Council Meetings - 20 July 2021

It's been a while since a Council meeting has been cancelled. There were only two items on the agenda. One was continued by the Planning Commission, and the other one was not urgent. There are plenty of important topics in the Work meeting, though. The one I'm most concerned about is the Levee Plan. I hope we move forward with our eye wide open and fully consider alternatives.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:30 pm, Tuesday, July 20, 2021

Business

1. A presentation on the Quarterly Report for the 3rd Quarter of Fiscal Year 2021 (21-007)
   This is a high level overview of revenues and expenses in the City for the 3rd quarter of fiscal year 2021. Many of the revenues continue to grow beyond the pre-pandemic levels, and almost all are higher than budgeted. Presentation only.
2. A presentation on the South Utah Valley Animal Shelter's euthanasia techniques (21-084)
   The Utah Animal Rights Coalition (UARC) has been attending city council meetings in Utah County over the use of carbon monoxide to euthanize animals. Since Provo is a member of the South Utah Valley Animal Shelter (SUVAS) which utilizes a carbon monoxide (CO) chamber, it has been suggested by Provo's Animal Control Division that the Council hear a presentation on SUVAS' use of a CO chamber, how it works, and why it is used. At the direction of the Council Chair, staff has also prepared a memorandum (on the differences between carbon monoxide and intravenous injection euthanasia) and will be discuss findings. Hat's off to the Council's current intern on this great analysis. This is an emotional issue, and different groups are telling very different stories. However, this analysis cuts through and gets to the heart of the issue. Presentation only.
3. A Presentation on Technical Findings from the Provo Parks and Recreation Master Plan. (21-046)
   Pros Consulting will present the findings from technical data related to the Provo Parks and Recreation Master Plan in process. There isn't much to preview until the findings are presented. They aren't in our document packet. Presentation only.
4. A presentation regarding the Westside Levee Plan. (21-079)
   The West Side Levee Plan examines the levees along the Provo River as well as those around the airport to examine their existing condition as well as determine what will need to happen to obtain Federal Emergency Management Agency (FEMA) accreditation. Provo City and the CRS Engineers team have partnered to study the levees along the lower Provo River and Utah Lake and to develop a plan to certify existing levees. This report has been prepared to document the existing conditions of the levees; present alternatives for rehabilitating the levees so that Federal Emergency Management Agency (FEMA) accreditation can be obtained; and recommendations for moving forward with a preferred alternative. Perhaps I misunderstand the history, but it is concerning when a $50M project arises out of the blue. Presentation only.
5. A discussion regarding a Municipal Council Handbook Amendment (21-086)
   o Pursuant to UCA 52-4-207, the Municipal Council has a policy enabling attendance by electronic communications, which prior to the COVID-19 pandemic had only consisted of traveling councilors calling in via telephone to meetings. Over the past 16 months, the use of video conferencing for meetings has widely used and of such high quality and convenience during the pandemic that Council leadership and Council staff intend to continue using Zoom to enable public comment in the regular meetings, enable some presenters to make their presentations virtually, and enable attendance for those elected officials or staff who want or need to participate despite travelling. The medium is so convenient that many have asked why return to: [insert work, church, public meetings, etc. here]. Council leadership suggests additional language be added to the policy making clear that in person attendance is expected whenever possible. I support the proposal. The proposed language was adopted with the change “or when no in-person meeting was held) 7:0.



Administration: Mayor's Update

6. A presentation on Projects Funded by the Innovation Fund (21-085)
   The Innovation Grant Fund Program was created several years ago to encourage our employees to think outside the box and be innovative in their approach to their jobs or challenges. The program successfully launched one round of initiatives/ideas. In late 2019, the program was re-initiated and the program began promoting and soliciting Provo City employees to submit innovative ideas. This presentation will focus on a broad report on innovation funds uses and results. I love this program and look forward to the presentation. Presentation only.



Business

7. A discussion regarding the Neighborhood Program. (21-071)
   During the Work Meeting on June 15, 2021, the Council heard a presentation regarding the Neighborhood Program. As part of the discussion the Council heard about several problems the program is encountering and possible reasons why the problems may have arisen. The item was continued for further discussion and direction from the Council on how best to address these problems. The Council needs to decide on the best move forward. This would include deciding on or if a committee should be formed to address the issues as well as deciding what aspects of the program need to be reviewed. I support the neighborhood program because I think it has been a significant net positive for the residents of Provo. I support reviewing the program because I believe it has the potential to be even better. I wish every neighborhood chair could receive the training that I did. A motion to review the neighborhood program was approved 7:0. A motion to create an ad hoc committee comprised of Councilor Travis Hoban as chair, George Handley as Vice-chair, and David Shipley as a committee member, to review the scope and purpose of the neighborhood program was approved 7:0.
8. A presentation on the Provo River Delta Restoration Project (21-083)
   The Provo River Delta Restoration Project focuses on recovering the threatened June sucker and overall restoring the area’s natural ecosystem. Furthermore, “improved recreation opportunities including trails, trailhead parking areas, restrooms, river access, fishing platforms, interpretive features, and a viewing tower" will be built. The restoration began in 2020 and is anticipated to be completed in 2024. This presentation will provide an update of what has been completed so far, describe ongoing operations, and outline the future phases at the restoration project. I support this project and look forward to its completion. I am disappointed, though, that the trail along the lakefront will be removed. Presentation only.
9. A presentation regarding the Development Process: "Context: How design, density, and aesthetics interact" (21-080)
   The Council has indicated that it would like to receive presentations on a variety of development issues. Staff has invited speakers on a variety of topics relevant to community development. The discussion today centers on the interconnection of design and density. I'm excited about this presentation. I think that a significant portion of the public's resistance to density has been because so much of our higher-density developments have been so poorly designed. The poor outcomes are due to poor design, but people chalk it up to the increase in density. This item was continued to a future meeting.



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

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, July 20, 2021

***CANCELLED****

Council Meetings - 6 July 2021

The theme of the meetings seems to be the future and how we organize and plan now to shape it. We will be discussing the Neighborhood Program and Envision Utah's efforts in Utah Valley, and deciding if large swaths of west Provo should not have any mixture of housing type and if we set aside long standing limits on the density of townhomes in the core of residential neighborhoods.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:30 pm, Tuesday, July 6, 2021

Business

1. A presentation regarding the Neighborhood Program. (21-071)
   Provo City's Neighborhood Program has been in place for over 50 years. Council staff recently conducted a survey on Open City Hall to get insight on how residents are participating in the program and how they would like to be involved. The survey also included some ideas for potential changes. The Neighborhood Program is Chapter 2.29 of the Provo City Code. Council staff manage the Neighborhood Program under the direction of the Council and would like to give an update on the program as well as gather any recommendations from the Council on updates to be made. My first interaction with Provo's local government was through the Neighborhood Program. Many city councilors and others involved in the community began by engaging with their neighborhood. At its best, the Neighborhood Program allows residents to be involved in shaping their own future. Neighborhood chairs help their neighbors navigate the City bureaucracy to resolve problems. A motion to continue this presentation and discussion to a future meeting was approved 6:1, with Shannon Ellsworth opposed.
2. A resolution approving Veracity Networks LLC’s assignment of franchise agreement to Firstdigital Communications, LLC. (21-057)
   Veracity Networks LLC has notified Provo City that it intends to sell its assets and assign its rights to FirstDigital Communications LLC. Pursuant to Section 8.1 of the Franchise Agreement and Provo City Code § 5.03.030, this action requires approval of the Provo City Municipal Council. I have no concerns. Presentation only. This item was already scheduled for the Council Meeting on July 6, 2021.
3. A presentation on Envision Utah's Valley Visioning work. (21-080)
   Envision Utah and the Utah Valley Chamber of Commerce completed a multi-year project to look at growth in Utah County. Phase One of the Valley Visioning project took place from October of 2018 through April 2019. A total of 12 public workshops were held across Utah County in which over 400 people were engaged. In addition, the online survey received 2,700 responses. The following document summarizes stakeholder outreach and public engagement to identify the top priorities for Utah County through 2050. It was found that safe and neighborly communities, economic opportunity, and natural recreation contribute most positively to resident quality of life while traffic, poor air quality, and crowding contribute most negatively. Looking forward, Utah Valley residents and visitors feel the highest priorities should be managing water, improving transportation, reducing air pollution, and improving education. Phase Two of the Valley Visioning project took place from April 2019 to January 2020. This phase focused on the development of scenarios based on the feedback from six priority working groups. These priority group topics are: Air Quality, Water Quality and Quantity, Workforce and Education, Agriculture and Open Space, Housing, and Transportation. Five scenarios were modeled for impacts such as traffic, air quality, water usage, and teacher wages. The scenarios survey was opened in October 2019 and we recorded results through January 2020. In addition, Envision Utah held seven in-person workshops throughout the county to collect feedback. Over 11,000 people responded to the survey online and in person. These results form the beginning of the final vision. In Phase Three, the priority working groups from Phase 2 were reconvened between February and March of 2020 to review the scenario survey results and develop draft vision statements, goals, and strategies. Through the summer and fall, Envision Utah developed and vetted a final countywide vision to ensure that the vision is a valuable resource for Utah County residents and decision makers. Cities throughout Utah County were consulted to review and add their ideas to the final vision. The project concluded with the release of the vision document on November 17, 2020. However, Envision Utah and Association of Utah County Chambers (AUCC) continued to engage county leaders following the release. The vision was endorsed by the Utah County Council of Governments in April 2021. I would quibble over some of the details, but, on the whole, this has been an important work producing an important document to help guide our community decisions into the future. Presentation only.
4. An ordinance updating Provo City Code to remove gendered language and to make other minor corrections for consistency and stylistic purposes. (21-073)
   The Utah State Code and Constitution have been amended in recent years to make the documents more inclusive by removing gendered language. Council staff have undertaken a review of the Provo City Code after Councilors expressed interest in doing the same for the City code. This ordinance would update the City Code throughout all the titles of the code to make such changes. This ordinance also includes several stylistic and grammatical updates to other subsections of the code. The changes to Titles 14 and 15 have been referred to the Planning Commission as a separate ordinance, after which they will be sent to the Council with a recommendation from the Planning Commission and staff. The updates to gendered references have been drafted using the State's legislative drafting guide as a reference point and staff intend to draft a legislative style guide for Provo City which they will bring to the Council for consideration as an appendix to the Council Handbook at a later date. I support this and think it is helpful to periodically maintain the code. I was surprised at how many references were already "nongendered". Many times the proposed changes are to turn "the...director, or their designee" into "the...director, or the director's designee". Presentation only. This item was already scheduled for the Council Meeting on July 6, 2021.
5. A Resolution Appropriating $1,250,175 in the Legacy CIP Fund for the Acquisition of Land near Slate Canyon (21-058)
   Provo City Administration recommends the appropriation of $1,250,175 in the Legacy CIP Fund for the acquisition of land near Slate Canyon. After the appropriation, the remaining unappropriated amount in the Legacy CIP Fund would be $729,110. By purchasing this property, we will be able to properly connect the Bonneville Shoreline Trail in this area. I really appreciate the neighbors volunteering to clean up the area. I don't believe this property should be developed into more housing, but I also don't think that was a threat. I am looking for some assurance that we are not paying the price for developable land. I'm also a proponent of the Council setting the level of city services and letting the Administration figure out the best plan to provide those services to the community. I worry that public clamor had a role in the timing and prioritization of this proposal. Presentation only. This item was already scheduled for the Council Meeting on July 6, 2021.
6. A presentation regarding a new Golf Cart Lease for the Golf Course. (21-081)
   Due to the increase in revenue and play, the golf course is wanting to enter a new lease for new and additional golf carts. The Golf Course has been in a lease agreement with Yamaha for the past 15 plus years. The Golf Course is wanting to enter into a new lease agreement with Club Car. Partnering with Club Car will allow the golf course to expedite the process of going completely electric and green with its golf cart fleet in the future. The increased golf course revenues will cover the cost of the additional carts. This seems reasonable. I'm curious, though, about the comment that this will allow us to go all-electric sooner. If I read the lease right, these are for gas-powered carts. ***CONTINUED***
7. A discussion regarding the Council’s priorities for future appropriations from the Legacy CIP Fund. (21-037)
   Currently there is $1.9 million in the Legacy CIP Fund account with a $1.25 million appropriation pending to purchase property at Slate Canyon. That leaves approximately $729,110 in the fund for future projects. Staff will present some possible and proposed uses for these funds I like the idea of using the money to advance planning efforts. Opportunities are missed when plans are missing or out-of-date. A motion that staff bring forward an appropriation of $300,000 for the long-range planning initiatives was approved 7:0.



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

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, July 6, 2021

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 awarding Ken Potts the Mayor’s Award of Honor. Mr. Potts is one of only two living survivors of the sinking of the USS Arizona on December 7th, 1941, in addition he is celebrating his 100th Birthday. (21-053)
   There are few left who remember WWII firsthand.
   
   

   Public Comment

   Instructions for making public comments at this electronic meeting can be found on the officially published agenda: agendas.provo.org.
   
   Dial 346 248 7799. Enter Meeting ID 881 2793 9657 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 684656.
   
   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.
   
   

   Consent Agenda

   Items on the consent agenda are generally routine in nature, have been fully vetted in other meetings, or do not need additional discussion. They are approved together as one item. All items on the Consent Agenda were approved 7:0.
2. An ordinance updating Provo City Code to remove gendered language and to make other minor corrections for consistency and stylistic purposes (21-073)
   See my preview of item 4 in the earlier meeting.
3. A resolution approving a lease agreement with DLL Finance LLC for 75 golf carts over 5 years. (21-081)
   See my preview of item 6 in the earlier meeting.
4. A resolution approving Veracity Networks LLC’s assignment of franchise agreement to Firstdigital Communications, LLC. (21-057)
   See my preview of item 2 in the earlier meeting.
5. Approval of minutes
   
   
   

   Action Agenda

6. A resolution appropriating $1,250,175 in the Legacy CIP Fund for the acquisition of land in Slate Canyon. (21-058)
   This was item 5 on the work meeting agenda. See my preview of item 5 in the earlier meeting. Approved 7:0.
7. A resolution transferring $200,000 from the General Fund to the Energy Fund for land acquisition and appropriating $463,450 in the Police Department in the General Fund for a metal building and incinerator. (21-082)
   The Police Department is in need of space suitable to park and store equipment. The Energy Fund owns a piece of land that could be used for this purpose. The land would be purchased from the Energy Fund via a transfer from the General Fund. A metal building would be constructed on the property. A new evidence incinerator is also needed. An RFP was issued, and bids reviewed. The low bid was $421,000 for the building and $42,450 for the incinerator. [This was discussed with the Council at the June 15 work meeting.] I support this proposal. All of my questions were answered in the 15 Jun work meeting. Approved 7:0.
8. An ordinance amending the Zone Map classification of approx 23.5 acres of real property, generally located at 200 N Lakeshore Dr. from Agricultural (A1.10) and (A1.5) to Residential (R1.8) and Residential Agricultural (RA) Zone. Fort Utah Neighborhood PLRZ20210049
   The applicant proposes R1.8 zoning for the 23+ acre subject property to develop 69 single-family lots (one lot is proposed to be zoned RA or Residential Agricultural) near 200 N and Lakeshore Drive. The subject land has historically been used for agricultural use. The subject property is bounded on the north by the Provo River and on the south and east by residential development. Agricultural land and the Provo River lie to the west of the property. A park is proposed for land north of the development and west of Lakeshore Drive west, beyond the Provo River, the land lies in unincorporated Utah County. Land lying west and south of the proposed rezone area has agricultural and residential agricultural zoning. The vast majority of land lying east and northeast of the subject land has single-family residential zoning (R1.8 and R1.10). The land lying directly north of the property has agricultural zoning. Planning Commission recommended approval. This was continued at the June 15 Council meeting. At the last meeting, we decided to ask the Planning Commission to recommend a clarification to the Westside Development Policies and the Southwest Area Future Land Use Map. Depending on how these policies are interpreted, this proposal may not be aligned with the adopted policies. I don't think we should decide on this rezone request until we have the recommendation back from the Planning Commission. A substitute motion to delay a vote on the ordinance until feedback is received from the Planning Commission on the west side plan was approved 6:1, with David Sewell opposed.
9. An ordinance amending the Zone Map classification of approximately .80 acres of real property, generally located at 690 E 500 S, from Residential Conservation (RC) to Medium Density Residential (MRD) zone. Maeser Neighborhood. (PLRZ20210086)
   The 0.82-acre subject property lies in the RC Zone in an area of mixed uses. There are many residents in the area, which appear to be single-family. There is attached housing just to the south of the subject property. A large apartment complex is under construction just to the northeast of the property. There are a few small businesses near the subject property. The property lies approximately one-half block north of the Provo City Cemetery. Two dwellings and a detached garage lie on the subject land. The subject property has an abundance of open space that may be currently under-utilized. Planning Commission recommended approval with conditions. This was continued at the June 15 Council meeting. I support the idea of townhomes on this property. I also support the LDR zone, which was created to accommodate a mixture of single-family housing types up to townhomes. The density cap on LDR would limit the project to 9 townhomes. This is a thoughtful limit put into our code which allows for good site plans and good townhome developments. The applicant is proposing a townhome development but wants us to rezone it as MDR to enable them to build 15 townhomes. I think this is too dense to have a quality project, and I think the proposed site plan attests to this. A motion to amend the ordinance to refer to a development agreement was approved. The ordinance was approved 6:1, with Shannon Ellsworth opposed.
10. A resolution approving a substantial amendment to the Program Year 2019 Annual Action Plan reprogramming CDBG-CV Funds for COVID-19 public health response. (21-050)
    In response to the pandemic caused by the spreading of the Corona Virus COVID-19, the federal government provided an economic stimulus package through the Coronavirus Aid, Relief and Economic Security Act (CARES Act), which made available, at the first tranche, $5 billion in supplemental CDBG-CV funding to prevent prepare for, and respond to the coronavirus.
    
    The funds are administered by the Office of Community Planning and Development (CPD) of the U.S. Department of Housing and Urban Development (HUD). To use the funding, the City is required to amend its PY2019 Annual Action Plan (AAP).
    
    The CARES Act provides flexibilities and waivers for CDBG grantees to make it easier to use CDBG-CV grants for coronavirus response, including amending the City’s Citizen Participation Plan to suspend regulatory requirements associated with CDBG funds, such as a reduced comment period, opportunity to hold virtual public hearings and citizen participation reasonable notices and opportunities to comment.
    
    A duly noticed Public Comment Period from June 23, to July 6, 2021 is conducted for citizens, partner agencies, and other interested parties to review and comment on the Plan’s proposed amendment. Electronic copies of the Plan are available for public review at the City’s website.
    
    The public hearing on July 6, 2021 will close the Public Comment Period, present the Plan (Exhibit A) to the Municipal Council and public in general, show proposed uses to the recommended projects for CDBG-CV funds (Exhibit B), and an opportunity for the Municipal Council to reprogram funds for the CDBG-CV funding and approve the Substantial Amendment to the Plan. I'm not clear if this is the same proposal that we heard previously. It's hard to understand what is proposed to be changed. Approved 7:0.




Adjournment