Council Meetings - 22 January 2019

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, January 22, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

Approval of Minutes

1. September 25, 2018 Joint Meeting with Energy Board
2. September 25, 2018 Work Meeting
All minutes approved by unanimous consent.



Business



3. A Quarterly Financial Report on the 1st Quarter of FY 2018-2019. (19-007)
   With the end of the first quarter of the fiscal year on September 30, 2018, the Finance Division has put a report together showing how expenditures and revenue collection compares to projections. The presentation will provide an opportunity for the Council to receive the information and ask questions. This will help the Council understand trends in revenue (sales tax, utility fees, etc) and expenditures, which will help as we begin the discussion on next year's budget. Presentation only. Generally our revenues are a little ahead of last year's "year to date" figures, and a bit further ahead of our budget. Overall our expenses are a little under the budgeted amount. If this continues through the next three quarters, we will be able to add a more to our "rainy day" fund, which is a good thing as the economy is showing some signs of being unsettled.
4. A discussion on the issuance of up to $69,000,000 of general obligation bonds for the purpose of financing Fire, Police, and other City Facilities and related matters. (19-014)
   The issuance of bonds was approved by voters in November 2018. The bonds will be sold on the morning of Tuesday, January 22. Most of the details are worked out. We won't know until that morning what the exact interest rate will be. Presentation only. This item was already scheduled for the January 22 Council Meeting. The bond sale went a little better than planned. Rather than paying the originally estimated $119.80, the owner of the median home in Provo will pay $117.84.
5. A semi-annual report from the from the Sustainability Committee. (19-016)
   The Sustainability Committee has been active in their efforts within Provo. They have recently hired a new full-time Parking and Sustainability Coordinator, Austin Taylor, who also serves as the Committee's executive secretary. Other recent initiatives include collaboration with Provo Energy Department and Utah Municipal Power Agency, improving air quality, improving energy-efficiency in local buildings, recycling education, and land use. To be clear, Provo City recently hired a Parking and Sustainability Coordinator, and, as part of his responsibilities, he serves as the executive secretary of the Sustainabilty Committee. We will hear from both Don Jarvis, who leads the Committee, and Austin Taylor. Presentation only. Committee Chair Don Jarvis recounted the efforts of the Committee and City to improve our sustainability. Committee Secretary and Provo City Parking and Sustainability Coordinator, Austin Taylor, discussed "net-zero" buildings that are designed to produce as much energy as they consume. Some commercial buildings are saving enough each year on utilities to "break even" on the added costs of "net-zero" construction after only two years. We could save Provo tax payers money for generations by investing some of the bond money into building a "net-zero" City Hall and Public Safety Building.
6. A discussion on an appropriation for the Urban Deer Program. (18-061)
   The need for an additional appropriation was originally discussed in the December 18, 2018, Council work meeting.The request before the council is to appropriate an additional $20,000 to fund the FY2019 portion of the program. This funding is needed to complete the work this year. Discussions are ongoing about the effectiveness of the program, whether it should continue, and what changes should be made. A motion to amend the resolution for the implied motion from $20,000 to $10,500 for the lethal portion of the program only was approved 7:0. This item was already scheduled for the January 22 Council Meeting. This was caused by an oversight when the budget was passed last year. The $10,500 has already been spent and the Police don't feel that they have enough staffing to continue to support the other portion. The trapping and relocation will not take place this spring. We will be carefully evaluating the results of this program before making the decision whether or not to continue it in the future.
7. A presentation on the Provo Airport and potential budget requests.
   In preparation for the FY 2019-2020 budget, different departments and divisions will be making presentations regarding their operations and budget needs. This is the first in that series and will feature the Provo Airport. The Airport is at a pivotal juncture. Duncan Aviation has just opened new facilities to service corporate aircraft and we are at capacity for commercial flights using our existing terminal. Presentation only. We are now basically at capacity for commercial flights at the Airport. More flights and more carriers would come, if only we could accommodate them. As the Valley continues to grow, the importance of having a strong regional airport will only continue to grow. The Federal Government recognizes this and will pay for much of the expansion (which includes a new terminal), but some local money will be needed. Regional and State money will likely be used as well.




Policy Items Referred from the Planning Commission



8. A discussion for a request to rezone approximately 14 acres, generally located at 2300 N University Parkway, from Regional Shopping Center (SC3) to Interim Transit Oriented Development (ITOD). Carterville Neighborhood. (PLRZ20180406)
   The applicant, Provo City Economic Development, is requesting a zone change on behalf of the owner and developer of “the Mix” property, located at 2300 N University Pkwy. The request is to amend the zone map from the SC3 to the ITOD zone for 14 acres along the north and east ends of the property. The owners of the property have an approved plan for this property under SC3 zoning with commercial, office, and residential development. However, due to changing markets and a revised plan from the developers, they now are requesting an amendment to the zoning, which will be followed by an amendment to their development plan. The zone change will enable the developers to move forward with building on “The Mix” site. Community Development staff has recommended, at the property owner’s representative has agreed, that a Development Agreement should be recorded in the office of the Utah County Recorder prior to any actual change in zoning that would include certain restrictions.
   
   The Planning Commission gave a positive recommendation dependent on a Development Agreement is signed prior to adoption of the ITOD zone that would include the following:
   1. That the remaining SC3 zone will not permit any residential uses;
   2. That 10% of the residential units in the ITOD zone must be income restricted at 60% Average Median Income or that cash-in-lieu is proffered for 10% of the units;
   3. That the attached zoning map be included in the Development Agreement which will dictate zone boundaries and road locations.
   4. That it is understood by all parties that future development of the subject property may necessitate significant improvements to city sewer facilities and that the cost of any such improvements will be the responsibility of the developer.
   This is a bit of a change in the vision for this project. This many units may have a real impact on addressing our housing needs, and could be a significant boon if it is done well. Presentation only. This item was already scheduled for the January 22 Council Meeting. It seems like the Council was fairly comfortable with this change. More time was spent discussing whether or not tax increment incentives would be requested in the future to support the project.




Business



9. A discussion for further consideration of an annexation petition for approximately 13.45 acres of property generally located at 5400 N Canyon Road (Peay Annexation). North Timpview and Riverbottoms Neighborhoods. (PLANEX20180355)
   Council will be deciding whether there should be further consideration of an annexation petition. The map of the property to be annexed and the map of the plans for the property can be found in the agenda materials. It looks like this would pave the way for a 42 house development, mostly single family detached, but with 8 twin homes. Our annexation plans include this area. I wonder how well this integrates into the rest of Provo, it looks like it is still mostly surrounded by unincorporated land. Presentation only. This item was already scheduled for the January 22 Council Meeting. This area is already in the Annexation Plan, so I think the default answer is yes. The two concerns are: is there an expectation that if we annex it the City is committed to bringing utility services to the whole area, and if neither of the properties on either side of this property are annexed does that cause additional difficulties to bring in the utilities? Should we wait until the surrounding properties are ready and then annex the whole thing?
10. A discussion on an affordable housing resolution and policy for Provo City. (18-070)
    At the August 7, 2018, Work Meeting, representatives from The Salt Lake Chamber came to discuss a policy initiative they recently headed and referred to as the Housing Gap Coalition. As part of their presentation, they discussed with the Council a study their group had recently commissioned with the Kem C. Gardner Policy Institute at the University of Utah. The study uncovered several areas dealing with housing affordability and availability that were of concern and in need of attention. One of the primary asks of this presentation was that the Council consider and pass a resolution which would unite cities in the state and partner with the Housing Gap Coalition to address housing affordability. The Council has had numerous discussions regarding this resolution, but never adopted the resolution. Council Leadership asked Council staff to review the housing policies in place and to particularly look at current policies and whether current policies would create a duplication in effort. As I've said previously, the Resolution does not commit to anything that we aren't already doing or that we haven't already committed to doing in our advisory documents (like the General Plan). Adopting this resolution signals our willingness to engage with our neighboring cities to address this problem. Ignoring the resolution gives cover for nearby cities who aren't pulling their weight when it comes to affordable housing. Approved as amended 7:0 for use in the implied motion at the Council Meeting. This item was already scheduled for the January 22 Council Meeting. We reviewed the changes drafted by staff and made one additional tweak before sending it on to the evening meeting.
11. A review of Council Board and Committee assignments, including a discussion regarding Council goals (Part 2 of 2). (19-002)
    The Council has a number of goals and priorities they would like to accomplish. Each year, the Council has a discussion where the Council committee assignments are established. This is the second of two meetings to discuss this item. What issues do we want to tackle this year? What is the most effective way for us to organize ourselves to address them? As the Administration begins assembling the budget, are there any areas that we'd like to see emphasized? Presentation only. We listed out more than a dozen issues that we would like to address this year. We will prioritize them before our next meeting. We selected liaison assignments to the various boards, commissions, and organizations. We also chose to wind down most of our standing committees and create issue-specific ad-hoc committees to tackle issues as Councilors have time and interest.
12. A discussion on the use of the surplus property list. (19-015)
    The discussion will address an alternative proposal for how the Council surpluses properties and how those properties are discussed. This item was added late. I don't know anything about it. Presentation only. A property needs to be on a surplus list before the Council can meet in closed session to discuss offers to buy it. The proposal was to release a list of all properties that Provo might consider an offer on, so that we could go directly into a closed session to discuss any future offer. I was worried about the scope of this proposal. I was afraid that pretty much every property owned by Provo could be on the list, and at that point, what is the point of the list. After expressing my concerns, I have since learned that the number of properties will much much fewer and will only include the properties that Provo would be serious about selling.

Closed Meeting



13. The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
    Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, January 22, 2019

Opening Ceremony

Items in this category do not involve legislative action.



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 authorizing the issuance of up to $69,000,000 of general obligation bonds for the purpose of financing Fire, Police, and other City Facilities and related matters. (19-014)
   This is item 4 on the work meeting agenda. This is the final authorization from the Council. Approved 7:0. That is a lot of money. But very needed and will create buildings that will serve our community well for generations. As noted in the earlier meeting, "The bond sale went a little better than planned. Rather than paying the originally estimated $119.80, the owner of the median home in Provo will pay $117.84."
2. A resolution appropriating $20,000 in the Police Department General Fund for the Urban Deer Program applying to the fiscal year ending June 30, 2019. (18-061)
   This is item 6 on the work meeting agenda. As I said above, "This funding is needed to complete the work this year. Discussions are ongoing about the effectiveness of the program, whether it should continue, and what changes should be made." Approved 7:0. Note: the title originally included an upper limit of $20,000 for the considered appropriation; during the January 22 Work Meeting, the Council amended the draft resolution for approval to include only $10,500 for the lethal portion of the urban deer program—this is the final version which was approved. See my report for this issue in item 6 in the afternoon meeting.
3. A resolution stating the intention of Provo City with respect to affordable housing. (18-070)
   This is item 10 on the work meeting agenda. Hopefully we will have all of the concerns addressed and we can move on. Approved 7:0. After months of deliberation, the Council passed the resolution UNANIMOUSLY!
4. A resolution with regards to an annexation petition for further consideration for approximately 13.45 acres of property generally located at 5400 N Canyon Road (Peay Annexation). North Timpview and Riverbottoms Neighborhoods. (PLANEX20180355)
   This is item 9 on the work meeting agenda. This area is already in the annexation plans. Approved 6:1, with Councilor Kay Van Buren opposed. Note: this action refers only to the acceptance of the annexation application for further consideration and is the first step of the typical public hearing and consideration process. Under state law, the application is automatically accepted for further consideration unless the Council denies it within 14 days of receipt. We raised several questions and concerns, but allowed the study to move ahead.
5. An ordinance amending the Zone Map Classification of approximately 14 acres, generally located at 2300 N University Parkway, from Regional Shopping Center (SC3) to Interim Transit Oriented Development (ITOD). Carterville Neighborhood. (PLRZ20180406)
   This is item 8 on the work meeting agenda. As I said above, "This is a bit of a change in the vision for this project. This many units may have a real impact on addressing our housing needs, and could be a significant boon if it is done well." Approved as amended, to include the development agreement, 7:0. The net difference between the previous plan and the current plan is ~85 more residential units (from ~420 to ~500, none of which now will be hotel), ~300K sq ft less office space (all of which is being eliminated) ~45K sq ft more retail space (~105K sq ft to ~150K sq ft).



Adjournment

Council Meetings - 8 January 2019

Happy New Year to everyone. For our day of meetings in the new year we will be selecting leadership, discussing goals, and organizing ourselves to best pursue those goals.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:30 PM, Tuesday, January 8, 2019

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. Training on Open & Public Meetings Act and further training on Government Records Access and Management Act (GRAMA) requests (19-010)
   Utah State law requires Council members to receive annual training on the Open & Public Meetings Act. State Law 52-4-104 says, “The presiding officer of the public body shall ensure that the members of the public body are provided with annual training on the requirements of this chapter." This training will fulfill that requirement. If the City Council meets as a body to carry out our responsibilities, State law requires us to do so openly before the public. The law defines what is and isn't considered an open meeting, and how we must go about notifying and making it available to the public. This training is designed to make every Councilor aware of the requirements. Presentation only.
2. A discussion on recent changes to the Provo City Housing Authority (19-011)
   Provo Housing Authority has a goal to serve the community of Provo by finding traditional and innovative ways to provide affordable housing for disabled individuals, elderly, and families. Robert Vernon, CEO of Provo City Housing Authority (PCHA), will come to discuss the Provo Housing Authority along with two new groups--a Provo NonProfit Housing Development Corp DBA Utah Regional Housing (URH) Corporation and Utah Community Land Trust (UCLT). There is some confusion regarding the role and purpose of UCLT and URH. This will be a good opportunity for the City to understand recent changes with PCHA and to make sure all of our interests are properly aligned. Presentation only. Housing authorities have a particular role, receive federal funding, and must follow certain regulations. Non-profit entities can partner with various agencies, don't have some of the same access to funding, but are more flexible in their activities. Utah Regional Housing is being created by the people at Provo City Housing Authority to expand the scope and services that they can offer.
3. A review of Council Board and Committee assignments, including a discussion regarding Council intended accomplishments (Part 1 of 2) (19-002)
   The Council has a number of goals and priorities they would like to accomplish. Each year, the Council has a discussion where the Council committee assignments are established. This will be the first of two meetings to discuss this item. My hope is that we first decide what we want to accomplish and then decide how we want to organize ourselves to more effectively accomplish our goals. Presentation only. We mostly reviewed the five priorities that we set at the beginning of 2018. We also talked a bit about what we accomplished in 2018. We will focus more on what we want to accomplish in 2019 in part 2 at our next meeting.
4. A discussion on affordable housing policies in Provo City. (18-070)
   At the August 7, 2018, Work Meeting, representatives from The Salt Lake Chamber came to discuss a policy initiative they recently headed and referred to as the Housing Gap Coalition. As part of their presentation, they discussed with the Council a study their group had recently commissioned with the Kem C. Gardner Policy Institute at the University of Utah. The study uncovered several areas dealing with housing affordability and availability that were of concern and in need of attention. One of the primary asks of this presentation was that the Council consider and pass a resolution which would unite cities in the state and partner with the Housing Gap Coalition to address housing affordability. The Council has had numerous discussions regarding this resolution, but never adopted the resolution. Council Leadership asked Council staff to review the housing policies in place and to particularly look at current policies and whether current policies would create a duplication in effort. Here is the link to the Staff Report again. I hope we can make a final decision on this soon. Presentation only. Staff reviewed the proposed Resolution, as amended, against what's in current Provo policy and in our advisory documents (like the General Plan). Their conclusion is that we are already doing, or have said that we will do, all that is in the Resolution. Based on the report and on the discussion, there were a few additional requests for adjustments and clarifications in the Resolution. Staff accepted the assignment to futher revise the Resolution to accommodate the requests. We will bring it back to the next meeting.



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.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, January 8, 2019

Opening Ceremony

Items in this category do not involve legislative action.

Approval of Minutes

1. November 13, 2018 Council Meeting
2. November 20, 2018 Board of Canvassers Meeting
3. December 11, 2018 Council Meeting
Approved by unanimous consent.



Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.
4. A presentation of gifts to the outgoing Council Chair and Vice Chair.
   Presentation only. I received a beautifully framed picture with Gary Winterton. It has been such a pleasure and learning experience this past year to support him in his role as Chair. Gary loves our community and works tirelessly to bring people together to solve our challenges and improve the City. I'm so grateful for his friendship.
5. A presentation of the Popular Annual Financial Report. (19-007)
   Presentation only. This document is a graphical summary of the City's finances last year. It is designed to be accessible to ordinary citizens to give them an accurate picture of the financial standing and priorities of the City.



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



6. The election of Municipal Council officers; chair and vice-chair. (19-001)
   Council members elect their leadership at the first regular meeting of the year. Nominations are made and votes are taken. By code, no discussion on the nominations is allowed. The Council Chair conducts Council meetings, signs documents on behalf of the Council and is considered the Council’s spokesperson to the public, the media, and the Provo City Mayor. The Chair and Vice-Chair meet regularly with the Administration and Council Staff to coordinate the agendas for Council meetings. The Chair is also spokesperson for the Council. The nominations of David Harding as Council Chair and Kay Van Buren as Vice Chair were approved 7:0. The Daily Herald noted, "All votes were unanimous, and seemingly pre-determined." As mentioned in the background, no discussion is allowed on the nominations. All discussion on leadership needs to take place before the public meeting.
   I am excited to work with Kay Van Buren this year. I am grateful for the confidence placed in us by our colleagues, and for the privilege of serving the community in this capacity.
7. A resolution acknowledging the election of the Chair and Vice-chair of the Provo Municipal Council for calendar year 2019. (19-001)
   This resolution formalizes the result of the election. The previous step selects the new Chair and Vice-Chair, this step makes it official. Approved 7:0.




Redevelopment Agency of Provo



8. The election of Redevelopment Agency of Provo officers; chair and vice-chair. (19-001)
   The Provo Municipal Council serves as the governing board of the Redevelopment Agency (RDA) and elects leadership at the first regular meeting of the year. The RDA Chair conducts the portions of Council’s meetings where redevelopment items are discussed (listed separately on the agendas). The Executive Committee of the RDA includes the Chair and Vice-Chair as well as the Mayor. They meet regularly to discuss redevelopment items which are then brought to the RDA board for final decisions. The nominations of David Knecht as Redevelopment Agency Chair and George Handley as Vice Chair were approved 7:0. Dave Knecht served as Chair last year as well. Both Dave and George Handley are passionate about addressing the growing afforadability problems in housing and assuring that we grow smart.
9. A resolution acknowledging the appointment of the Chair and Vice-Chair of the Redevelopment Agency of Provo City for calendar year 2019. (19-001)
   This resolution formalizes the result of the election. The previous step selects the new Chair and Vice-Chair, this step makes it official. Approved 7:0.




Action Agenda



10. A resolution of intent to establish a permit parking program in the Pleasant View Neighborhood. (18-083)
    This is part of the process for establishing permit parking programs in Provo City. A public hearing is being held and, if the resolution passes, another will be held on February 5, 2019. This is an opportunity for residents in the affected area to voice their support or concerns. There is a small parking permit program in the Pleasant View Neighborhood. The residents would like to add two more streets to the program. This is the second of three mandatory steps. A motion to amend the resolution to state that the Council would proceed with the process established in Provo City Code was approved 7:0. Approved as amended 7:0. The parking permit program recommended by the Parking Committee is vastly different from what was requested by the residents. This will need to be resolved in the near future.



Adjournment