Monday, December 14, 2020

Council Meetings - 15 December 2020

The biggest theme for tomorrow seems to be development, but I'm most excited to talk about Ranked Choice Voting.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 pm, Tuesday, December 15, 2020


    Business


  1. A presentation from BYU regarding COVID-19 updates. (20-250)
    Mike Roberts, the new Managing Director of Alumni and External Relations, will introduce himself and update the Council about BYU's fall status and winter plans for managing COVID-19. There was a large surge of BYU-community cases when they first opened up in Fall. I was very impressed with the efforts that the BYU administration undertook to get things under control, and they have been a great partner. This should be a good discussion about what everyone learned from that experience and how to apply what was learned to the start of the Winter term. Presentation only. We are all hoping for and preparing for a smoother transition when the students return to campus at the start of the new year.
  2. A discussion regarding Provo's parking policies and future growth. (20-247)
    Provo's current approach to parking will likely not be sustainable in the future as Provo's population continues to grow. Community and Neighborhood Services Director Gary McGinn will address some of these concerns and opportunities. Provo's approach to parking is something that I have been heavily involved in the last couple of years with studying and working on proposals for changes. I've very interested to hear this presentation. Presentation only. It was great to hear the Director talk about these important principles. We've been grappling with determining the best way to move forward on some specific parking aspects in committee, so it was great to take a step back and talk about the broader principles and realize that we really agree on just about everything at this level.
  3. A presentation regarding the Economic Development's new approach to data analysis. (20-254)
    The Council has expressed the desire for a more data-driven approach to economic development. The Economic Development Department has worked on this and just finalized a contract with a nationally recognized company, Buxton, to provide very rich data analysis and resources. It's good to have data to guide decisions, but we also need to understand what we value as a community, what we are trying to accomplish, and the trade-offs we make to pursue those goals. Presentation only. It was a good discussion of the material presented in the document packet that I previewed.
  4. An ordinance amending Provo City Code to allow more options for conducting Neighborhood Chair elections. (20-253)
    Provo City Code 2.29.030 requires that those voting in the election of a Neighborhood Chair and Vice Chair(s) be present in person at the neighborhood meeting where the election is being held. Current pandemic conditions have restricted in-person gatherings in the interest of safety and health. There are some neighborhoods with Neighborhood Chair vacancies and others where the Chair's term has expired. Neighborhood meetings have moved entirely online now that it is too cold for an outdoor meeting option. An adjustment to the City Code is needed to allow the elections to be held in an online meeting. This is also an opportunity to establish a consistent set of rules to guide the elections. The Neighborhood Advisory Board met November 23, 2020, to review the proposed amendment and gave a unanimous recommendation to bring it to the Municipal Council for approval. I serve on the committee that recommended these changes, and I fully support the proposal. Presentation only. This item was already scheduled for the Council Meeting on December 15, 2020. See my report for item 4 in the eveing meeting.
  5. A presentation from the Sign Committee regarding proposed code amendments. (20-101)
    The Sign Committee will make two proposals in addition to their recent proposal about digital sign hold times:
    • Prohibit digital signs in the Historic Downtown, all PRO Zones, the Special Development Plan (SDP) Overlay Zone and possibly in other primarily residential zones (in addition to the A, RA, RC, R1, R2 zones where they are already prohibited and the VLDR, LDR, MDR, HDR that the committee has already proposed).
    • Replace the graph showing permitted maximum sign sizes with a table that would be easier to interpret.
     I appreciate the Sign Committee's work on this thorny issue. I still have not become comfortable with some of the proposed changes and the rationale behind them. Presentation only. I support the specific aspects that we discussed in this meeting.
  6. A discussion regarding ranked-choice voting. (20-113)
    In 2018, the Utah State Legislature approved the creation of a ranked choice voting (RCV) pilot program. RCV is an election method where voters rank their preferred candidates. If no candidate receives more than 50% of the votes in the top ranking, the votes from the candidate in last place move to those voters’ second choices. The process continues until a candidate has received a majority. In the Work Meeting on August 18, 2020 Stan Lockhart from Utah Ranked Choice Voting made a presentation to the Council about RCV. This is a follow up to that meeting to discuss the merits of RCV. "I strongly support moving to Ranked Choice Voting. Our current voting system has some significant flaws and I believe it bears some of the blame for the current state of politics in our country. The version authorized by the State, also known as instant run-off voting, has some downsides, but all of these downsides are shared by our current system. IRV has some advantages over the current system like eliminating the ""spoiler effect"" and promoting civility in campaigning. Also, though I support properly funding our elections, IRV can cut the costs of our elections in half by eliminating the need for a primary." Presentation only. I was surprised to see the opposition to RCV. We'll have to see if we can address the concerns raised and possibly work with the legislature if we need more flexibility.
  7. A resolution appropriating a combined $134,000 in the General Fund for a wildland mitigation program, a behavioral-health services provider, and a continuity of operations plan. (20-252)
    The Provo City Fire Department requests that an appropriation to the General Fund be approved for a combined $134,000. The appropriation includes $45,000 for a wildland mitigation program, $79,000 for public safety behavioral-health services, and $10,000 for a continuity of operations plan. The appropriations would be funded using fiscal year 2021 wildland fire response revenues. "When our firefighters travel to help other communities facing wildfires, our department gets reimbursed beyond the extra costs we incur. This is what is meant by ""wildland fire response revenues."" I'd be fine with them requesting the money be used for steak dinners for all the firefighters and their families. Instead, the department asks to use only part of the money and for things that will make the whole community safer." Presentation only. This item was already scheduled for the Council Meeting on December 15, 2020. See my report in the evening Council Meeting.
  8. A discussion regarding the reconsideration of land use patterns near State Street in southeast Provo. (20-255)
    A consideration of the future land use map update to accommodate Council objectives will be presented. I haven't seen the proposal. I can support small tweaks and corrections to the current policy, or applications of new tools to better achieve the direction adopted 3 years ago after even more years of effort and substantial stakeholder input. If we are talking about changing the vision of the plan, then I would expect that we undertake a similar level of public outreach as we did when the plan was adopted. A motion to request that staff address the stated concerns in the Southeast Area Plan and bring a proposal through to the Planning Commission, and subsequently the Council, was approved 7:0. With all the other areas in Provo still waiting to get some master plan attention from our professional planners, it seems unfortunate that we are revisiting a plan that is only a few years old. But there is a lot of development going on in this area right now and we want to get it right.
  9. A discussion regarding a Lease Agreement and a Joint Development Agreement with PEG Development. (20-248, 20-249)
    The Redevelopment Agency (RDA) has been working to develop additional office space and parking in the downtown area. PEG has been through the development approval process and has had the development approved. Their construction financier requires that at least 60% of the proposed office space be committed by leases prior to releasing the funds for construction. PEG has asked the RDA to lease the space with the understanding they will continue to look for alternative office users prior to the RDA taking possession of the premises. The RDA has been working to increase the sustainability and attractiveness of downtown Provo by encouraging additional commercial development and by acquiring and holding property. The RDA worked with PEG to effectuate the development of the State Court facility and PEG Is now ready to add to the continued enrichment of downtown Provo by constructing a new office complex and ancillary structure parking that will be available for public use. The attached Joint Development Agreement will facilitate that construction. We previously agreed to the deal in principle. Now we are being presented with the actual legal documents. Presentation only. This item was already scheduled for the Council Meeting on December 15, 2020. See my report in the evening Council Meeting.

    10. Policy Items Referred from the Planning Commission

    "

  10. An ordinance amending the Zone Map classification of approximately 8.5 acres, generally located at 1724 South State Street, from CM, RA, R1.6, R1.10, and A1.5 to the MDR Zone. Spring Creek Neighborhood. (PLRZ20190356)
    " "This item was considered, and ultimately continued, at the November 11, 2020 Planning Commission meeting. The Planning Commission asked staff to provide information relative to the following: (1) Commercial development underperformance in the South State area and (2) demographic and housing stock data. The Planning Commission expressed the sentiment that commercial development is not thriving in the South State Street area of the City and requested additional information. Speaking of the current commercially zoned property on South State between 900 South and 1860 South, most of it is for heavy commercial (CM Zone) uses. There is approximately 10 acres of land zoned SC2 (Community Shopping Center) and approximately 3.5 acres zoned SC1 (Neighborhood Shopping Center). The property in the SC2 Zone has been in said zone since about 2001 and has yet to develop. The property zoned SC1 has been zoned such since 1998 and a portion of it was developed in 2013 for a gas station. Planning Commission recommended approval." I have a few questions about the discussion on the commercial viability of the land zoned for shopping centers. None of that land appears to be part of this proposal. Presentation only. This item was already scheduled for the Council Meeting on December 15, 2020. See my report in the evening Council Meeting.
    11. "
  11. An ordinance amending the zone map classification of approx 5.33 acres of property, generally located at 1724 S State St, from Agricultural (A1.5) and Residential (R1.6) to Community Shopping Center (SC2). Spring Creek Neighborhood. (PLRZ20190426)
    " "The subject property lies on South State, just north of the intersection of State Street and Lakeview Parkway (1860 South). It is bordered on the north and east by vacant land that is the subject of a sizable medium density residential project (204 units). A railway lies to the west of the property. The Provo City Transportation Master Plan 2020, Major and Local Street Plan calls for a future collector to run parallel with, and east of, the railway. The land west of the subject property lies in unincorporated Utah County and has an industrial zoning designation. Some of the land to the south also lies in unincorporated Utah County and has an agricultural/residential designation. A portion of the land to the south lies within the city boundaries and has an A1.5 zoning designation. The subject land is in a high-water table area and the National Wetlands Inventory Mapper shows potential wetlands on the property. Portions of the subject property (new construction, etc., which are located within one hundred [100] feet of South State Street) lies in the South State Street Design Corridor. This Design Corridor has a set of design standards to, among other things, “promote attractive development” and “attract customers to businesses.” Planning Commission recommended denial." Perhaps this is where the analysis of the viability of shopping centers comes in. I don't feel like I need to decide if a community shopping center would be viable. The developer has all the incentive to figure that out before building something. I just need to determine if that use would be detrimental to the surrounding properties and the planned uses for this area. The plan is for this area to be MDR. The previous item proposes MDR uses all around this subject property. So would it be better not to allow this property to be rezoned SC2 and wait for a proposal for it to become MDR? Or does SC2 at the property compliment the surrounding MDR uses? ***CONTINUED***

    12. 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


PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, December 15, 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 of the Comprehensive Annual Financial Report (CAFR) by the Provo City Finance Division and HBME. (20-251)
    This will be our first full look at the outcomes of the fiscal year 2019/2020. Despite the challenges of the pandemic, preliminary reports suggest that we weathered the year reasonably well. Presentation only. With quick responses and long-term fiscal restraint, we weathered the first several months of the pandemic quite well, financially.

    Public Comment

    "Instructions for making public comments at this electronic meeting can be found on the officially published agenda: agendas.provo.org.

    " Fifteen minutes have been set aside for any person to express ideas, concerns, comments, or issues that are not on the agenda:

    Please state your name and city of residence into the microphone.

    Please limit your comments to two minutes.

    State Law prohibits the Council from acting on items that do not appear on the agenda.

    Action Agenda

  2. A resolution appropriating a combined $134,000 in the General Fund for a wildland mitigation program, a behavioral-health services provider, and a continuity of operations plan. (20-252)
    This was item 7 in the work meeting. See my preview for item 7 in the work meeting. Approved 7:0. We have a well-run Fire Department staffed with community heros. These funds come from revenue generated by our teams helping with wildfires in other states. These programs will help us take care of the mental health needs of our first-responders and will improve the safety in our City.
  3. A resolution transferring $235,000 from the General Fund to the Golf Fund. (20-245)
    The Golf Fund suffered operating losses during and as a result of a combination of events that had a negative impact on operations, namely, the golf course hole realignment construction project and the COVID-19 pandemic. State Code requires the fund to have an unrestricted fund balance of at least 5% of revenues. A transfer of $235,000 from the General Fund is required to bring the Golf Fund unrestricted fund balance into compliance. "We discussed this in the work meeting two weeks ago. The State requires this transfer. As I said in my report of the item from two weeks ago, ""Parks and Recs has been the department most financially impacted by the pandemic. The Golf Course had the double whammy of being under construction. But all signs point to a better and more economically self-reliant golf course in the near future.""" Approved 7:0. This transfers the funds to meet the State requirement, but does not authorize any additional expenditures.
  4. An ordinance amending Provo City Code to allow more options for conducting Neighborhood Chair elections. (20-253)
    This was item 4 in the work meeting. See my preview for item 4 in the work meeting. Approved 7:0. This will provide the needed flexibility during the pandemic and will also be helpful going forward.
  5. An ordinance amending the Zone Map classification of approximately 8.5 acres, generally located at 1724 South State Street, from CM, RA, R1.6, R1.10, and A1.5 to the MDR Zone. Spring Creek Neighborhood. (PLRZ20190356)
    This was item 10 in the work meeting. See my preview for item 10 in the work meeting. This item was continued for a second hearing to the Council Meeting on January 5, 2021. There is a lot to like about this proposal, but there are a few outstanding questions brought up by the public that I want to get answered before we vote.
  6. An ordinance amending the zone map classification of approx 5.33 acres of property, generally located at 1724 S State St, from Agricultural (A1.5) and Residential (R1.6) to Community Shopping Center (SC2). Spring Creek Neighborhood. (PLRZ20190426)
    This was item 11 in the work meeting. See my preview for item 11 in the work meeting. ***CONTINUED***


    7. Redevelopment Agency of Provo

  7. A resolution authorizing the Chief Executive Officer to sign a lease agreement with PEG Development for office space in Downtown Provo. (20-248)
    This was item 9 in the work meeting. See my preview for item 9 in the work meeting. Approved 7:0. We already had approved of this agreement in principle. Now we have approved of the actual legal language.
  8. A resolution authorizing the Chief Executive Officer to sign a joint development agreement with PEG Development for the development of office space in Downtown Provo. (20-249)
    This was item 9 in the work meeting. See my preview for item 9 in the work meeting. Approved 7:0. We already had approved of this agreement in principle. Now we have approved of the actual legal language.


    9. Adjournment

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