrigation water at the meeting." Continued to the next Council meeting for a second hearing. It was a good discussion with many of the key stakeholders who help develop the map. There are some people requesting tweaks to the map. It was continued again to give the public a little more time to review and comment on the draft that we are considering for adoption.
3. An ordinance amending the Zone Map Classification of approximately 77.5 acres of real property, generally located at 1860 South East Bay Boulevard, from Regional Shopping Center (SC3) and Planned Industrial Commercial (PIC) to Public Facilities (PF). East Bay Neighborhood. (PLRZ20180323)
   This is item 3 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. From my earlier preview, "This is a good way to signal to developers and the broader community that we are not interested in redeveloping the rest of the Golf Course." Approved 7:0.
4. A resolution regarding a pledge of support and to identify measures to be taken to address Utah's housing needs across the State and in Provo City. (18-070)
   Council reviewed an affordable housing resolution from the Salt Lake Chamber of Commerce at the September 25 work meeting and made some revisions. From my earlier preview, "This item was continued from two weeks ago when we first heard it in a Council Meeting. A new concern was raised about the commitment to "ensure." In the interim, the resolution was reworded to a commitment to "work towards the goal"." A motion to continue this item to the November 13, 2018 Council Meeting was approved 7:0. I'd say the biggest concern I heard was that if we pass this resolution, there may be times in the future that people will use it against the Council to demand changes that are in their own interests but not the general interest of the residents of the City.
   
   I agreed to take it back again to see if we can find a consensus that will last through both meetings.
5. **THIS ITEM HAS BEEN CONTINUED** McClean Properties LLC requests Ordinance Text Amendments to Sections 14.50 and 14.37.100 to allow for new Project Redevelopment Option Zone to permit six additional dwelling units on the property, and to allow for a one-way drive aisle for parallel parking spaces for property located at 385 N 500 W in the Residential Conservation Zone. Dixon Neighborhood. (PLOTA20180292)
   This item was continued by the Planning Commission.
6. **THIS ITEM HAS BEEN CONTINUED** McClean Properties LLC requests a zone change for approximately one acre of property located at the 385 N 500 W from Residential Conservation to a Project Redevelopment Option Zone to allow for six additional dwelling units. Dixon neighborhood. (PLRZ20180293)
   This item was continued by the Planning Commission.
7. **THIS ITEM HAS BEEN WITHDRAWN** The Provo City Economic Development Department requests a Code Amendment to Section 14.20.160(7) to increase the amount of residential development in a Regional Shopping Center Zone (SC3) Zone from 20% to 33%. Citywide application. (PLOTA20180231)
   This item was withdrawn from the Planning Commission agenda.



Adjournment

---

PROVO MUNICIPAL COUNCIL
Town Hall on the Provo Police, Fire, and City Facilities Bond

7:30 PM, Tuesday, October 23, 2018

Town Hall Agenda



• Welcome by Council Chair
• A presentation on the bond, what it does, and what happens if it passes or fails
• A presentation/speaker for the bond
• A presentation/speaker against the bond
• Question and answer period
From what I've seen, there is general praise for how the Town Hall meeting turned out, by proponents and opponents of the bond alike. Watch it.


Adjournment

The Provo Police, Fire, and City Facilities Bond

"Shall Provo City, Utah be authorized to issue General Obligation Bonds in a principal amount not to exceed $69,000,000 million and to mature in no more than 20 years from the date or dates of issuance of such bonds for the purpose of paying all or a portion of 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, to the extent necessary, for providing moneys for the refunding of general obligation bonds?"



This fall, Provo City is asking you to allow us to borrow up to $69 million dollars to replace our police, fire, and dispatch centers, city hall and city offices, and Firestation #2. This would raise property taxes on the median home in Provo by about $10 per month. This is not something that we did lightly and comes at the end of a very involved process of determining our needs and the most responsible way to meet them.

I invite everyone to learn about the bond and to make up their own minds whether or not it is justified. Here are some ways that you can do this:

• The City has assembled the factual information onto one website: VoteProvo.com. 
• The Mayor is in the middle of a listening tour, with the next stop at Dixon Middle School on October 17th at 7pm.
• The Council is hosting a Town Hall focused on the bond question. October 23rd at 7:30pm in the Council Chambers.
• Tours are being provided of the Police Station downtown and the Fire Station on Canyon road. The next tours are on October 16th from 6-8pm, and October 20th from 9-11am.

After reviewing all of the material and going on the tour, I am reluctantly yet resolutely supporting the bond. Asking for money from our citizens is never easy, but the needs are such that not acting would be irresponsible.

If, after reviewing the information, you agree that this is a necessary and critical need for Provo, I invite you to help out in the following ways.

• Add your name to the list of supporters.
• Request a lawn sign.
• Volunteer to knock doors in your area to raise awareness.*
• Donate to the campaign informing voters and encouraging them to vote yes.
• Encourage others to get informed.

*It's late notice but tomorrow, 13 October, 9am at the Pioneer Park Farmer's Market, we'll be starting a blitz to raise as much awareness as possible about the bond. Join us for the big kickoff.

Council Meetings - 9 October 2018

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

2:00 PM, Tuesday, October 9, 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 a conservation easement for Rock Canyon (17-085)
   The Rock Canyon Preservation Alliance has presented the idea of placing a conservation easement on Rock Canyon to preserve the property’s natural habitat in the future. Brian Jones from Legal will update the Council on what is included in the current easement draft, and then Doug Robins from Parks and Recreation will present an alternative proposal. Afterwards, Erik Davis and Ginger Woolley from the Rock Canyon Preservation Alliance will respond. We've been working on this one for a while. RCPA raised half of the money to purchase this land. The easement will allow flexibility in the management of the site through the Rock Canyon Master Plan. It has been a very collaborative process that I support. Presentation only. This is a status update on the work between Parks and Rec and the RCPA. The proposed conservation easement is pretty much done and the final version will be presented to us around the end of the year along with the Rock Canyon Trail Head Master Plan.
2. A discussion on a Council Intent Statement regarding the City Center location and the use of land in the downtown Provo area (18-093)
   This is meant to convey Council’s intent regarding the proposed new facilities. The proposed statement makes clear the Council's intent regarding the location of the new facilities that would be funded by the bond (same site, unless something substantially better comes along) and the potential for new businesses and attractions on Center Street once the old facilities are removed. A motion to approve the intent statement as amended in the meeting was approved 7:0. After a couple tweaks the Mayor joined the Council in unanimously approving this Intent Statement.
3. 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. This is a continuation of the discussion from the September 25 Council work meeting. This committee recommended creating a new committee to improve our budgeting process and bring it more in line with best practices. It didn't say too much about a potential committee that would help the Council review tentative budgets as they are proposed each year. The process we used to pass the budget this last year had several improvements over past years. If the administration wants to follow this committee's recommendation, I will support their wishes. As for our review, I'm content to see if continuing to make small incremental improvements will meet our needs of oversight. An amended motion to eliminate the budget subcommittee and resort to the Council as a committee of the whole regarding budget issues was approved 7:0. The consensus was that between the department presentations throughout the spring and our capable policy analysts, the Council has a robust procedure to evaluate the proposed budget. We still have the ability to create a committee in times of need. I encouraged, and the Administration agreed, to carefully consider the Ad Hoc committees recommendations, as they were directed towards the process of creating the budget.



Policy Items Referred from the Planning Commission



4. A discussion on a zone change request for the property generally located at 1776 S. Buckley Lane from Public Facilities (PF) to R1.6PD to facilitate a 33-lot subdivision. Provost South neighborhood. (PLRZ20180224)
   This is the site of the former Utah County Jail. Provo City sought development proposals for the site and Gardner and Associates is currently under contract to purchase the site and construct 33 single-family homes. Planning Commission recommended approval. There is some irony that neighbors who have lamented the loss of young children in their schools and neighborhood due to some demographic shifts in the area are supporting a large development that would be restricted to the 55+ crowd.
   I'm not a fan of segregating people in housing, so I'm not wild about this idea. Presentation only. This item was already scheduled for the October 9, 2018 Council Meeting. I was able to voice my discomfort about the age restrictions, well aware that my displeasure wouldn't make a difference.
5. A discussion to add a home, located at 395 East 100 North, to the Provo Landmarks Register. Joaquin Neighborhood. (PLLN20180305)
   Scott and Whitney Christopherson have nominated the house located at 395 E 100 N to the Provo Landmarks Register I'm looking forward to the presentation, but, from all I've read, this looks like a great addition to the Register. Presentation only. This item was already scheduled for the October 23, 2018 Council Meeting. Definitely a good addition to the Register.



Closed Meeting

6. 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 held.

---

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, October 9, 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. A recognition of Wayne Parker for his 15 years of service at the City of Provo and 35 years of service in city management.
   Presentation only. In the absence of our chair, Gary Winterton, it was my pleasure to present this recognition. Mr. Parker has been a tremendous asset to Provo and her residents over this past decade and a half.
2. A presentation of the Leadership in Energy and Environmental Design (LEED) standards for the Energy Department's building.
   Presentation only. LEED Gold is not an easy achievement. The building was award-winning, on-time, and under-budget. It sets a good standard for all future city facilities.



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 the presentation of the item, but will be limited to a ten minute total comment period.
Ben Stanley, one of two people from the County to be nominated for the new UTA Board of Trustees, introduced himself and talked about his vision for public transit in the State. He previously wrote an Op-Ed in the Herald.



Consent Agenda

Items on the consent agenda are generally routine in nature, have been fully vetted in other meetings, or do not need additional discussion. They are approved together as one item. Items on the consent agenda were approved 6:0 with Gary Winterton excused.
3. A joint resolution of the Provo City Mayor and Municipal Council appointing temporary Justice Court Judges for the Provo City Justice Court. (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 is basically approving of the list of substitutes that can be called on when Judge Romney is unavailable.
4. A resolution reappointing Bob Conner as Provo City Constable to serve a four-year term. (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. As I reported earlier, "This has worked very well for us in the past, and the Justice Court is happy to continue the relationship."



Action Agenda

5. 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)
   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. The question here is about animal rights. The plan for this location is residential, but the applicant has requested an agricultural zoning. There has been some concern about the compatibility of the animal rights that goes along with the agricultural zone with the surrounding residential properties. The discussions have been ongoing, so it'll be interesting to see where they are at tomorrow. A motion to continue this item to a future meeting to allow time for a proposal from the property owner was approved 6:0 with Gary Winterton excused. All feedback received from the surrounding neighbors was that they opposed having horses on the property (even though many love horses). It was clear that the Council was not going to proceed with the rezone under the requested conditions. The continuation allows the applicant to decide how and if they want to proceed.
6. A resolution appointing Hannah Salzl as Policy Analyst for the Provo City Municipal Council office. (18-092)
   Some positions within the Council office require a resolution as part of the hiring process. The Council relies heavily on the policy analysts to gather the information we need to do our jobs. Approved 6:0 with Gary Winterton excused. Ms. Salzl will make a great addition to our office.
7. A resolution regarding a pledge of support and to identify measures to be taken to address Utah's housing needs across the State and in Provo City. (18-070)
   Council reviewed an affordable housing resolution from the Salt Lake Chamber of Commerce at the September 25 work meeting and made some revisions. Housing affordability is one of the most pressing issues that we face. We appreciate and support the Chamber's efforts to educate and build consensus across communities. After a few tweaks to the proposed resolution, I have no reservations about passing it. A motion to continue this item to a future meeting was approved 5:1 with Kay Van Buren opposed and Gary Winterton excused. I would have preferred to complete all the word-smithing during our work meeting two weeks prior. We had scheduled a 45-minute discussion, but only took like 10 because no one raised any objections and only spoke in support. But before the final vote some good suggestions were made for improvements, so we'll take it back for some more refining and will try again in a couple weeks.
8. An ordinance amending the Zone Map Classification of approximately 7.37 acres of real property, generally located at 1776 South Buckley Lane from Public Facilities (PF) to One-Family Residential Planned Development (R1.6PD). Provost South Neighborhood. (PLRZ20180224)
   This is item 4 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. From my preview above, "There is some irony that neighbors who have lamented the loss of young children in their schools and neighborhood due to some demographic shifts in the area are supporting a large development that would be restricted to the 55+ crowd.
   "I'm not a fan of segregating people in housing, so I'm not wild about this idea." Approved 6:0 with Gary Winterton excused. This was presented by one of the Vice-Chairs from the Provost South Neighborhood. She responded directly to some of what I wrote in my preview, as well as to some of the comments I made earlier in the day. I'm glad that these previews and reports are at least occasionally read. I want to be as transparent as possible and make it as easy as possible to be informed and engaged.



Adjournment