Council Meetings - 5 March 2019

We'll be discussing policy on smoking, pet stores, parking, and some streetscapes.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, March 5, 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. A discussion on the Economic Development Impact that has been produced through Parks and Recreation efforts (19-031)
   Parks and Recreation facility operations staff would like to present the economic impact of Parks and Recreation facilities/events in the community. All areas have worked with the Utah Valley Conventions and Visitors Bureau to compile impact numbers. Presentation and discussion will include the Regional Sports Park concept. Our Parks and Rec facilities are first and foremost about our quality of life, but it'll be interesting to see an analysis of how our efforts in this area impact our economy. Presentation only. The Parks and Rec Department impacts our finances in two ways. First, our parks and facilities make our community a more desirable place to live and visit. Second, well-run operations can lower costs and maximize the value. Check out this post for a summary.



2. A discussion concerning House Bill 324 which proposes raising the minimum age for tobacco purchase and other alternatives available to Provo City (19-029)
   Recently, Lehi City became the first city in Utah to pass a law which raised the minimum age for tobacco purchases from 18 to 21. Included in this item is a discussion about sending the resolution of support to the Utah State Legislature. In order to have any impact during this Legislative session, the Council needs to approve something at Council Meeting on March 5, 2019. The statistics that stand out to me are that people who start smoking by the age of 18 are twice as likely to become lifetime smokers as those who start after they turn 21, and that most people under 18 get tobacco from people under 21. The counter-argument is that adults should be free to choose even self-destructive behaviors. A motion to amend the implied motion to include the language suggested was approved 6:0, with Councilor Gary Winterton excused. This item was already scheduled for the March 5, 2019 Council Meeting. We made a slight adjustment to the proposed resolution.
3. A discussion regarding a proposed ordinance amendment prohibiting the sale of dogs, cats, and rabbits from commercial animal establishments (19-030)
   Some Utah municipalities have passed legislation that prohibits the sale live dogs, cats or rabbits, unless they are sourced from somewhere like a shelter. The primary concerns are the conditions of some "puppy mills" which supply pets to retail pet stores, illnesses that can then be spread to other pets in the community, and the current over supply of pet that fill local animal shelters. The Provo Council is not necessarily concerned about any currently registered pet store in Provo City, but is concerned about new pet stores after seeing other cities in Utah grapple with problems arising from pet stores locating in their limits. I need to understand how this would affect our current pet stores. Presentation only. This item will be scheduled for the Work and Council Meetings on March 19, 2019. It was an open discussion on what are the concerns, what other cities have done the address them, and what the consequences would be.
4. A discussion regarding the Provo City Parking goals and objectives (19-018)
   There are several listed goals and objectives within Chapter 9 of the General Plan regarding implementation of a parking strategy. Council has invited Austin Taylor to come before the Council to discuss with Council how he intends to manage parking issues within Provo City. Looking through the "Major Goals" slide, I'm optimistic that we are developing a vision that, if pursued, will really address our parking problems. There will need to be some discussion on some of the goals. Presentation only. This was a good presentation about short-term, medium-term, and long-term efforts to improve the parking experience in Provo.
5. A discussion of an ordinance to correct inconsistencies and provide clarification regarding boards and commissions in Provo City Code Title 2 (19-033)
   Due to some inconsistency and confusion regarding different board- and commission-related items, Council staff has been working to update the code to reflect recent changes. I applaud our Council Staff for identifying sloppy code and proposing a solution. Presentation only. This item was already scheduled for the Council Meeting on March 5, 2019. Very straight forward.
6. A discussion on Council work efforts (19-032)
   Council has had a few meetings where they discussed their goals, priorities, committee structure, etc. A list of issues that the Council may address was adopted two weeks ago. This item is intended to review the ongoing efforts to address these issues and how to track those efforts, as well as discuss any changes to the list of issues or proposals to start new efforts. At the last meeting, we adopted a list of issues that the Council may tackle. For this item, we will review the list and what efforts are currently being made on them. We will entertain motions to create or modify committees to address items on the list. A motion to create an ad hoc Election Code Committee, with the mission statement: "Review Provo City's current election code with Provo City election officials and propose updates and changes to better address and balance interests of campaign finance transparency, donor privacy, code clarity, and ballot access," and with David Harding as Chair and George Stewart as Vice-Chair was approved 6:0, with Councilor Gary Winterton excused. We reviewed a "dashboard" of current Council efforts, and I proposed, and the Council created, an ad hoc committee to review and recommend updates and improvements to our election code.



Policy Items Referred from the Planning Commission

7. A discussion on an ordinance amending the Zone Map Classification of approximately 4.99 acres of real property, generally located at 504 South 2470 West from Agriculture (A1.5) to One-Family Residential (R1.8). Provo Bay Neighborhood. (PLRZ20180426)
   The applicant is requesting a zone change from the A1.5 zone to R1.8 zone. The proposed rezoning is to provide additional residential lots on an infill piece of property. The homes will be single-family, detached dwellings. The Southwest Neighborhood Land Use Plan anticipates this type of housing at this location. The subject property is surrounded primarily by one-family, residential zoning. Across the street to the west of 2470 West lies single-family residential. North of the property abuts single-family residential homes. West and south of the subject property, across 560 South, the land is in an agriculture zone. This proposal aligns with our policy for development in the area. It received a positive recommendation from Staff, and a unanimous recommendation from the Planning Commission. But I am a bit surprised because I got the feeling that we weren't approving new developments right now because we are running out of utility capacity in the area and we need to wait for some utility projects to happen. I feel that we need a clearly articulated policy about how we decide which projects can move forward and which projects need to wait. Presentation only. This item was already scheduled for the Council Meeting on March 5, 2019. The main concern discussed was the impression of Councilors that approvals for new development in west Provo were on hold until more sewer capacity was available. We asked for a clearer explanation to be given in the evening meeting.



Budget Committee

8. A discussion on Council requests for FY 2019-2020 budget emphasis (19-004)
   To inform the Administration of particular points of interest and areas of emphasis where the Council would like to see budget priority. During the January 22, 2019 Work Meeting discussion, the Council took time to list a few areas they were interested in placing budget emphasis this year. Those areas identified were:
   • Officer safety and staffing retention
   • Relating to the Public Safety and City Facilities Bond to ensure the best outcome on facilities
   • Parking - another License Plate Reader to help enforcement efforts throughout Provo City
   • Zoning Enforcement - to find ways to achieve compliance
   • Housing Audit - research our housing situation (Based on GP Goal 3.4.2.1)
   It is the Administration's responsibility to propose a budget, but it is the Council's responsibility to actually decide on and pass a budget. The Council can't know all of the needs and intricacies of operations beforehand, but it can be difficult to make large changes to the budget late in the game after it has been balanced and proposed by the Administration. This year we are considering the adoption of a Budget Emphasis which would clearly communicate with the Administration areas of the budget that the Council would like the Administration to give extra attention and priority as it assembles the budget proposal. A motion to request that Council staff compose a memo regarding the discussion, to communicate to the Administration the areas which the Council was interested in emphasizing in the budget, was approved 6:0, with Councilor Gary Winterton excused. We requested that the Administration give extra emphasis in the upcoming budget proposal to three areas, in order: 1) Police Staffing, 2) Parking (generally, more license plate readers, specifically), 3) Zoning Compliance (along with a report of the impact of recent effort on compliance).
9. A presentation on the Council Office and potential budget requests. (19-004)
   The Council Office will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. The Council Office has stayed within its budget and does not see any new needs for the coming fiscal year. Presentation only. The Council Office is treated as one of the departments of the City. This was our office's pre-budget report.
10. A presentation on the Police Department and potential budget requests (19-004)
    The Police Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. The Police Department has been understaffed for many years and it is taking an unacceptable toll on our officers. They are stretched thin and overworked by any measure, even in comparison with other agencies around the state. Presentation only. Through smart programs and hard work, crime in Provo has been falling over the last three years. But our department has the highest per officer call volume, and the lowest per capita staffing levels. We are asking our officers to do too much with too little resources. It is not sustainable. Years ago a study of our community and our department determined that 120 officers were needed. Years later we are still at 107. We need 13 more officers.
11. A presentation on the Fire Department and potential budget requests (19-004)
    The Fire Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. With the recent appropriations and the coming rebuild of Fire Station #2, I believe we are on top of our FD needs. But the point of these presentations is to make us aware of needs. Presentation only. One of the Cheif's main focuses is to improve the community's preparations for wildfires on the edges of town, similar to what our neighbors to the south faced last year.



Closed Meeting

Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed in Utah State Code (§ 52-4-204 and 52-4-205 et. seq.). If a closed meeting is needed, it will be announced at that time. None requested.



Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, March 5, 2019

Opening Ceremony

Items in this category do not involve legislative action.



Approval of Minutes

1. February 5, 2019 Council Meeting 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

2. An ordinance amending the Zone Map Classification of approximately 0.96 acres of real property, generally located at 1356 South 500 West, from Residential Agricultural (RA) to Residential (R1.8). Lakewood Neighborhood. (17-0017R)
   Angela Eckstein is requesting a zone change for her property at 1356 S 500 W from the RA zone to the R1.8 zone, in order to subdivide the land into three residential lots. The property currently includes a home that is on the east side of the property, along 500 West. Two new lots would be created on the west side of the lot which would access off of 570 West. The subject property is bordered by R1.10 zoning on the north and RA zoning to the south. R1.8 zoning is across 570 West, to the west and R1.8 zoning is in place to the east, across 500 West. The General Land Use for the property is classified as Residential. This proposal and the related subdivision application have been through staff review and have received approval to move forward. We continued this item last time because there was some concern about the recommended additional restriction on building height on the created plots. It appears that all of the provided documentation is the same as last time so I'll need to wait until the meeting to find out what has been worked out. Approved as amended 6:0, with Councilor Gary Winterton excused. The new agreement worked out between the applicant, the neighbors, and Community Development was acceptible to everyone.
3. An ordinance amending Chapter 1 of the General Plan and changing the designation for approximately 35 acres, generally located at 178 E 1860 S. East Bay Neighborhood. (PLGPA20180407)
   In 2018 Provo City transferred 23 acres of property to the Noorda College of Osteopathic Medicine for the development of a medical school, the south parcel. An additional 12 acres located between the golf course parcel and 1860 South have been acquired for the development of apartment housing for students, the north parcel. The zoning map has previously been amended such that all the surrounding golf course property is now completely within the Public Facilities Zone. The two parcels that are the subject of this application remain zoned SC3, Regional Shopping Center. We continued this item last time because not all of the changes heard by the Planning Commission had made it into the proposal before the Council. Approved as amended 6:0, with Councilor Gary Winterton excused. All of the proposed changes were included this time, along with some small modifications requested by the Council last time.
4. A joint resolution of the Provo City Mayor and Municipal Council to express support for the Utah State Legislature to increase the minimum age for tobacco purchases and otherwise to consider passing a City law to that effect. (19-029)
   This is item 2 on the work meeting agenda. As I said in the earlier meeting, "The statistics that stand out to me are that people who start smoking by the age of 18 are twice as likely to become lifetime smokers as those who start after they turn 21, and that most people under 18 get tobacco from people under 21. The counter-argument is that adults should be free to choose even self-destructive behaviors." Approved 5:1, with Councilor Kay Van Buren opposed and Gary Winterton excused. In the end, it was just a resolution by the Council. I don't know if it made any difference, but HB 324, the bill raising the age to purchase, was enacted by the Legislature.
5. An ordinance to amend Downtown Streetscape standards to clarify right-of-way improvements for 100 West. Citywide Impact. (PLOTA20190007)
   The Community Development Department has proposed to amend the Provo Downtown Streetscape Standards. This amendment is to further the goals and objectives of the Downtown Master Plan and General Plan. One goal from these plans is to encourage streets that reflect and reinforce a sense of place. Staff has identified that additional standards to the 100 West section would reinforce the street as a pedestrian corridor. As I said two weeks ago, after hearing this item in the Work meeting, "This is a very wide road, with very little traffic due to NuSkin blocking it to the north and the railroad blocking it to the south. This plan would create a streetscape that would be comfortable to walk or bike on between downtown and the Front Runner station." Item continued prior to the Council Meeting.
6. An ordinance amending the Zone Map Classification of approximately 4.99 acres of real property, generally located at 504 South 2470 West from Agriculture (A1.5) to One-Family Residential (R1.8). Provo Bay Neighborhood. (PLRZ20180426)
   This is item 7 on the work meeting agenda. As I said in the earlier meeting, "This proposal aligns with our policy for development in the area. It received a positive recommendation from Staff, and a unanimous recommendation from the Planning Commission. But I am a bit surprised because I got the feeling that we weren't approving new developments right now because we are running out of utility capacity in the area and we need to wait for some utility projects to happen. I feel that we need a clearly articulated policy about how we decide which projects can move forward and which projects need to wait." Approved as amended 6:0, with Councilor Gary Winterton excused. Public Works presented a map that they had shown us a little while ago which shows areas of the City which have no, minor, and major sewer capacity issues. It was recommended that the safest response, when approached by potential developers of West Provo, is to say that there may be problems with utility capacity and that they should preview their plans with Public Works.
7. An ordinance amending Provo City Code to clarify provisions regarding boards and commissions. (19-033)
   Due to some inconsistency and confusion regarding different board and commission-related items, Council staff has been working to update the code to reflect recent changes. As I said in the earlier meeting, "I applaud our Council Staff for identifying sloppy code and proposing a solution." Approved 6:0, with Councilor Gary Winterton excused. Our code is now clearer.



Adjournment