Monday, February 17, 2020

On Perception and Representation


What is common sense?

One cynical definition of common sense is "the rationale that supports my position on an issue...particularly when I can't articulate that rationale."

Most of us like to think of ourselves as rational beings. Therefore, the positions we take are rational positions. So obviously other rational people, people with common sense, will also reach the same conclusion. People who take a different position are mistaken, lack common sense, or have ulterior motives.

I believe it is part of our human nature to think this way. I definitely see this influencing my own thought processes. (And since I experience this, I assume that all 'normal' people also experience it; which is why I believe it is part of human nature.)

A corollary to this is the assumption that whatever opinion we hold is more broadly held by the public than is generally understood. People expressing the opposing opinion are part of the vocal minority, and most of the people not speaking up are on my side. We all experience our own "echo chambers" to one degree or another. It is easy to feel that because all my friends (be they in person or online) feel similar to me, the general public must also feel this way.

And, of course, we can't forget confirmation bias, where we overweight evidence that supports our position and dismiss evidence that contradicts our position.

So, how does this apply to our representative democracy? Should our elected officials vote for what they believe is in the best interest of the people they represent or should they vote for what the people they represent believe* is in the people's best interest?

An honest self-assessment may find that where we stand on this question is heavily influenced by whatever hot issue we are most concerned about at the moment. And where we stand on this question may change from time-to-time depending on the issue at hand. If we perceive that our position is the majority position, then we are more likely to agree with the idea that representatives should "respect the will of the people". If we perceive that our position is the minority position (but right none-the-less) then we are more likely to agree with the idea that representatives should carefully study the issue and decide for themselves what is in the best interest of the community. That's why we elected them as leaders, right?

Based on the feedback I've received before and after contested decisions, I put together this handy table:


How we see our elected officials
if their position is...aligned with the majority of the constituentsnot-aligned with the majority of the constituents
the same as mine
*They are doing the job they were elected to do.*They are courageous, enlightened, true leaders.
*They are the reason we have a representative democracy and not a pure democracy.
different than mine
*They only care about their re-election.*They are bought off by special interests.
*They are caving into the mob mentality.
*They are arrogant, thinking they are better and smarter than the people they represent.
*They are deciding their position based on opinion polls.

Please understand that on every contested issue councilors will hear sentiments from at least two of the four boxes. And because of our propensity to overestimate how broadly held our own position is, councilors will often have both sides telling them to listen to the will of the people.

Which brings me to my final thought for this blog post. *Knowing the will of the people. What is the right way to determine the will of the people? 

Should elected officials rely on the people who reach out by email and come to speak in public meetings? That is a self-selected group, generally a group where the item is of special interest to them. Should the opinion of someone who could be personally affected or who is very concerned about an item count more or the same as someone who doesn't care about the issue? It is also worth noting that among people who care about an issue, people who believe the Council is going to vote the way they want them to are less likely to take the time and make the effort to show up to a meeting or write an email than people who believe the Council is going to vote opposite of the way they want them to. 

Should elected officials invite the public to participate in "unscientific" surveys? People still self-select to participate, much like the feedback we get by email and in the meetings. But this method lowers the time and effort required to express a position. Is that a good or a bad thing?

Should elected officials commission and pay for "scientific" surveys to gather the opinions of a "representative" sample of the public? There are many hurdles to collecting a truly representative sample. What methods are used to contact participants? Some demographics are harder to reach than others. People can still select to not participate in the survey. There are ways to mitigate these hurdles, but they cost money. If the general public isn't familiar with an issue, is it really that helpful to get a representative sample of their opinions? Who should be polled? Active voters? Registered voters? Everyone over 18?

Should we rely on the officials elected by the people to represent them? Considering how low our voter participation rates are (and the percentages that are reported are against the number of registered voters, not eligible voters), how representative is the vote that put elected officials into office?

My point is that it is harder to know "the will of the people" than one might expect, and there is a bit of nuance in what is meant by "the will of the people".

Thanks for making it this far in the post. I hope it is helpful in understanding how I try to make sense of a passionate and articulate public weighing in on all sides of an issue.

Sunday, February 16, 2020

Council Meetings - 18 February 2020

I still have over 500 pages of housing reports to digest before Tuesday's meetings. I'm not going to hold back posting the rest of my previews in the meantime. The Brewpub question is back after 4 additional weeks of study and public engagement. This will be the hot topic on Tuesday.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 pm, Tuesday, February 18, 2020

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 presentation regarding the fiscal year (FY) 2021-2022 budget from Public Works. (20-007)
    The Department of Public Works will present a pre-budget summary to review department budget management, trends, and developments in the operations with the Municipal Council. Each specific operation unit of Public Works will be covered. Public Works will be our second budget season presentation. Much of our infrastructure is overseen by this department. Presentation only.
  2. A discussion regarding information on restaurants with ancillary breweries. (PLOTA20190378)
    Council staff will briefly review what information has been published so far and where the Council can find it. Councilors are welcome to request any other information they would like staff to find before the Council Meeting that evening. See my preview for item 10 in the evening meeting. Presentation only. This item was already scheduled for the Council Meeting on February 18, 2020. See my report for item 10 in the evening meeting
  3. A discussion regarding the appropriations on the agenda for the evening Council Meeting. (20-035, 20-038, 20-039, and 20-040)
    In the evening meeting this evening, the Council will hear four proposed appropriations: 1. A resolution appropriating $15,000 in the General Fund for a public bike rack expansion project. (20-040) 2. A resolution transferring Personnel Budget of $200,000 from the Community and Neighborhood Services Department in the General Fund to the Development Services Department in the General Fund. (20-039) 3. A resolution appropriating $26,819.85 in the General Fund for a reimbursement as per the terms of the Participation and Reimbursement Agreement between Provo City and Parkway Village Holdings, LLC. (20-038) 4. A resolution appropriating $3,638,455 in the General Fund for the design and construction of a new roadway, utilities, and infrastructure at the Mountain Vista Business Center. (20-035) Please refer to the Council Meeting agenda for more information about each appropriation. This item on the Work Meeting agenda will give the Council (especially newly elected Councilors who have not yet heard any appropriations) the opportunity to ask any clarifying questions before hearing the appropriations that evening See my previews for items 4 - 7 in the evening meeting. Presentation only. This item was already scheduled for the Council Meeting on February 18, 2020. See my reports for items 4 - 7 in the evening meeting.
  4. A discussion regarding the 2020 Consolidated Plan goals and priorities to direct Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funding. (20-036)
    The Consolidated Plan (ConPlan) is designed to help local jurisdictions to (1) assess their affordable housing and community development needs and market conditions and to (2) make data-driven, place-based decisions. Through the ConPlan, grantees engage the community in the process of developing and reviewing the proposed plan and in the implementation of the same. Executive SummaryHousing Market AnalysisHousing Needs Assessment. I have not completed my review of the supporting documents. It is over 550 pages. I don't want to hold up the rest of my previews. I'll update this once I'm done with my review. Presentation only. This begins a 30-day review period.
  5. A discussion regarding zoning enforcement. (20-037)
    For the past several years, Community and Neighborhood Services has reported to the Council in a Work Meeting concerning the effectiveness of their zoning enforcement efforts. This report will include any available statistics concerning the effectiveness of the new zoning disclosure ordinance due to intense public interest on the topic. The report will also include an update on the average tenure of zoning enforcement employees. During last year’s report, it was reported that the average tenure of those employees was only nine months, which makes it very difficult to have a well-trained, effective, and professional zoning enforcement department. The lack of credible, consistent enforcement of Provo zoning regulations has been an ongoing complaint that I've heard since before I joined the Council. We had taken several steps to try to encourage zoning compliance and support our officers who have the role of enforcing the regulations. I am very interested to hear this year's update. A motion to reaffirm the Council's request that short-term rental software be funded with carryover funds; to proceed with the selection of a vendor; to request that the Community and Neighborhood Services Department share recommendations with the Council for the most cost-effective and strategic methods for staffing retention and/or use of funding for zoning enforcement; and to discuss these recommendations in a future Work Meeting, was approved 7:0. Some were dismayed by the presentation, but I don't think it is bad for a department to check in with the new Council to verify that priorities have not changed from the previous Council. I do hope that we were clear enough and aligned enough with the Mayor so our compliance efforts can move forward decisively.
  6. A discussion regarding Community and Neighborhood Service's vision for the General Plan and Neighborhood Plans. (20-044)
    Gary McGinn will update the Council on Community and Neighborhood Service's work on the General and Neighborhood Plans and discuss potential directions to take these plans in the future. Staff are seeking direction from the new Council as they continue to plan Provo's future. I feel the neighborhood and area master plans that have been completed over the last several years have been very helpful in defining what the City and the residents want in these areas. I only wish that we were making more progress. I fear that the early plans will be long out-of-date before the last ones are completed. Presentation only. I really like the idea of a concise General Plan that articulates the broad, unifying goals and policies for the City, and then using the Area-Specific Master Plans (neighborhood and area plans) to describe how the goals and policies should look in a context-sensitive way for the specific location.
  7. A discussion regarding the Provo Power renewable energy goal for 50% renewable sources by 2030. (20-043)
    In the Energy Board Meeting on February 3, 2020, the Board voted (4:0) to recommend a goal to reach 50% non-carbon energy production by the year 2030. Staff recommended this goal be presented to the Municipal Council. In order to meet this goal, Provo will need to continue acquiring Green resources for the next 10 years. Provo currently produces over 25% of its power from hydro and solar, and that percentage should increase to 45% with the building of a large solar farm near Mona. My initial reaction to this goal is, "only 50%?" and "not until 2030?". It seems that 10-years ago I saw an annual report for UMPA (our power producing consortium with a few other cities) showing that over a third of our energy was from renewable sources. I'll be asking questions as to whether getting to 50% in 10 more years is really much of a goal at all. Presentation only. What an interesting discussion. Part of goal setting is selecting the metrics by which you track the goal. Apparently, there is a large difference between some of the terms, as defined by the State, and what might be understood by the general public. "Green" resources, "Non-carbon" energy production, "renewable", etc. all have different meanings. I don't remember which term it was, but one, by the State's definition, wouldn't include power secured from the Glen Canyon Dam, because the Dam isn't located in Utah (it's about 3 miles over the border with Arizona). BYU's cogen facility qualifies under one of the terms, but not another. As long as we are okay with a broad definition for our goal, an aggressive but realistic goal could be 75% by 2030! With this new information and support from the Council, the Energy Board is being asked to make a new recommendation.

  8. 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. A closed meeting was held.

    Adjournment



PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, February 18, 2020


    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. Introduction of the new Grandview South Neighborhood Chair. (20-041)
    Presentation only. I wish the new neighborhood leadership the best as they start this adventure.
  2. Presentation on the Timpview Trail Neighborhood Matching Grant Project in the Indian Hills Neighborhood. (20-042)
    Congrats to Joshua Killpack, and the rest of the Indian Hills Neighborhood for successfully conducting this project. Our Matching Grant program provides a lot of value to the community by partnering with residents to make improvements to our neighborhoods. Presentation only. The presentation was impressive. Great work.

  3. 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

  4. A resolution consenting to the appointment of individuals to various boards and commissions. (20-003)
  5. Mayor Kaufusi has recommended several individuals to be appointed to various City boards and commissions. The Council has reviewed the recommendations, met the tentative-appointees, and will now consider a resolution to appoint those individuals to the respective boards and commissions. The appointees are Zach Atherton, Thomas Taylor, and Daren Smith to the Arts Council, David Shipley to the Library Board, and Beth Alligood to the Housing Authority. I'm grateful to the many residents who serve our community on boards and commissions. We live in a better city because of them. Approved 7:0. Thanks to all who are willing to serve.
  6. A resolution appropriating $15,000 in the General Fund for a public bike rack expansion project. (20-040)
    In Provo's contract with Zagster for the scooter program, they were to pay the City a fee of $25,000. It was anticipated that the City would use some of that money for bike racks to support bikes in general and the bike sharing program that Zagster is working on in particular. The City has now received that funding and staff have requested an appropriation of $15,000 for bike racks as outlined in the attached Public Bike Rack Expansion Project Powerpoint. I think this is a great use of the proceeds of the SPIN scooters and is wise preparation for the bike-share component. Approved 7:0. This is a win-win for the community.
  7. A resolution transferring $200,000 from the Community and Neighborhood Services Department to the Development Services Department. (20-039)
    In the current fiscal year, the former Community Development Department was split into two separate departments, Community and Neighborhood Services and Development Services. At the time of budget preparations for this fiscal year, it was still unclear exactly which functions and employees would be going to each department. The City now has a better idea of what the personnel budgets should be for each department and is proposing a transfer of $200,000 of budget from Community and Neighborhood Services to Development Services. This is a transfer, not additional money. I have no concerns. Approved 7:0.
  8. A resolution appropriating $26,819.85 in the General Fund for a reimbursement to satisfy the Participation and Reimbursement Agreement with Parkway Village Provo Holdings, LLC. (20-038)
    On November 15, 2016 the Council approved a resolution authorizing the Mayor to execute an agreement between Provo City and Parkway Village LLC, the ownership group of the Parkway Village shopping center located at 2255 North University Parkway. At the meeting, the Council was presented with a request to reimburse the ownership group for certain extraordinary demolition, development, and construction costs associated with the removal of an existing occupied retail pad; participation of the installation of a new traffic signal; and the construction of a replacement retail pad. The reimbursement would be funded through retail sales tax increment above the established predetermined sales tax revenue actually generated by the retail center as of a certain date. The baseline revenue was established at $136,476, which represents one half of one percent of total sales generated at the center, or that portion of sales tax revenues received by Provo City from the retail center, as provided by the State of Utah. In this agreement, Provo City will continue to receive the baseline amount of $136,476. The developer/owner will receive, on an annual basis, a reimbursement against their actual out of pocket expenses; that is, any additional sales tax revenue above and beyond the baseline amount of $136,476. The terms of the agreement run for ten years. In that time the developer/owner will be able to be reimbursed up to half the out of pocket costs for the expenses described above. The target reimbursement amount as per the agreement is $1,053,395.86. Further, if the shopping center performs extraordinarily well, and if the owner/developer has earned reimbursement equal to the targeted reimbursement amount, and if there is still time left within the ten-year agreement, the owner/developer will be entitled to half of the tax increment above the baseline. However, at no point will the developer/owner be entitled to more than the out of pocket expenses. That total out of pocket expenses are $2,106791.72. 2 As this is the first payment in the ten-year agreement, that is $26,819.85, which represents that amount over the baseline of $136,476, it is not likely that full reimbursement amount will be achieved. However, the agreement does provide for the opportunity to do so, and the City is obligated to reimburse as per the agreement. I voted against this deal back in 2016, but the majority of the Council voted to enter into the agreement. I support following through with our commitments. Approved 7:0. Following through with our commitments.
  9. A resolution appropriating $3,638,455 in grant funds and sale proceeds for the design and construction of a new roadway, utilities, and infrastructure at the Mountain Vista Business Center. (20-035)
    On August 15, 2018 Provo City Economic Development Division was awarded a matching grant from the Economic Development Administration for the construction of a new road and utility improvement from the roundabout in Mountain Vista Parkway to State Route 75, also known as 1400 North, in Springville, to provide access to the southern end of the business park and more direct access to I-15 to the west. The road is being built in conjunction with property recently sold to Hall Property Holdings, LLC for the construction and development of the continuation of the business park in the form of new large warehouse, manufacturing, and office buildings. This one is also completing a project that we have already committed to. Part federal grant, part proceeds from a sale of land that will be serviced by the road. Approved 7:0. The overall Moutain Vista project has been a real boon to the city. I don't believe any City tax dollars have been used. Through the efforts of our Economic Development staff, we have converted contaminated, unproductive land, into tax-paying business property.
  10. A joint resolution of the Provo City Mayor and Municipal Council urging support for educating consumers about where Tier 3 gasoline is sold. (20-031)
    The Mayor’s Substantiality and Natural Resources Committee presented their annual report to the Council in the Work Meeting on January 21, 2020 and asked for the Council to support a resolution regarding the Utah State government taking action to educate the public about which gas stations sell Tier 3 gasoline. Cleaning up our air is a major priority and converting to tier 3 gas and cars will do more to clean up our air than just about anything else. Approved 7:0. I saw that the Legislature was grappling with a Tier 3 question for one of the major refineries. Perhaps this resolution will help them as they gauge public support for this important measure.
  11. An ordinance amending Provo City Code relating to floor area ratio, setback, and buffer yard requirements in the Research and Business Park (R&BP) Zone. Citywide Application. (PLOTA20190425)
    The applicant has requested an amendment to Provo City Code 14.44.050 (Tract and Lot Area, Yard, Coverage, and Height Requirements). These requirements apply to the Research and Business Park (R&BP) Zone. This zone is only located in the Riverbottoms Neighborhood at the Riverwoods Business Park. The proposed request would remove the maximum floor area ratio (FAR) requirement for a structure, which is currently 30%. The proposed amendment would add a provision to allow the Development Services Director the ability to modify setbacks and perimeter buffer yards in the zone if certain conditions are met. Staff have reported that this request does not raise any concerns for them. Other requirements for building height, setbacks, and open space would still limit the building's footprint and preserve open space on the lot. Planning Commission recommended approval. This was continued after the first hearing at the February 4, 2020, Council meeting. I don't see any change in the proposal from the last time we saw this. Perhaps a newer version exists but just wasn't uploaded to the system. I can't support the version that we were presented with last time. ***CONTINUED***
  12. An ordinance amending Provo City Code to allow restaurants with ancillary microbrewing as a permitted use in certain zones. (PLOTA20190378)
    The applicant has had inquiries as the Downtown Neighborhood Chair, about establishing restaurants with microbreweries as part of their business model. The applicant worked with staff to create an amendment to accomplish this goal. The specific language being proposed adds as a permitted use, microbreweries in the above zones only when attached to and ancillary to a restaurant. Restaurants in these areas are currently permitted to sell and serve alcohol based on their business license. This amendment would allow current and future restaurants to brew and sell on site as part of their business. In this case, ancillary to a restaurant means that 60% of the sales would need to be from food. This is the definition of a Class B liquor license. Planning Commission recommended approvalCouncil staff prepared a report for the initial hearing on January 21, 2020. This item was continued to allow for more staff research and public input. People are passonate on both sides of this issue. I am very concerned about the public health effects of alcohol abuse. But I believe that brewpubs is one of the least likely settings for alcohol abuse. I see very little difference between what is allowed now (restaurants selling beer produced offsite) and what is being requested (restaurants selling beer produced onsite). Many people on both sides of the issue have pointed to Strap Tank in Springville. Right now, a Provo restaurant with an alcohol licenses (27 currently) could sell Strap Tank beer brewed in Springville. A business could even brew beer in one location in Provo and then sell it at their restaurant in a different location of the City. I don't see a good reason to not grant this request. I also think it is time for the Council to revisit the City regulations on granting alcohol licenses, which is a necessary next step if this proposed ordinance passes. A motion to substitute the ordinance with the version incorporating a sunrise clause was approved 7:0. The ordinance was then approved 4:3, with George Handley, William Fillmore, and David Sewell opposed. Much ink, or at least key-strokes, and words have been spilt over this question. Some citizens have initiated the referendum process. If they can gather enough signatures then this question will be on the ballot this fall. In the meantime, like I indicated in my preview, we will be revisiting the City policy on granting alcohol licenses, to make sure they are aligned with recommendations by public health institutions (like the CDC and WHO) and the community's interests.

  13. Adjournment

Saturday, February 1, 2020

Council Meetings - 4 February 2020

Tuesday marks the real start to the Council budget season. We begin with the Parks and Rec Department. I'm excited to discuss the Very-Low-Density Residential zone, which was proposed by a resident in the first Council meeting of the year. The item generating the most interest, though, is a General Plan land use designation change that is being proposed.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:30 pm, Tuesday, February 4, 2020

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 presentation regarding fiscal year (FY) 2021 budget from Parks and Recreation. (20-032)
    Provo Parks and Recreation Department administration will present a pre-budget summary to review department budget management, trends, and developments in the operations with the Municipal Council. Each specific operation unit of Parks and Recreation will be covered. Parks and Recreation’s accomplishments in supporting the General Plan will also be reviewed. In the past, I have found these budget presentations to be very helpful in understanding the scope and status of our departments and the services they provide. Presentation only. We have a remarkable Parks and Rec Department where many of the facilities and activities pay for their own operation. We are not aware of another rec center in the country that isn't subsidized in operations. Our rec center actually transfers money into our General Fund! We were warned that the Department may not be able to continue this half-million transfer in the future. I'm okay with that. Taxpayers are already subsidizing the rec center through the bond that was used to build it. I want to make sure that we are making the operation as sustainable as possible and setting aside proper funds to pay for future maintenance, rather than maximizing the transfer to the General Fund.
  2. A training on the use of development agreements. (20-030)
    The Council Attorney will lead a training session going over the Municipal Land Use, Development, and Management Act (MLUDMA), Utah Code 10- 9a-102(1) and how it applies to development agreements and the use of those agreements in Provo City. This issue has been churning since before I joined the Council. It is part of the legal dance. Presentation only. It would be nice if we never felt that development agreements were needed and our land use (zoning) regulations were sufficient.
  3. A discussion regarding the creation of a Very Low Density Residential Zone (VLDR). (20-029)
    There has been some discussion about creating a new zone like the current Low Density Residential Zone (LDR). This new zone would be Very Low Density Residential (VLDR). It would have the same uses but would limit the number of units by half, with a maximum of 7.5 dwellings per acre. I like the flexibility of the LDR zone, but there are places in the City where 15 units to the acre may be too dense for the area. The idea behind the VLDR zone is to provide the flexibility of LDR with the density of R1.6. Presentation only. This will be a helpful tool. And perhaps we'll be able to avoid some development agreements in the future with this tool.
  4. A discussion regarding Councilors' committee assignments. (20-021)
    The Council's fiscal oversight necessitates the creation of an Audit Committee. The Council will discuss how it will operate and what it its responsibilities will be. The Council also intends to discuss the future direction and membership of the Housing Committee. The Audit Committee will be an important addition. Housing is such a critical issue right now in the City, the Valley, and the State. I don't know the best form for the Housing Committee, but I feel we need to be putting forth our best effort to get ahead of the challenges. A motion to nominate David Shipley as chair and Travis Hoban as vice-chair of the Audit Committee; to charge them with examining the scope of what committee would do and who would be involved; and to approve the mission statement: "The mission of the Audit Committee is to review and make recommendations to the Mayor and City Council concerning the City’s financial reporting processes, standards, financial statements, and internal controls, as audited by the City’s independent auditors; and other audit related assignments as requested by the City Council,” was approved 7:0. The word “objectively” was struck from the Budget Committee mission statement by unanimous consent. They'll make a great team.
  5. A discussion regarding Tier 3 gasoline and a proposed resolution calling for state action to educate consumers about where Tier 3 gasoline is sold. (20-031)
    The Mayor’s Substantiality and Natural Resources Committee presented their annual report to the Council in the Work Meeting on January 21, 2020 and asked for the Council to support a resolution regarding the Utah State government taking action to educate the public about which gas stations sell Tier 3 gasoline. Some actions have been taken to raise the public awareness of Tier 3 gas. I am unsure if this proposed step is still needed. A motion to authorize Council Leadership to send a letter to state legislators about the Council’s consideration of this resolution in two weeks and encourage legislators to advance and pass legislation for Tier 3 gasoline; and to bring this resolution to the Council Meeting on February 18, 2020, was approved 7:0. There was some difference in understanding between advisors regarding the prevalence of non-Tier 3 gasoline. I'm not clear on how much of an impact the proposed resolution could have. Regardless, the Council strongly supports efforts to improve the air quality in our valley.

  6. Policy Items Referred from the Planning Commission

  7. An ordinance amending Provo City Code relating to floor area ratio, setback, and buffer yard requirements in the Research and Business Park (R&BP) Zone. Citywide Application. (PLOTA20190425)
    The applicant has requested an amendment to Provo City Code 14.44.050 (Tract and Lot Area, Yard, Coverage, and Height Requirements). These requirements apply to the Research and Business Park (R&BP) Zone. This zone is only located in the Riverbottoms Neighborhood at the Riverwoods Business Park. The proposed request would remove the maximum floor area ratio (FAR) requirement for a structure, which is currently 30%. The proposed amendment would add a provision to allow the Development Services Director the ability to modify setbacks and perimeter buffer yards in the zone if certain conditions are met. Staff have reported that this request does not raise any concerns for them. Other requirements for building height, setbacks, and open space would still limit the building's footprint and preserve open space on the lot. Planning Commission recommended approval. See my preview for this item in the evening meeting. Presentation only. This item was already scheduled for the Council Meeting on February 4, 2020. See my report for this item in the evening meeting.
  8. An ordinance amending the General Plan designation of approximately 151 acres, generally located between 300 E. and 1000 E. and between 4800 N. and 6000 N., from Agricultural (A) to Residential (R). North Timpview Neighborhood. (PLGPA20190352)
    Staff would like to note that this proposal is to amend the General Plan. It would not approve an annexation, rezone, or development plan. Bob Jones has requested that the Land Use Element and Map of the General Plan be amended to facilitate his planned Terra development. This amendment would change the land use designations for 11 properties totaling 151 acres (in Provo City and in unincorporated Utah County areas) from Agricultural to Residential. The area is included in the proposal is in a Developmental Sensitive overlay area, which would still remain in place if the General Plan designation were changed to Residential. This proposal was continued in the Planning Commission on December 4, 2019 to allow the applicant and staff more time to prepare and review, especially regarding the requirement that the Agricultural designation should "protect agricultural uses from encroachment ... until such time as residential, commercial, or industrial uses in such areas become necessary and desirable." On January 22, 2020, the Planning Commission recommended approval (6:2). Two formal neighborhood meetings have been held regarding the Terra development in addition to several informal meetings between the developer and smaller groups. In the first Planning Commission hearing on December 4, 2019, several members of the Planning Commission expressed that they would like additional meetings between the developer and community members to resolve remaining concerns. No formal meetings have been held since then, to staff's knowledge. Debate so far as largely centered around the aesthetic and environmental impact. Land use designations depend on the desired outcomes for the area, which often shift and can be difficult to pin down. Best practice recommends that General Plan land use 2 designations be updated every 5 years. Unaddressed designations more than 10 years old are considered to be "out of date." The current General Plan was adopted in 2010 and has been revised as the Council has approved proposed amendments. See my preview for this item in the evening meeting. Presentation only. This item was already scheduled for the Council Meeting on February 4, 2020. See my report for this item in the evening meeting.

  9. 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.


Adjournment



PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, February 4, 2020


    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 presentation regarding Citizen Connect. (20-033)
    Hopefully, all of you have received the packet from the City in the mail listing some of the various ways to connect with the City. The Mayor posted about this effort in her blog. Presentation only.

  2. 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. An ordinance amending Provo City Code relating to floor area ratio, setback, and buffer yard requirements in the Research and Business Park (R&BP) Zone. Citywide Application. (PLOTA20190425)
    This was item 6 on the work meeting agenda. This item reminds me of the change we made to the lot coverage restriction on PO zones two weeks ago. I want to understand why a regulation was put in place before I can be comfortable voting to remove it. Continued to the Council Meeting on February 18, 2020. We identified some shortcomings in the proposed ordinance so Staff will make some changes and will bring it back.
  4. An ordinance amending the General Plan designation of approximately 151 acres, generally located between 300 E. and 1000 E. and between 4800 N. and 6000 N., from Agricultural (A) to Residential (R). North Timpview Neighborhood. (PLGPA20190352)
    This was item 7 on the work meeting agenda. Here are my thoughts on this one:
    • The Staff report notes that plans that are older than 10 years are considered out-of-date. I believe that an out-of-date planning document should be updated, not ignored. After reading the parts of the General Plan that are specific to this area, I agree that they are out-of-date. I believe that a proper update will include some significant changes. Several other areas of the City have faced changing ideas about how the land could be used. We have taken the time and effort to engage the public and other stakeholders in a professionally lead effort to consider possible outcomes, develop a community vision, and craft a planning document that helps all involved know what to expect and to guide future decisions. I believe this is what is needed now for this area.
    • The current land use designation of land in the proposal is Agricultural. This is the adopted plan and policy of the City for this area.
    • Should the adopted plan and policy be changed? Maybe, but not without a proper visioning and planning process, as I described above.
    • Should the land subject to the proposal be land-use designated as Agricultural or Residential? It depends on how that planning process goes.
    • The argument has been made that we should make this land-use-designation change so that more extensive studies can be conducted related to the concept plan, rezoning, and annexation. If we approve this General Plan amendment, large amounts of Staff and developer time and resources will be expended. I believe the proper course of action is to update the General Plan for this area which will determine the proper land use designation going forward, which then justifies whether those more extensive studies should occur.
    The implied motion to approve the ordinance failed 0:7. I didn't think that such a large change to our adopted policy should be made without a more thorough public process. I felt like this view was shared by the rest of the Council as well.
  5. A public hearing regarding extending parking restrictions in the Foothills Permit Parking area. Foothills Neighborhood. (20-023)
    Currently, the Foothills Permit Parking Area includes a portion of Seven Peaks Boulevard, and there is a desire to extend those restrictions further down to include more of Seven Peaks Boulevard. The Council will hold a public hearing to determine if there is sufficient public interest to move forward with the proposed extension. I'm not too concerned about a slight expansion of this Permit Parking Area if the affected residents want it. I do believe that permit parking programs should pay for themselves. A motion to send this request to the City Parking Coordinator for further review was approved 7:0. This proposal will now be studied by our Parking Coordinator.
  6. ***CONTINUED*** An ordinance amending the Provo City General Plan to rezone properties in the R2.5, R3, and R4. Citywide Application. (PLOTA20190427)
    This item was not ready to be heard.
  7. ***CONTINUED*** Community & Neighborhood Services Department requests an Ordinance Text Amendment to remove the R2.5, R3, R4, R5 and Campus High Density Residential zones from the city code. These zones include sections 14.12, 14.12A, 14.13, 14.14 and 14.14D. Citywide Application. PLOTA20190428
    This item was not ready to be heard.
  8. ***CONTINUED*** The Sign Ordinance Committee requests an Ordinance Text Amendment to Section 14.38.120-140 to clarify sign size requirements. Citywide application  PLOTA20190409
    This item was not ready to be heard.

  9. Adjournment