Council Meetings - 26 October 2021

Towing, Parking, Housing, Art. It's a short but broad agenda.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 pm, Tuesday, October 26, 2021

Business

1. A presentation regarding the review of Annual Fraud Risk Assessment. (21-106)
   Utah State Auditor's office requires this assessment be completed and shared with the Municipal Council in a public meeting. Provo City has completed this assessment and the score for this year is 391 out of a total possible 395! The best tier starts at 355. I so pleased with the way that our Finance Department has handled this Fraud Risk Assessment. The State came out with this a few years back and rather than treat it hostilly, the Department took it as a opportunity to review all their procedures and make improvements. Presentation only.
2. A discussion on percent for the arts programs. (21-098)
   The Council at the September 21, 2021 meeting heard a presentation on the concept of a Percent for Arts program, why public art matters, how they are funded, and some Utah examples. Direction was given to begin the outline of a Percent for Arts program for Provo City. Art helps make a place worth living in. Public buildings are major investments and it makes sense to direct a little of that money into incorporating art into the projects. A motion to create an ad hoc committee to explore and develop a recommended policy regarding a percent for arts program, and to defer selection of the committee chair and vice-chair until January, with a target date of April to report back to the Council was approved 7:0.
3. A presentation from the Kem C. Gardner Institute: "A Time to Build: Physical, Human, and Social Capital" (21-094)
   As part of the Gardner Policy Institute's presentation series for the Provo Council, this third discussion focuses on the benefits of building and maintaining social capital within neighborhoods and communities. Additional information on housing and economic conditions in Utah will be provided. I'm looking forward to this presentation. Utah leads the nation in this area. While there is always room for improvement, I think we should embrace what has lead us to this point and should take care that we don't undercut our success. Presentation only. This was a very informative presentation.
4. A presentation on proposed Chapter 9.90 On-Street Parking Management. (21-028)
   The Parking Committee proposes a new parking paradigm called the On-Street Parking Management (OSPM) program that would be created with the proposed Provo City Code Chapter 9.90 and applied to the Joaquin Neighborhood with Provo City Code Chapter 9.91. The Parking Manager would have the authority to apply the solutions in Chapter 9.90 within a Council-approved OSPM area without returning to the Council for every change, though they would have to notify residents in affected areas. The Parking Manager could create parking zones where one of two parking management strategies could be applied: 1. Paid timed parking 2. Permit parking with paid timed parking Chapter 9.90 is on Open City Hall for public feedback. It will return to the Council for deliberation once that is closed. Two weeks ago I made an impassioned pitch as to why we need to update the way we manage on-street parking in areas of excess demand. I guess CNS wants an opportunity to describe the nuts and bolts of the proposal. Presentation only. This item is still open for additional feedback on Open City Hall and will return to the Council at a future meeting. We'll be considering this item at our next meeting on November 16th.
5. An ordinance on towing fees (21-105)
   In 2013, the City adopted City Municipal Code 9.31.110 which included a limitation on the maximum fees and charges a towing company operator may charge for: (i) booting or otherwise immobilizing a vehicle, and (ii) towing a vehicle. The fee limits in question only apply to patrol type tows at residential properties. Provo does not impose a fee cap for any consent tows or for non-consent tows (1) at non-residential properties or (2) at residential properties where the property manager or designee calls for the tow. In an attempt to prevent predatory towing, in 2013, Mayor Curtis proposed, and the Council approved, rules requiring patrol tows of residential properties to be done under a contract that meets certain requirements. One of those requirements is a cap on the fees. A local towing operator is requesting a change in the rates to help address costs increases (vehicle, employment, insurance, equipment, etc.). The Council directed staff to bring for its consideration an ordinance setting the non-consent, non-police towing and booting at 80% of the state limit. In 2013, Provo passed a law to discourage the use of patrol towing in an effort to reduce predatory towing. This reduced but did not eliminate the problem of predatory towing in the city. By pinning the cap to the state limit, we would be ensuring that patrol towing is always financially viable. By keeping the cap where it is, the disincentive to continue patrol towing increases with inflation and at some point it won't make sense to continue patrol towing. Presentation only. This item was already scheduled for the Council Meeting on October 26, 2021. See my report from the evening 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, October 26, 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 to recognize Brooklyn Martinsen on her award-winning essay for ULCT's "Why I Like My Community" Essay Contest
   Presentation only.
2. A presentation to recognize Provo Parks and Recreation for receiving the Gold Medal Award from the American Academy for Parks and Recreation Administration
   Presentation only.




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 846 9856 7119 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 734278.

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

3. A resolution appointing individuals to various boards and commissions (21-039)
   The Mayor has recommended a number of individuals to be reappointed to various city boards and commissions. These names have been presented to the Council and the Council has been asked to approve the resolution granting their advice and consent. Thomas Halladay (Board of Adjustment), Mitsuru Saito (TMAC), James Hamula (TMAC), Laureen Urquiaga (TMAC), Robert Knudsen (Planning Commission) I've said it a number of times already, though this may be my last time in this capacity, but I am so grateful for the many people throughout Provo who volunteer thier time and effort to serve our community. Our city is as great as it is because of people like the ones serving on our city boards and commissions. Approved 7:0. Provo is a better place because of all the service given by volunteers.
4. An ordinance on towing fees (21-105)
   This was item 5 in the work meeting. See my preview for item 5 in the earlier meeting. Approved 4:3, with Shannon Ellsworth, George Handley, and David Harding opposed. I know a careful balance was worked out in 2013. I don't feel comfortable making adjustments unless I understand the issue better. I would want to hear from the various stakeholders first.




Adjournment