Council Meetings - 14 December 2021

This will be my last set of Council meetings. People keep asking me how it feels, but I've been too busy to even think about it. I'll have plenty of time afterward to reflect. In the meantime, there is always more to be done.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 pm, Tuesday, December 14, 2021

Business

1. A presentation regarding the complete revision of the Provo General Plan to guide growth and development for the next 10 to 20 years in Provo. Citywide application. (PLGPA20210364)
   A general plan is a visioning document that sets long-range goals and plans for how a city will grow over the next 10-20 years. It helps guide citywide policy decisions and priorities and inspires a city to look toward the future. General plans are also required by state statute, and this proposal meets the current requirements. City staff and DesignWorkshop (consultants) worked closely with residents to reflect their varied visions of how Provo can reach its potential and become a better place to live, work, and recreate for everyone who chooses to come here. This item was heard in the Planning Commission Study Session on November 10 and approved by the Planning Commission at the meeting on December 8, 2021. I think the draft has improved significantly, but I'm still not comfortable with it. And I haven't taken as much time to review it and make suggestions as I think a document of this importance deserves. I noticed that the actual vote had been continued on the evening meeting, which means I won't get to participate in the final vote, but it also means that there will be more time to review and hopefully improve the document. Presentation only. I'm glad that we did not try to pass this in the evening. It is so important and needs more public review and buy-in. George Handley and I were asked by the rest of the Council to draft a new Vision Statement that better captures Provo and who we want to become.
2. A presentation from BYU Provo Lab regarding a school project researching Provo City Gateways. (21-117)
   The Community and Neighborhood Services Department worked with a BYU class for several fall semesters on various planning projects. This fall the class was tasked with researching five Provo City gateways. Students visited and studied their gateways and will provide context for gateways and address some problematic themes and suggestions for improvements to forward to consultants for a gateways plan in 2022. The report is very well done and looks very professional. Presentation only. I was impressed by the work done by these students. It will help move along the gateways master plan.
3. A presentation regarding the recommendations from TMAC for Center Street evaluation criteria. (21-118)
   Council requested the Transportation and Mobility Advisory Committee create criteria to evaluate future projects and developments along Center Street. The committee has spent the past year on this and would like to present this to Council. This is really exciting to see this return to the Council. This effort will help Center Street evolve into an even better destination and draw for our city. A motion to thank TMAC for efforts in preparing this framework and request that Public Works staff prepare a cohesive plan including timing about how to move forward using these ideas and this framework, was approved 7:0. Great work by TMAC. I hope we can make steady progress on treating Center Street like a destination that people want to be and not just a thoroughfare.
4. A presentation regarding the proposed dredging and development of Utah Lake. (21-122)
   The Utah Lake Restoration Project, started by Lake Restoration Solutions LLC, proposes to dredge part of Utah Lake to then create islands which would become home to new communities. According to the plan, this private development would pay for the lake’s ecological restoration. There are concerns about environmental impacts that this proposed project would have on the lake’s ecosystem. The island idea is a huge, bold proposal. However, I have significant concerns about it. A motion that Councilors George Handley and Shannon Ellsworth draft a resolution regarding the development of Utah Lake, to circulate the draft among the Council and Administration to find common ground, and schedule the resolution on January 4, 2022 for discussion and a vote (including the two new Councilors), was approved 7:0. Did you know that algal blooms in Utah Lake have been getting better each year? I didn't. The lake is such a vital part of the valley that we need to ensure we aren't making any foolish decisions. And laying out islands to make pictures for passing airplanes is just tacky.



Policy Items Referred from the Planning Commission

5. An ordinance adopting Provo City Code Title 15.23 to adopt policies and procedures for the dedication of private streets and utilities. Citywide Application. (PLOTA20210360)
   The City has recently received multiple requests from owners (mainly HOAs) of private roads in Provo that their streets and/or utilities be converted to public ownership. However, the City Code does not currently have a procedure in place for accomplishing this, nor does it list factors to consider when evaluating such a request. The proposed ordinance achieves both objectives. It creates a new Chapter with three Sections. Planning Commission recommended approval. My overarching criterion for whether the financial liability of private streets should be taken on by the City is if doing so is in the public's interest. I believe some of these streets were built private because, at the time, the City was not willing to build such a street under such conditions. But the developers wanted to go forward anyway, and so they chose to go the private route. I'm skeptical that it is in the City's best interest to take on the liability and responsibility now. I like how the proposal chapter is written and feel that it does protect the interests of the public, as long as the Council at the time keeps those interests in mind. Presentation only. This item was already scheduled for the Council Meeting on December 14, 2021. I see little chance that any conversion of infrastructure from private to public is in the best interest of the broader community. But I concede that this proposal creates a good framework for systematically evaluating such proposals.
6. An ordinance amending the Zone Map Classification of approximately 4.5 acres of real property, generally located at 1988 N Cove Point Ln, from Residential Conservation (RC) to Medium Density Residential (MDR) Zone. Grandview North Neighborhood (PLRZ20210331)
   The subject property comprises two (2) parcels with a combined acreage of approximately 4.5 acres. It lies in the RC (Residential Conservation) Zone— between State Street and Columbia Lane—on the northern border of the City with Orem. Single-family residences lie to the northeast and southwest of the development. A city water tank lies to the north, while professional offices lie to the southeast. There is a mix of zoning designations adjacent to the subject property. The lands to the northwest and northeast lie in the RC Zone. The adjacent property in Orem City is the R6.5 (Residential, 6500 SF lots) Zone with ASH (Affordable Senior Housing) Overlay Zone. Land to the south and west lies in the R1.8 and R1.10 Zones. The CG (General Commercial) lies southeast of Cove Point. Staff recommends denial. The Planning Commission recommends denial. After reading through the materials, I am not convinced that the request rezone is appropriate. This item was not heard.
7. 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)
   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. This is the big one. I strongly believe that ADUs are the best tool for addressing the housing affordability crisis and will strengthen and stabilize our neighborhoods by allowing families to compete against institutional investors for existing homes. These advantages are best applied across the City, except in areas where the specific conditions make ADUs inappropriate. A motion to discuss prohibiting ADUs in some portion of the city was approved 7:0. A series of other motions were made during the discussion but only the last substitute motion to recess to Closed Meeting received a vote, which was approved 7:0. See my report for item 15 in 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.



Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, December 14, 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 recognizing the Fall 2021 Provology participants. (21-120)
   Presentation only. This is a great program for citizens who want to better understand how the City government functions. I highly recommend taking it. Congrats to the latest batch of graduates.
2. A presentation recognizing Council Leadership and retiring Council Members. (21-123)
   Presentation only. It was nice to be recognized. I should have expected it, but I was surprised when I was asked to say a few words in parting. I wish I were more eloquent -- it was pretty painful for everyone. Oh well.




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. All of these items have been discussed in detail in past meetings.
3. A resolution adopting the Provo City Parks and Recreation Master Plan Update. (21-046)
   
4. A resolution approving the Wildlife Hazard Mitigation Agreement related to the Provo River Delta Restoration Project. (21-083)
   
5. A resolution authorizing the Mayor to sign lease agreements with Intermountain Golf Cars Inc. and Club Car Connect for 70 golf carts and accessories. (21-081)
   
   
   

   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 871 4857 6574 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 395819.
   
   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

6. A resolution consenting to the appointment of individuals to Provo Housing Authority. (21-002)
   The Mayor has recommended the appointments of Eric Speckhard and Christian Faulconer to the Provo Housing Authority Board. The names have been presented to the Council and the Council has been asked to approve the resolution granting their advice and consent. I support the appointment of these individuals. They are both particularly well suited to serve on the Housing Authority Board. Approved 6:1, with Shannon Ellsworth opposed. They will be strong additions to the PHA Board.
7. A resolution reappointment Bob Conner as Provo City Constable to serve a four-year term. (20-121)
   Bob Conner started All Pro Security in 2006 after retiring from police work for 33 years. During his time on the force, he worked in all facets of law enforcement, including patrol, investigations, training, media relations and many supervisory positions. His last few assignments were as a Division Commander (Captain) over the Patrol Division and later the Support Services Division. Bob graduated from the F.B.I. Academy in 2001 along with obtaining a Degree in Criminal Justice from BYU. Bob has also been awarded the Patriot Award by the Employer Support of the Guard and Reserve for his support for Citizen Warriors. I am comfortable with this reappointment, based, in part, on the recommendations of the City employees who have worked with Mr. Conner. Approved 7:0. I had no concerns.
8. A presentation of the Comprehensive Annual Financial Report. (21-119)
   This is the annual presentation of this report based on the 2020-2021 Fiscal Year, prepared following the completion of Provo City’s annual audit. I have not taken the time to review this dense, 139-page document, but I look forward to doing so. Presentation only. Provo continues to be recognized for exceeding the highest standards for transparency and accountability in financial reporting.
9. A resolution appropriating $723,939 in the Police Department in the General Fund for police payroll adjustments. (21-110)
   Over the last several months, law enforcement agencies across Utah have been significantly increasing their compensation programs for police officers in an effort to more effectively recruit and retain officers. Recruiting and retention of officers has become quite challenging due to fewer aspiring police officers entering the field of law enforcement, the very tight labor market and low unemployment rates, and declining morale among officers in general due to changing societal attitudes toward the law enforcement profession. As Provo has begun to experience recruiting and retention challenges, City staff undertook a special market analysis and discovered that the City is less competitive in police compensation than we were just a few months ago. An appropriation is being requested to make changes to the City’s compensation structure for police officers to address the imbalance. A shortage of willing, capable, and qualified police officers has drastically increased the going rate for officer salary. It has been dizzying to see how quickly the market has jumped. But, as painful as these adjustments are, I do believe they are necessary. Approved 7:0. These adjustments are painful for the budget, but are necessary.
10. A resolution appropriating $199,165 in the Fire Department in the General Fund for a Fire Wildland Urban Interface 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. The need is there, and the funding comes from the net proceeds from our firefighters assisting with wildland fires around the country. Based on these two facts, I support the request. Approved 7:0. It costs Provo Fire less than the reimbursement rate to send personnel to fight wildland fires around the country in the summertime. They requested that the net proceeds be used to make Provo safer from wildland fires. I'm happy to approve.
11. 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 more safe, controlled ways. As such, the 2021 firework season was a success for the city. To set the city up for success again regarding firework use and to align city code with current state statute, this ordinance is proposed to make some changes about Discharge Restricted Areas and revisions to match state laws. It's not clear which parts of the ordinance are to "set the city up for success" and which parts are to align our "code with current state statute". Approved 7:0. The new ordinance refers directly to the State Statute, so it will automatically be updated as the State Statute is updated.
12. An ordinance amending Provo City Code Chapter 6.06. establishing nighttime brightness standards and zones. (19-102)
    This was continued from the November 30 meeting. 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. I support the Committee's recommendation and believe we should implement the proposal. However, I also have a hard time not taking the industry's representative's offer to walk around with a NIT gun and see for myself what these light levels feel like at night. Approved 7:0. This will ease compliance and enforcement.
13. An ordinance adopting Provo City Code Title 15.23 to adopt policies and procedures for the dedication of private streets and utilities. Citywide Application. (PLOTA20210360)
    I support the Committee's recommendation and believe we should implement the proposal. However, I also have a hard time not taking the industry's representative's offer to walk around with a NIT gun and see for myself what these light levels feel like at night. This was item 5 on the work meeting agenda. This item was continued to a future meeting.
14. An ordinance amending the Zone Map Classification of approx. 4.5 acres of real property, generally located at 1988 N Cove Point Ln, from Residential Conservation (RC) to Medium Density Residential (MDR) Zone. Grandview North Neighborhood (PLRZ20210331)
    See my preview for item 5 in the work meeting. This was item 6 on the work meeting agenda. A motion to replace the ordinance in the implied motion with a version of the ordinance which designated the area for ADUs and to refer the issue to a Council committee was approved 5:2, with David Harding and Shannon Ellsworth opposed. A motion revising the ordinance referred to by the implied motion to change the occupancy of an ADU from three to two unrelated adults was approved 5:2, with David Shipley and Shannon Ellsworth opposed. The implied motion was then approved 5:2, with David Harding and Shannon Ellsworth opposed. I'm disappointed with this outcome. The Council chose the option designed to do as little as possible. ADUs must be allowed in at least 33% of the residential areas of Provo (most cities in Utah have to allow it in 75%). To reach that threshold, the residential zones with no single-family homes (SFD homes is where ADUs can be built) were selected for inclusion to hit the threshold, even though it will have no impact. The Council committed to creating a committee to create a plan to expand ADU access in the future, but I don't have much confidence that it will actually happen.
15. 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)
    See my preview for item 6 in the work meeting. This was item 7 on the work meeting agenda.
16. ***CONTINUED*** Community and Neighborhood Services requests a complete revision of the Provo General Plan to guide growth and development for the next 10 to 20 years in Provo. Citywide application PLGPA20210364
    This item was not ready to be heard.
17. ***CONTINUED*** Community and Neighborhood Services requests a General Plan Amendment to clarify the existing Westside Development Policies and Future Land Use Map with a Southwest Plan Intent Statement. Citywide. PLGPA20210242
    This item was continued by the Planning Commission.




Adjournment