Council Meetings - 24 August 2021

Well, we are about halfway between when I first posted my "Final Year Dashboard" and when I leave office.

No new "final actions" have taken place since I first posted this, so I'm still 0 for 1, with Ranked Choice Voting being my one and only strike-out. I can't think of a good way to graphically show progress on the "pending" items. By far, the most work has gone into the parking issues. In Tuesday's meeting we'll be presenting the latest updates and changes to the working proposal. With the backing of the rest of the Council, we will push the proposal forward to get feed back from the rest of the community and lay out a game plan for how it should be implemented, if the Council decides to support it after we hear from the community. The Committee is pushing for dynamic tools to be a part of the program, and these tools will also be very valuable in the management of Downtown parking. I think main hold up of Downtown parking progress is the hiring of a new Parking Coordinator. I thought this position should be filled by now. I need to ask how that is coming.

The effort to ensure mixed housing types has made waves recently, but it looks like there is a good path forward. I think item 3 in the Work meeting should give that effort a shot in the arm. I'm worried that the Occupancy and Rental Regulation Reform may not be finished before I have to bow out, but hopefully I can sow some seeds that will bear fruit after I'm gone.

Finally, we had some good discussions during the budget season on the financial oversight practices. We caught our breath once the budget passed. Now is a good time to work out these details to be baked into next year's budget cycle.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 pm, Tuesday, August 24, 2021

Business

1. A presentation regarding the Administration's proposal for a COVID-19 vaccine campaign. (21-089)
   COVID-19 infection and hospitalization rates have steadily increased in Provo and Utah County. Administrators and doctors from Utah Valley Hospital recommend higher vaccination rates among Provo's population to help reduce COVID's impact on the community and hospital, especially ICU beds that are being filled with non-vaccinated COVID patients. As such, Provo City Council asked the city's Administration team to develop a vaccine campaign in partnership with local community and health partners in an effort to raise awareness about the importance of vaccines and encourage citizens to get the shot. We requested this proposal three weeks ago at our last Work Meeting. There are no documents in our meeting packet so there isn't much to preview. Presentation only. I was very impressed by the Administration's effort on this request and the quality of the resulting rough plan.
2. A presentation regarding the allocation of Recreation, Arts, and Parks (RAP) tax funds. (21-091)
   A summary of Recreation/Arts/Parks Tax revenues, expenditures and related projects. This update was also requested by the Council and no documents are in the packet. Presentation only. RAP funding has made a huge difference for our parks. For our arts? Not so much.
3. 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. This item has been continued a couple of times. I previously preview this item this way: "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." Presentation only. This was an excellent presentation.
4. Presentation on the General Plan. (21-061)
   Planning staff and Design Workshop staff will update the Council on the progress of the revised General Plan. I'm a little worried about the drafts and outlines so far. It feels very generic. I don't see a strong vision, but an amalgam of everything anyone said in a focus group. Presentation only. I was blunt with my concerns over the proposed vision statement and the buzz phrases used.
5. Presentation from Parking Committee. (21-028)
   The Parking Committee is working on a comprehensive parking plan and coming forward with a presentation on a proposed phased-in approach for a new parking program in neighborhoods surrounding BYU campus. I've been working with this committee for at least two and half years. We've refined the proposed program through several rounds of public input and stake holder discussions. I'm hopeful that we can get the ball rolling before I leave office. Presentation only. Things are going in a good direction. Managing on-street parking in areas with excess demand and charging demand-based rates will align interests and allow the market to optimize the use of on-street parking and will solve a major, decades-long frustration of residents, both long-term and short-term.
6. Presentation on return of Winter Olympics to Utah. (21-090)
   Review of the bidding process to host an Olympic and Paralympic Games in Utah. Discussion of current bid status and next steps. Special highlight on the importance of the Peaks Ice Arena and what is needed in the near future to help aid in the bidding process. The Peaks Ice Arena has been a shining example of a well managed facility that was originally built for hosting the Olympics. Presentation only. It was fun to help host the Olympics in 2002. Efforts are underway to bring the Winter Olympics back to SLC, and Provo may have another opportunity to help host.
7. Presentation on Provo Delta Restoration Project and possible impact on Provo Airport. (21-083)
   The Utah Reclamation Mitigation and Conservation Commission is coordinating its Provo River Delta Restoration Project with the Provo Airport, Federal Aviation Administration, and wildlife services to reduce the risk of bird strike for airplanes using the Provo Airport. This is likely an area where there are competing public interests. Finding the right balance will be critical. Presentation only. The concern is that certain features are being designed into the project that will reduce the risk of bird strikes with planes using our airport. But who will maintain these features once the project is complete and is handed off to the State and becomes one of many properties managed by the State, most of which do not have the same kind of maintenance requirements?



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
Board of Canvassers
Agenda

5:30 pm, Tuesday, August 24, 2021

1. A resolution of the Mayor and the Municipal Council sitting as the Board of Canvassers accepting the election returns and declaring and certifying the results of the vote for Primary Elections held on Tuesday, August 10, 2021. (21-092)
   This is a presentation of the final vote tallies in the municipal primary election.Approved 6:0, with Councilors George Handley and Travis Hoban excused.It was a 6:0 vote, even with two councilors excused, because the Mayor also votes on this board. During the meeting I spoke on the confidence I have with the system implemented by the County ensuring the integrity of our elections. We looked very closely at the system before we tranitioned to vote-by-mail. I really feel that Utah is a great example in striking the right balance between election integrity and ease-of-voter-use.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:45 PM, Tuesday, August 24, 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 from the Provo Mayor and City Council to Karl Snow and Glee Zumbrunnen in appreciation for their work and service in changing Provo’s form of government to what it is today and for presenting a written history of those events. (21-088)
   Presentation only. I'm grateful for the effort of these two individuals in changing the form of Provo's government. I believe we are well served by having a separate administrative branch and legislative branch. I wish we could have likewise changed our county government. Maybe I'm a bit biased, but I feel that we've had far less drama with our elected city officials than our elected county officials.
   
   

   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 830 4699 1746 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 678920.
   
   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. An ordinance amending Titles 14 and 15 of the Provo City Code to remove gendered references and to make stylistic and grammatical corrections. (21-073)
   There is a lot more to this than just the replacement of gendered language. For the most part, I understand and agree with the changes proposed. Approved 5:0 with George Handley and Travis Hoban excused. Most of the discussion revolved around whether the changes should be classified as "stylistic and grammatical corrections." We were assured in the meeting that they were nonsubstantive, and therefore I voted in favor. After further digging, I'm not so sure anymore. We will be bringing this item back to take a closer look.
3. An ordinance amending the Zone Map classification of approximately 1.07 acres of real property located at 50 E 3900 N from Residential (R1.10) to Low Density Residential (LDR) and Two Family Residential (R2) and authorizing a related development agreement. Riverbottoms Neighborhood (PLZR20190265)
   On November 10, 2019, after several hearings by the Planning Commission, the Council voted 6:1 to reject a proposed rezone from Single-Family Residential (R1.10) to Low Density Residential (LDR) in order to build 10 townhomes. The Council indicated that they would be open to hearing a proposal for rezoning to Very Low Density Residential (VLDR) with fewer units at a future Work Meeting. The developer has returned with a new VLDR proposal for 6 units.
   On February 2, 2021, the Council declined the rezone to VLDR and invited the applicant to make changes to address the concerns of the Council and come back before them. A new site plan and concept photos have been submitted and the developer has proffered a development agreement holding the development at ten units. I hope we'll be able to get this passed this time. Approved 5:0 with George Handley and Travis Hoban excused. I'm glad that this finally got done. I think that some of the earlier iterations were just as good, if not better, but I think we ended at a good place.




Adjournment

Council Meetings - 3 August 2021

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

2:00 pm, Tuesday, August 3, 2021

Business

1. A presentation regarding COVID-19 vaccines from Utah Valley Hospital. (21-089)
   COVID 19 cases have increased in the last month, at the start of July the 7-day average was 399.9 cases per day as of July 27th the 7-day average was 649.3 cases per day, a 61.55% increase in daily cases. The Delta variant now accounts for an estimated 83% of new cases in the United States, and the surge has come from mostly unvaccinated people. Researchers found that the delta variant contains 1,000 times more viral material than that of the original novel coronavirus variant that infected much of the global population during the onset of the global pandemic last year. This means the delta variant can replicate at a much faster rate than the original strain, making the mutation much more infectious, according to the study. When a person becomes infected with the delta variant, the mutation is shedding significantly more viral material, making it harder to suppress and easier to infect others. Researchers also found that on average it took approximately four days for the delta variant to reach detectable levels using a standard COVID-19 test kit compared with the six days it took for the original coronavirus strain to be detected. According to the CDC, vaccines are the best defense we have against infectious diseases, but no vaccine is actually 100% effective. Although some fully vaccinated people have still been infected with COVID-19, they are highly unlikely to become seriously ill or require hospitalization. When fully vaccinated people get infected with the coronavirus, it's known as a "breakthrough" case. A small number of such cases are expected and they're not a cause for alarm. COVID-19 vaccines work by teaching the body to recognize the virus. So, if someone is exposed to it after vaccination, their immune system should be ready to spring into action and fight it. If someone does end up getting sick despite vaccination, experts say the shots are good at reducing the severity of the illness — the main reason to get vaccinated. A motion to ask the Administration to work with community health partners to formulate a proposal to bring back to the Council in three weeks to determine how to move forward addressing this was approved 7:0. I've been very nervous about the rising cases of COVID-19 in Provo and Utah County with the rise of the Delta variant. The curve looks very similar to me to where we were at this point last year, but we actually have more cases now. On the plus side, we have a good chunk of the population vaccinated. Of concern, the Delta variant is far more infectious, and society seems less willing to take the precautions we took last year. Which will have a more significant effect? So far, it looks like Delta is winning compared to the previous year. I feared what case numbers this winter might look like. Fortunately, the Intermountain Healthcare projections show a smaller fall peak than we topped out last winter and then show the numbers falling from there. This was a relief, but not a total relief. First, projections are just that, and the actual situation might turn out to be better or worse than projected. Second, even the lower curve that Intermountain predicts reflects a lot of pain and suffering. Delta also appears to cause more severe sickness, more likely hospitalization, and higher death rates among the unvaccinated. Similar case rates this year will likely translate to higher hospitalization and death than last year. Our health care workers are exhausted. This will be a challenging fall. Please consider getting vaccinated if you haven't already.
   
   Separately, I just have to say that in my experience, personally knowing four people who were fully vaccinated and have since contracted COVID-19, seems that the breakthrough case rate is higher than what I've seen reported. Each of these cases has been relatively mild, but still, it's unnerving.
2. 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. This item was continued to a future Work Meeting. I really wish we could have had this presentation before we discussed the "Intent Statement" item in the evening meeting.
3. A presentation discussing a proposed ordinance for transferring private ownership of streets and utilities to public ownership of streets and utilities. (21-087)
   The City has been approached about taking ownership of a private road and utilities in a small subdivision. As the City has no ordinances or policies in directing on how or should the City assume ownership the Public Works Department is asking the Council to consider a new ordinance to address the issue of the City assuming ownership of private roads and utilities. Presentation only. I pushed to have a defined set of criteria to consider when deciding if transferring the obligations to the public is in the public's interest.
4. A presentation regarding City programs that are funded through CDBG and HOME funds. (21-050)
   Provo receives funds through CDBG and HOME, the Community and Neighborhood Services Department is responsible for administration of these different programs funded through CDBG and HOME. These programs help local business and residents the programs are:
   • Commercial Facade Improvement ProgramJ
   • Home Purchase Plus Program
   • Emergency Home Repair Program
   • Egress Window Program
   • Neighborhood Revitalization Program
   • Homeowner Rehabilitation Program
   • Including the small business loans program funded through the COVID 19 CDBG Funds
   Presentation only. This is a good orientation for these important programs.



Policy Items Referred from the Planning Commission

5. An ordinance amending the Zone Map classification of approximately 26.11 acres of real property, generally located near the access area to Slate Canyon., from Single Family Residential (R1-10) to Open Space Preservation and Recreation (OSPR) Zone. Provost Neighborhood.(PLRZ20210237)
   The Community and Neighborhood Services Department is requesting to rezone one parcel consisting of 26.11 acres in the critical hillside overlay zone to the proposed Open Space, Preservation & Recreation (OSPR) zone (14.33). There is no proposed development requesting to utilize this zone. The rezoning of this property helps to ensure protection of the critical hillside from future development and adds to the recreating opportunities in Slate Canyon. Planning Commission recommended approval. Presentation only. This item was already scheduled for the Council Meeting on August 3, 2021. I raised the request that as we create a site plan for this property and how it connects trails, parks, and public land, consideration is made if the property immediately adjacent to existing residential roads would be best used as space for new residences. This could provide more housing opportunities and help offset the cost of developing this area. Obviously, this should only be pursued if it doesn't detract from what we are trying to accomplish, but the road is already there, and residences are on both sides.
6. An ordinance amending the Provo City General Plan to adopt an Intent Statement for the Westside Development Policies and Southwest Area Future Land Use Map. Citywide (PLGPA20210242)
   The west side of Provo is growing, and residents and city staff have collaborated over the last five years to establish design guidelines to direct future development. Councilor Harding has requested that the Council adopt an intent statement that would (1) reaffirm their commitment to the Westside Development Policies (WDP) and Future Land Use map, (2) request assistance from the Planning Commission in drafting ordinances to accomplish WPD 3.a, (3) change the density of four units per acre from net to gross, and (4) clarify where WDP 3.a-d apply and give examples of desired development patterns. Planning Commission recommended denial. Presentation only. This item was already scheduled for the Council Meeting on August 3, 2021. As I was preparing for this meeting, I noticed that the draft that the Planning Commission had been given was not the updated draft that the Council had discussed before voting to ask the Planning Commission for their recommendation.



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, August 3, 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 from the Provo Mayor and City Council to Karl Snow and Glee Zumbrunnen in appreciation for their work and service in changing Provo’s form of government to what it is today and for presenting a written history of those events. (21-088)
   
   
   

   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 867 6688 3496 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 559776.
   
   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 $300,000 in the Legacy CIP Fund for a Hillside and Canyons Plan, River and Lakeshore Plan, and Gateway Plan.
   The Legacy CIP Fund was created by the Council with the intention to use the available funds for projects that would benefit the residents of Provo for years to come. The Administration recommends the appropriation of $300,000 from Legacy CIP Fund balance for long-range planning. Specifically, the resolution would appropriate funds for a Hillside and Canyons Plan, a River and Lakeshore Plan, and a Gateway Plan. The unappropriated funds remaining in the Legacy CIP Fund after this appropriation would be $429,110. Approved 7:0. Creating plans is a great way to use one-time (non-recurring) money. We have great planners in Provo, but they have fallen way behind with the resources and staffing level that they have been given. We need to be out ahead, with a clear vision that the community embraces.
3. An ordinance amending the Zone Map classification of approximately 26.11 acres of real property, generally located near the access area to Slate Canyon, from Single Family Residential (R1-10) to Open Space Preservation and Recreation (OSPR) Zone. Provost Neighborhood. (PLRZ20210237)
   This was item 5 on the Work Meeting agenda. Approved 7:0. See my report for item 5 in the Work Meeting.
4. An ordinance amending the Provo City General Plan to adopt an Intent Statement for the Westside Development Policies and Southwest Area Future Land Use Map. Citywide (PLGPA20210242)
   This was item 6 on the Work Meeting agenda. A motion to refer the correct version of the intent statement back to the Planning Commission with comments and to hold a future joint meeting with the Planning Commission was approved 7:0. The intent statement would have accomplished two things. One, it would have asked the Planning Commission and our Planning Staff to recommend clarifications to our policies and ordinances that facilitate the implementation of these policies. Two, it would have communicated with all stakeholders how the Council intended to deal with applications that we receive while the recommendations were being developed and deliberated.
   
   The Planning Commission recommended denial (though, as explained in the earlier meeting, they were not given the most up-to-date version), but they did recommend that policies be developed (which is what the intent statement called for). The most significant loose end at the moment is what to do with new proposals in the meantime.
5. An ordinance amending the Zone Map classification of approximately 23.5 acres of real property, generally located at 200 N Lakeshore Drive 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 previously heard by the Council and continued until the Southwest Intent Statement could be heard by the Planning Commission. Approved 5:2, with George Handley and David Harding opposed.




Adjournment