PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
12:30 pm, Tuesday, November 30, 2021
- A discussion regarding the appointment of City Constable. (21-111)
The state code made some changes in 2019 regarding the nominating process for appointing a constable and moving the responsibility to the legislative body. Looking at the code it appears that even though the members of the commission are defined by statute, it must be “the legislative body of a city of the first or second class” that establishes the nominating commission. Furthermore, the entire commission needs to “review each applicant’s credentials.” We are asking the Council to establish the nominating commission, including having them select which Councilor, which judge (it doesn’t have to be our Justice Court judge) and which private citizen serve on the commission. Then the entire body needs to review all the data and make a recommendation to the Council. Alternatively, 17-25a-3 allows currently appointed constables to be reappointed (for a six year term rather than four) without the nominating commission even being involved. An option the Council could consider would be for Administration to bring a request for reappointment to the Council. Included is a recommendation from Judge Romney and ReAnnun Newton on reappointing Bob Conner and the City Constable. Council to decide on route to appointment at Dec 14th Regular Council meeting. - A presentation from the Housing Committee regarding an ordinance change for ADU’s. (21-112)
During the 2021 Utah Legislative Session, the Legislature passed House Bill 82 (HB 82) which requires cities in Utah to allow Accessory Dwelling Units (ADUs) in more of their primarily residential-zoned areas. Most cities are required to allow ADUs in at least 75 percent (75%) of the area zoned primarily for residential uses; however, because Provo is home to a major university, it is only required to have a minimum of 33 percent (33%) of the areas primarily zoned for residential allow ADUs. Provo currently allows accessory apartments in approximately 20 percent (20%) of the areas zoned primarily for residential uses, therefore, at a minimum, must allow an additional 13 percent (13%) area where ADUs are permitted. Discussion to continue in Regular meeting and Dec 14th Council meetings. - A presentation regarding the Parks and Recreation Master Plan Update - Recommendations and Implementation. (21-046)
Provo Parks & Recreation has been working with Pros Consulting for over a year on this Master Plan update. Multiple public presentations have been held and feedback received in the preparation of this updated plan. Pros Consulting will give a virtual presentation of the final draft of the updated Parks and Recreation Master Plan at this work session. Discussion and recommendations from Council will be received and final adoption of the Plan is scheduled to be presented in the Council Meeting on December 14. To be on Dec 14th Regular meeting for approval. - A discussion regarding the Provo River Delta Restoration Agreement. (21-083)
For the last several years, city staff and various federal and state partners have been working on a series of agreements related to the Provo River Delta Restoration Project. The City’s primary concerns with the project have been related to the proximity of the restored delta to the Provo Airport and the risk of increasing the incidence of bird strikes at the airport due to the design of the delta and whether or not the delta might result in attracting migratory waterfowl. The parties involved in the development of the agreements include the Utah Reclamation and Mitigation Commission (part of the US Department of the Interior), Central Utah Water Conservancy District, Utah County, the Utah Department of Natural Resources, the Utah Division of Wildlife Resources, the United States Department of Agriculture Wildlife Services, Provo City, and our respective legal counsels, consultants and others. Update to Council; Agreement to be brought before Council for a vote in future Regular Council meeting. - A discussion regarding the public input process for the consideration of a potential UVX Station on 900 East. (21-115)
The Mayor's Office in conjunction with the Utah Transit Authority, Mountainlands Association of Government and additional Provo City staff recently hosted two public open houses for the purpose of gathering public input on the question and interest in a potential UVX station on 900 East, approximately between Campus Lane and Birch Lane. These events took place on October 13th and 20th at the Wasatch Elementary School and multi-purpose room at the Provo City Recreation Center, respectively,and a survey was placed on Open City Hall. Council gave direction to go forward with looking into creating this station. - An ordinance amending Provo City code to comply with current state law regarding fireworks sale, distribution, and discharge of Class C consumer fireworks. (21-113)
During this year's extreme drought, city officials sought creative ways to allow individuals to still use fireworks, but in safer, more controlled ways. The 2021 firework season was a success for the city. To set the city up for future success regarding firework use and to align city code with current state statute, this ordinance proposes some changes about Discharge Restricted Areas and revisions to match state laws. Proposed ordinance to appear on Dec 14th Regular meeting agenda. - A presentation regarding the 2021 Wildland Urban Interface (WUI) fuel mitigation efforts and proposed ongoing fuel mitigation program. (21-114)
“Our Wildland Urban Interface represents the single biggest threat to our city.” These words combined with the Range Fire and the Timpview Draw fire in 2020 have demonstrated the critical need to protect our Wildland Urban Interface. Our 2021 activities centered on fuel reduction programs in the Timpview Draw and along Lover’s Lane. These efforts represent a fraction of the WUI present in Provo. These activities utilized approximately 1000 staff hours and resulted in the removal of over 400 yards of green waste from 200 homes along the WUI. It is the Fire Department’s recommendation that an ongoing Community Risk Reduction program be implemented to address fire and life safety risk in the community. The department will propose an appropriation of funds for a Community and Firefighter Risk Reduction Specialist (one FTE), and four seasonal, full time, time-limited Fuel Mitigation Specialists. Appropriation to come to Regular meeting agenda on Dec 14th. - A presentation regarding how elected officials and community leaders can strengthen the impact of girls and women in Provo. (21-117)
As part of the City Council's ongoing discussions on diversity and inclusion efforts throughout the city, this presentation from Dr. Susan Madsen of Utah State University provides a look into best practices for various stakeholders interested in supporting and empowering Utah girls and women. Presentation only.
Business
Closed Meeting
Adjournment
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:30 PM, Tuesday, November 30, 2021
- A resolution consenting to the mayor’s appointment of the City Engineer for Provo City. (21-111)
The Mayor has recommended the appointment of an individual as the Provo City Engineer. The name has been presented to the Council and the Council has been asked to approve the resolution granting their advice and consent. Approved 5:0, with David Harding and David Shipley excused. - A resolution consenting to the mayor’s appointment of the Chief of Police for Provo City. (21-111)
The Mayor has recommended the appointment of an individual as the Provo City Police Chief. The name has been presented to the Council and the Council has been asked to approve the resolution granting their advice and consent. Approved 5:0, with David Harding and David Shipley excused. - An Ordinance granting Teleport Communications America, LLC a nonexclusive franchise to operate a telecommunications network in Provo City, Utah. (21-057)
Provo City and Teleport Communications have come to terms on an updated Franchise Agreement. Pursuant to Provo City Code, “[n]o franchise contract shall take effect until it has been approved by the Municipal Council.” 5.03.020 (5). The prior Teleport Communications franchise agreement had expired and this will replace the old one. This agreement largely follows the approved template which only differs in one material respect by removing the fiber dedication provision, which the administration has agreed will not be necessary in this instance. - An ordinance amending the Provo City Rate Schedule to set electric service rates for distribution Voltage Pilot Optional Time-Of-Use (TOU) and Shared Solar in Provo City, Utah. (21-109)
Shared Solar is a community solar project built in Spanish Fork to provide residents the opportunity to purchase solar power and lock in the generation cost without the capital outlay required when purchasing solar for the rooftop. This also allows residents who are not able to purchase solar for their homes because of circumstances beyond their control such as HOA covenants, renting or roof issues to purchase a slice of renewable generation.
Time of Use (TOU) rates allow customers to shift the time they use energy from the peak in the City from 3:00 pm to 8:00 pm. By shaving the peak, the City will pay less for the power and the savings will be given back to the customer. The customer will need to be diligent in not using energy during the peak time of the day in order to save money on their bill. In addition, we have added an electric vehicle charging rate for those who would like to save money when charging their vehicle from midnight to 8:00 am in the morning. - A resolution to approve a real estate purchase contract between Redevelopment Agency of Provo City and Evkell, LLC for the sale of property at approximately 1000 West Center Street for a commercial development. (21-116)
EVKELL, LLC owns and operates Red Mountain, a floral distributor which is located at 1109 West 100 South, Provo. They have outgrown their current location and want to build a larger distribution building with a retail component. Provo City and the Redevelopment Agency own property at approximately 1000 West Center which would be a good location for the expansion of their business. EVKELL, LLC has agreed to work with Provo City representatives in creating a building that will be a nice addition to the entrance into Provo. Approved 5:0, with David Harding and David Shipley excused. - A resolution to approve a real estate purchase contract between Provo City and Evkell, LLC for the sale of property at approximately 1000 West Center Street for a commercial development. (21-116)
Same as agenda item 5, but being voted on for Provo City approval. Approved 5:0, with David Harding and David Shipley excused. - An ordinance amending Provo City Code Chapter 6.06. establishing nighttime brightness standards and zones. (19-102)
As Electronic Digital Signs become more widely used by businesses to advertise their services, there exists a potential for the light illuminating from these signs to cause a public nuisance, especially when those businesses are close to residential neighborhoods. The Sign Committee has been working with local sign companies and national standards that have been adopted by other jurisdictions to create a nighttime brightness standard to minimize the impacts of the light emitted from Electronic Digital Signs in areas in and around residential neighborhoods. Continued. - An ordinance amending Provo City Code to allow Accessory Dwelling Units (ADUs) in the Agricultural (A1), Residential Agricultural (RA), and Residential (R1) Zones and to refine the development standards for ADUs. Citywide Application. (PLOTA20210345)
This was item 2 on the work meeting agenda. Continued.
Opening Ceremony
Public Comment
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