What's Up? - 12 September 2017

Background information on the agenda items is given in the meeting's preview. This meeting report focuses on the thinking behind the votes.

As always, the documents are all available to the public. Click here for more information on how to access them.

What Was Up?

COUNCIL WORK MEETING

12:00 Noon, Tuesday, August 8th, City Conference Room, 351 West Center

1. A discussion on a conservation easement for Rock Canyon
   Presentation only.
   There appears to be a general consensus that a conservation easement is appropriate, given the private donations which contributed to the purchase. There are just some details to work out on the right level of conservation.
2. A discussion on the Economic Development Department's efforts in workforce development, startups, and women, minority and underserved populations
   Presentation only.
   It was a good tour of the many entrepreneurial efforts in our city and how the City can help foster the right conditions and encourage the process.
3. An update on the General Plan review
   Presentation only.
   Work is carrying on behind the scenes of this project.
4. A discussion on fee updates for Stormwater, Wastewater, Utility Transportation Fund, and the Fire Department
   Presentation only.
   Overall, the fees are aligned with the costs to provide the services, but some adjustments are warranted.
5. A discussion on the Stormwater Fee Schedule
   A motion to continue this discussion at the September 19, 2017 Work Meeting was approved 6:0, with Council member Kay Van Buren excused.
   Due to my objection to the step-wise fees, the Council chose to continue this item to the next meeting and Public Works will propose a different fee structure.
6. A presentation and discussion on Budgeting for Outcomes
   Presentation only.
   I think everyone is on board with improving our overall use of performance metrics to evaluate the effectiveness of our programs. I believe Provo360, a unified computer platform now coming online, will help with this immeasurably. How fully we implement some sort of performance-based budgeting strategy may depend on many things, including the eagerness of the incoming administration.
7. A discussion on the Zoning Committee's recommendation to amend Provo City Code 6.26.150
   Presentation only. This item will be scheduled for a first hearing at the September 19, 2017 Council Meeting and a second hearing and vote at the October 3, 2017 Council Meeting.
   There was a general consensus from all the stake holders participating in the Zoning Committee that this proposal would be helpful. The apartment owners association said that it is a best practice for landlords anyway. This should help protect tenants who have borne the brunt of zoning enforcement in over-occupancy cases. The association of Realtors clarified that they support replacing the zoning disclosure requirement with this requirement, but I see those as separate issues. I received a number of letters from young, single professionals with concerns about the proposal. In discussing their concerns, I felt that there were frustrations much deeper than just with this proposal. In response to this, Dave Sewell and I are holding a Town Hall Meeting for young single professionals this Wednesday, September 13th, at the Provo Rec Center from 7pm to 9pm. All are invited, but the evening will be focused on hearing from this demographic and trying to increase understanding.
8. A discussion on the Council's goals concerning minimum unit size requirements
   Discussion only.
   Community Development wanted to better understand our desired outcomes from the minimum unit size ordinance we passed a couple months ago. The Council had discussed the preponderance of single bedroom units going in Downtown. Community Development suggested that if that is the factor that we are concerned about, we might get better results from limited the proportion of single bedroom units, rather than unit size.
9. A discussion on possible code changes regarding signage
   Discussion only. This item will be brought back for another discussion at the September 19, 2017 Work Meeting.
   The thought behind this is that an appropriately used electronic sign is no more obtrusive than a backlit sign. This proposal would allow static (no animations, changing no more often than 8 seconds 3 times a day [thanks for the catch, Dave Sewell]) electronic signs to be used anywhere that backlit signs are currently allowed. In general, I agree, though I'm not sure I'm comfortable with signs switching every 8 seconds.
10. A discussion involving the Utah Municipal Power Agency (UMPA) and the Hunter Power Plant Assignment
    Presentation only. This item is scheduled for the September 19, 2017 Council Meeting.
    I consider this a simple correction of an oversight.
11. A discussion on funding and appropriations related to an airport improvement project including issuance of sales tax revenue bonds, execution of a Tax Increment Pledge Agreement and development agreement by the Redevelopment Agency, and a resolution appropriating $11,529,568 in the Airport Fund for infrastructure improvements
    Presentation only. This item was already scheduled for the August 29, 2017 Council Meeting.
    We went through the details of the funding and appropriations. This will be the fulfillment of many committments previously made.
12. LaVorn Sparks requests an Ordinance Amendment to Section 14.17.020 to add to Conditional Uses SLU #4603 Long-term Vehicle Storage including autos, trucks, and boats (on unimproved lots when non-contiguous to residential zones) within Public Facilities Zones. Citywide impact.
    Presentation only. This item is scheduled for the September 19, 2017 Council Meeting.
13. Closed Meeting
    A closed meeting was held.

COUNCIL MEETING

5:30 PM, Tuesday, August 8th, Council Chambers, 351 West Center

1. A resolution of the Provo City Municipal Council and Mayor sitting as The Board of Canvassers accepting the election returns and declaring and certifying the results of the municipal primary elections held in Provo, Utah on August 15, 2017.
   Approved 7:0, with Council member Kay Van Buren excused.
   The 7:0 count with one excused is because the Mayor also sits on the Board of Canvassers. The City-Wide I Council race was close enough to allow the third place finisher to call for a recount. The recount was completed a week later and the order did not change, but 150 previously untallied ballots were discovered. The County has asked for more time to get to the bottom of what happened. I'll post here when we get more news.

1. A presentation from the Provo Bicycle Committee of the Golden Spoke Award to the Police Department's Bike Patrol.
   Presentation only.
2. An introduction of the new Provo Bay Neighborhood Chair
   Presentation only.
   Public Comment
3. A resolution authorizing the issuance and sale of up to $6 million aggregate principal amount of sales tax revenue bonds for the purpose of financing certain airport infrastructure facilities; and related matters.
   Approved 6:0, with Council member Kay Van Buren excused.
4. A resolution appropriating $11,529,568 in the Airport Fund, Airport Improvement Project Division for funding infrastructure improvements to the airport applying to the fiscal year ending June 30, 2018.
   Approved 6:0, with Council member Kay Van Buren excused.
5. A resolution authorizing the execution and delivery of a Tax Increment Pledge Agreement and a development agreement relating to the construction and financing of certain airport infrastructure facilities; and related matters.
   A motion to continue this item to the September 19, 2017 Council Meeting was approved 6:0, with Council member Kay Van Buren excused.
   Items 3-5 are all related to the infrastructure and incentive package worked out with Duncan Aviation as part of their expansion at the Provo Airport.
6. A resolution approving an Environmental Assessment and a proposed Land and Water Conservation Fund Property Conversion.
   Approved as amended 6:0, with Council member Kay Van Buren excused.
   Some land was purchased almost 40 years ago using money from a federal program. Five years ago it was disposed of, but not following the requirements of the federal program. This oversight wasn't noticed until recently. This assessment considers the proposed action to remedy the situation. A parklet is proposed at roughly 300 N and 2950 W, on the banks of the Provo River.
7. A resolution authorizing the mayor to approve an application for a Byrne Justice Assistance Grant and to execute an interlocal cooperation agreement with Utah County relating to the 2017 Byrne Justice Assistance Grant program.
   Approved 6:0, with Council member Kay Van Buren excused.The grant will be used to help replace aging tasers. Why do we need to enter into an interlocal agreement if the County is not getting any of the grant? It is required to show that the County won't be given any portion of the grant.
8. An ordinance granting Mobilitie a nonexclusive franchise in order for it to operate a telecommunications network in Provo City, Utah.
   Approved 6:0, with Council member Kay Van Buren excused.This is mainly a standard contract that we have entered into with a number of companies.
9. An ordinance amending Provo City Code to make city noticing requirements consistent with State law. Citywide impact.
   Approved 6:0, with Council member Kay Van Buren excused.
10. An ordinance amending the zone map classification of approximately 58.6 acres of real property, generally located at 1500 South State Street, from Light Manufacturing (M-1) to One-Family Residential (R1.10). Spring Creek Neighborhood.
    Approved 6:0, with Council member Kay Van Buren excused.
    We first heard this proposal at a Council Meeting six weeks ago. This rezone is an important step in implementing the new Southeast Area Master Plan. It is a bold move, and one that had some property owners in the area concerned. During the 6-week period between meetings, property owners had the opportunity to research what the proposal would mean and the tone was very different in this meeting.
11. An ordinance amending Provo City Code Section 14.20.160 to increase the size of signs permitted in the Regional Shopping Center (SC3) zone. Citywide impact.
    Approved 6:0, with Council member Kay Van Buren excused.
    This change will accommodate the sign upgrades that Provo Towne Centre mall is planning.
12. An ordinance amending Provo City Code to eliminate the façade step-back for buildings in the General Downtown (DT1) zone. Downtown Neighborhood.
    Approved 4:2, with Council members David Harding and George Stewart opposed and Council member Kay Van Buren excused.
    The proposed mixed-use apartment building was touted as a 'bookend' on the historical stretch of Center Street. Since when are bookends twice as tall as the books they support? I was never convinced that the previous design standards which required floors above the third be set back far enough to maintain the historic feel of the Street.
13. An ordinance amending Provo City Code to reduce the average apartment square footage from 800 feet to 600 feet in the General Downtown (DT1) and Downtown Core (DT2) zones. Downtown Neighborhood.
    Approved as amended 5:1, with Council member George Stewart opposed and Council member Kay Van Buren excused.
    I would still prefer to give density bonuses for good designs, but these minimums are more conducive for the type of housing that will help our Downtown flourish.
14. An ordinance amending the Stormwater Service District Fee Schedule.
    This item was continued to the September 19, 2017 Work and Council Meetings as approved during the Work Meeting.
    See item 5 in the earlier meeting.

What's Up? - 29 August 2017

The morning of the Council meetings is nearly the least helpful time to publish a preview. The only time less helpful would be after the meetings. This past week I've been out of town for business meetings, so I've been writing this in airports and aboard trains. I had hoped to publish it last night but it didn't happen. I guess I'm trying to excuse the rough quality of what follows.

In an interesting development, yesterday afternoon Karen Tapahe, the Council's Public Relations Coordinator, published a "Citizen's Budget" on the Council Blog. I'm very excited at the possibility that I'll be able to rely on her work to format the agenda and give the background (typically what's in black and brown below) and I can focus on my thoughts and questions on the items (typically in blue). We'll see how this works out in the future.

As a reminder, the 'Public Docs - Howto' link above gives instructions on how to access all of the documents in the Council's meeting packet.

Black text comes from the agenda,
Blue text is my current comments,
Brown text comes from the support documents, and
Light blue text comes from past reports.

What's Coming Up?

COUNCIL WORK MEETING

12:00 Noon, Tuesday, Aug 29th, City Conference Room, 351 West Center

1. A discussion on a conservation easement for Rock Canyon
   At the work meeting on June 20th, 2017, Erik Davis from the Rock Canyon Preservation Alliance presented the idea of placing a conservation easement on Rock Canyon to preserve the property’s natural habitat in the future. Council members asked that representatives from the Rock Canyon Preservation Alliance return to a future work meeting with a draft of the conservation easement.I think the Conservation Easement is an interesting idea. There are some advantages of having a CE but also some disadvantages. The benefits are that we know that this area will be protected indefinitely, and would ensure fidelity to the (what I assume are the) expectations of the people who donated money towards the purchase of this property. The downside is that it limits the flexibility of future leaders of our community. A familiar phrase in the Council office is 'we can't bind future Councils'. We can plan, and we can signal our intent to future Councils, but in many cases, we can't legally bind them, and in most cases, it is poor governance to try. I feel that it is important to trust that future leaders will do the right thing and that they will be in a better position to weigh the situation then than we can predict what the situation will be. One other "nice" thing about the Easement is that it becomes a settled matter. Without it, there may be times when a future Council questions if it should be sold to the Forrest Service, but if we have the easement then it isn't even a question that would come up.
2. A discussion on the Economic Development Department's efforts in workforce development, startups, and women, minority and underserved populations
   This is the latest installment in the ongoing series from the Office of Economic Development
3. An update on the General Plan review
   The Council is working to update the City's General Plan. A lot of effort last year went into updating Vision 2030 to become Vision 2050. Now we are incorporating Vision 2050 into the General Plan. The Council Office is working to align all of these documents.
4. A discussion on fee updates for Stormwater, Wastewater, Utility Transportation Fund, and the Fire Department
   Council staff have been meeting with Administrative staff to compare City fees to the cost of providing City services. The fees and services most recently reviewed are tied to Stormwater, Wastewater, the Utility Transportation Fund, and the Fire Department. In addition, Council staff have compared Provo’s fees to other cities’ fees. 
   Stormwater and Wastewater, like other utilities, are on a five-year plan of rate increases which should put us on a sustainable path, where we are paying enough to keep up with the maintenance of the system. The UTF was done as a five-year program, and it is now time to start looking at whether it should be continued. The Fire Department is mostly funded out of our General Fund, not fees. There are some long term needs that aren't in the funding plan that we need to address. 
5. A discussion on the Stormwater Fee Schedule
   An intended new fee for Stormwater pollution protection plans (SWPPP) was accidentally excluded from the Stormwater Service District Fee Schedule that the Council (acting as the Stormwater Service District) passed in June 2017. As a result, Public Works has asked that the Council add the new fee to the Stormwater Service District Fee Schedule, as shown below.
   
   SWPPP Inspection Fees SWPPP

   <= 1 Acre	$100.00
   >1 Acre and <= 5 Acres	$200.00
   >5 Acres and <= 20 Acres	$400.00
   >20 Acres	$500.00

   Re-Inspection for Violations Fee $60.00 each
   This was intended to be in the main budget. It makes sense to the taxpayers of the City to have developers pay the cost of reviewing these plans. I'm not a big fan of the tiered fees, though. A 5.1 Acre inspection costs as much as a 19-acre inspection and twice as much as a 5-acre inspection. I understand why this is done, it makes for a small table and is easy to determine the cost of a review. But I think there are better approaches that are simple enough, for example, $20/acre + $80 base fee. Or $80 base fee, $20/acre up to 20 acres and $5 after that. 

   Acres	Proposal	Alternative 1	Alternative 2
   1	100	100	100
   2	200	120	120
   3	200	140	140
   5	200	180	180
   6	400	200	200
   10	400	280	280
   15	400	380	380
   20	400	480	480
   25	500	580	505
   35	500	780	555

6. A discussion on the Zoning Committee's recommendation to amend Provo City Code 6.26.150
   The Provo City Municipal Council previously adopted the Code Enforcement Strategic Plan as a guideline for increased enforcement of the City Code. Goal 2 of the Strategic Plan is to use enhanced regulation and enforcement of rental dwelling licenses to increase compliance among landlords with Provo City occupancy laws. The proposed addition to the City Code would seek to implement this goal.
   So far this item has generated the most feedback from the community. There is some question about who would be held responsible (the landlord or the tenant). This is a preliminary discussion with no vote scheduled, so it'll be a good time to find out more about it. In my mind, this would do more to protect the tenant. Often when enforcement is required, the tenant faces the brunt of the consequences as they are often are forced to leave. In the end, I believe this proposal would make it harder for everyone involved to claim, "I didn't know!"
7. A presentation and discussion on Budgeting for Outcomes
   At the June 20th, 2017 Council Meeting, the Council passed a resolution appropriating $50,000 to hire a “budget performance consultant” beginning in January 2018. The intent was that the consultant would “work with the Administration and Council to identify performance metrics that demonstrate the implementation or achievement of priorities.” Provo is not the first city to explore this concept. Over the past two decades, many cities across the U.S. have been implementing models that use performance measurements to link overarching City priorities and desired outcomes to the budget process. One common model is called “Budgeting for Outcomes.” At the request of Council members, staff has been researching Budgeting for Outcomes to formulate a clearer understanding of how Budgeting for Outcomes has helped other cities and what the model looks like.
   The description focuses mostly on performance metrics. BFO or other Priority Based Budgeting systems rely on performance metrics but are broader in scope. The main idea is to set the budget so money is allotted based on the strategic goals, and then measure how well funded projects acheived the goals.
8. A discussion on the Council's goals concerning minimum unit size requirements
   Recently, the City Council amended the ITOD and the Downtown zones to have a minimum square footage of 500 and an average square footage of 800. During deliberations for this ordinance amendment the minimum square footage for apartment buildings along from Sandy to Provo were considered by the Council. The amendment that was adopted represented a rough average of other apartment buildings, some of which were also in TOD zones.
   We've been grappling with this issue for a while now. What are the long-term impacts of these decisions?
9. A discussion on possible code changes regarding signage 
   Council Chair Dave Sewell has suggested that the Council update Title 14 in the City Code in reference to signs. Brian Jones will show the Council which sections of the Code would likely require changes that are in line with Mr. Sewell’s suggestions. If the Council would like to pursue the changes, Mr. Jones would eventually bring back a revised version of the Code for Council approval at a future meeting. 
10. A discussion involving the Utah Municipal Power Agency (UMPA) and the Hunter Power Plant Assignment
    UMPA has requested the transfer of the Hunter Power Plant assets from Provo City to UMPA as agreed upon in principle under the Power Sale Agreement dated January 1, 2016.
    The Department is proposing that the assets be transferred to fall in line with the agreements signed. Seems pretty straight forward to me, and in the City's interest. 
11. A discussion on funding and appropriations related to an airport improvement project including issuance of sales tax revenue bonds, execution of a Tax Increment Pledge Agreement and development agreement by the Redevelopment Agency, and a resolution appropriating $11,529,568 in the Airport Fund for infrastructure improvements
    See discussion in item #5 in the later meeting 
12. LaVorn Sparks requests an Ordinance Amendment to Section 14.17.020 to add to Conditional Uses SLU #4603 Long-term Vehicle Storage including autos, trucks, and boats (on unimproved lots when non-contiguous to residential zones) within Public Facilities Zones. Citywide impact.
    It is uncommon to have privately owned land within the Public Facilities Zone, and many of the uses called out as either permitted or conditional are more related to government or institutional ownership. As it is, there are only a limited number of privately owned properties and sites which might be included in a PF Zone and even fewer which might be developed for the use proposed in the amendment. Therefore, the consideration of appropriateness easily becomes site specific rather than a broader analysis for all of the properties within a PF zone. For years Mr. Sparks has looked for ways to obtain enough economic benefit from this property to at least pay the property taxes. Staff believes the additional land use allowance through the amendment, will not be burdensome on the City nor adjacent property owners and could be considered appropriate.
    My first question is, "Why keep it as Public Facilities at all?" I met with a representative of the applicant quite a while ago. I think it is better to use the lot unimproved so that there is a lower bar to develop it later into something better.
13. Closed Meeting 

COUNCIL MEETING

5:30 PM, Tuesday, Aug 29th, Council Chambers, 351 West Center

0. A resolution of the Provo City Municipal Council and Mayor sitting as The Board of Canvassers accepting the election returns and declaring and certifying the results of the municipal primary elections held in Provo, Utah on August 15, 2017.
   I'll save my thoughts on how this year's primary voting went for another post.
1. A presentation from the Provo Bicycle Committee of the Golden Spoke Award to the Police Department's Bike Patrol
2. An introduction of the new Provo Bay Neighborhood Chair
   
   Public Comment
3. A resolution authorizing the issuance and sale of up to $6 million aggregate principal amount of sales tax revenue bonds for the purpose of financing certain airport infrastructure facilities; and related matters.
   See item 5.
4. A resolution appropriating $11,529,568 in the Airport Fund, Airport Improvement Project Division for funding infrastructure improvements to the airport applying to the fiscal year ending June 30, 2018.
   See item 5.
5. A resolution authorizing the execution and delivery of a Tax Increment Pledge Agreement and a development agreement relating to the construction and financing of certain airport infrastructure facilities; and related matters.
   Many of these commitments were made by a previous Council. I feel a fairly strong obligation to live up to our commitments. I'd only vote against this if I strongly felt like it was not in the communities best interest, or if I felt there was a better way to fulfill our commitments. Fortunately, I do believe that the expansion of Duncan into the City will be a very good thing for the City overall and that the commitments made were reasonable and the programs used were exactly what the programs were for.
6. A resolution approving an Environmental Assessment and a proposed Land and Water Conservation Fund Property Conversion.
   Wow, those are some thick documents. Some land was purchased almost 40 years ago using money from a federal program. Five years ago it was disposed of, but not following the requirements of the federal program. This oversight wasn't noticed until recently. This assessment considers the proposed action to remedy the situation. A parklet is proposed at roughly 300 N and 2950 W, on the banks of the Provo River. I work for a company that designs and manufactures medical devices. Our President has stated that we aren't in the medical device business, but that we are in the document generation business. I thought that he was joking at first, but now, having European regulatory approval, and taking the first steps towards US approval, I realize that he was quite serious. Apparently, the government is also in the document generation business. You might be able to cover the whole plot of land that was traded if you were to lay out each sheet of paper in the document bundle.
7. A resolution authorizing the mayor to approve an application for a Byrne Justice Assistance Grant and to execute an interlocal cooperation agreement with Utah County relating to the 2017 Byrne Justice Assistance Grant program.
   The grant will be used to help replace aging tasers. Why do we need to enter into an interlocal agreement if the County is not getting any of the grant? I guess I'll find out in the meeting.
8. An ordinance granting Mobilitie a nonexclusive franchise in order for it to operate a telecommunications network in Provo City, Utah.
   Provo City and Mobilitie have come to terms on a 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 parties are seeking the Council’s approval for the agreement that they have reached.This is mainly a standard contract that we have entered into with a number of companies. This one is a little different, mostly in that it is a 10-year contract rather than a 5-year contract.
   This meeting's document packet is filled with a lot of legalese.
9. An ordinance amending Provo City Code to make city noticing requirements consistent with State law. Citywide impact.
   This brings our code into alignment with the State. We will no longer require more noticing than the state, but our practice will continue, and with new Council practice, will be enhanced.
10. An ordinance amending the zone map classification of approximately 58.6 acres of real property, generally located at 1500 South State Street, from Light Manufacturing (M-1) to One-Family Residential (R1.10). Spring Creek Neighborhood.
    There were some land owners who opposed the rezone. One, in particular, was just about to sell the land to someone who wanted to put in more storage units. For the City's and Neighborhood's vision for this area to be realized, we need to be fully committed and not allow new industrial uses to go in. While the discussion played out in the meeting, potential partnerships and agreements between developers and land owners were being explored. I applaud these conversations but I didn't think the Council Meeting was the best place for them to take place. I am confident that land owners and developers will be able to work out the details to move forward to redefine this area of Provo. I think we should have just moved forward with the rezone and allow the parties to work the rest out. But I was willing to support the continuance, as long as we eventually end up moving toward the community's vision.
    It will be interesting to hear if everything worked out.
11. An ordinance amending Provo City Code Section 14.20.160 to increase the size of signs permitted in the Regional Shopping Center (SC3) zone. Citywide impact.
    The PTC had a larger sign on University Ave, but it was taken down when the new hotel was going in. Instead of replacing it in a similar location, the proposal is for two smaller signs, which are located in the middle of the access roads, next to the turn lanes, to be replaced with larger electronic signs. As is the rules in other parts of the City, no motion video would be allowed, only static screens with at least a 8-second hold.
    
    I understand the Mall's desire for such signs. I do worry though that continuing down this path will make our City less enjoyable to live in in the future. Am I the only one who doesn't like being on certain sections of University Parkway north of the City because of the visual assault of some of the signs there?
12. An ordinance amending Provo City Code to eliminate the façade step-back for buildings in the General Downtown (DT1) zone. Downtown Neighborhood.
    I'm still not convinced that these setbacks are not an important part of our design standards.
13. An ordinance amending Provo City Code to reduce the average apartment square footage from 800 feet to 600 feet in the General Downtown (DT1) and Downtown Core (DT2) zones. Downtown Neighborhood.
    I think this development would be good for downtown and good for releaving some of the rental pressure off of our surrounding single family detached neighborhoods.
14. Stormwater Service District An ordinance amending the Stormwater Service District Fee Schedule.
    See Item 5 in the earlier meeting

What's Up? - August 10th, 2017

Black text comes from the agenda
Bold text describes the action taken
Blue text is my analysis

Background information on the agenda items is given more in the meetings preview. This meeting report focuses on the thinking behind the votes.

As always, the documents are all available to the public. Click here for more information on how to access them.

What Was Up?

COUNCIL WORK MEETING

12:00 Noon, Tuesday, August 8th, City Conference Room, 351 West Center

1. A discussion on an appropriation for an Impact Fee Facilities Plan and Impact Fee Analysis
   Presentation only. This item was already scheduled for the August 8, 2017 Council Meeting.
   Some members of the public had expressed concern about the necessity of this analysis as well as the process by which the contractor was selected. I feel like the Council asked the right questions regarding these concerns and I was satisfied with both the necessity of the project as well as the selection process. Take a look and see if you agree.
2. A discussion on a parameters resolution authorizing the issuance of up to $30 million of general obligation refunding bonds; and related matters
   Presentation only. This item was already scheduled for the August 8, 2017 Council Meeting.
   By refunding (think refinancing) the Rec Center bonds, we (the property taxpayers of Provo) will save $2.8M over 15 years. That translates to a $4/yr decrease on a median home.
3. A discussion on road funding
   Presentation only.
   I don't think we are fully funding our streets and sidewalks, but we are awfully close, and far better than just about every community around us. One tidbit that I found interesting, some roads are being maintained regularly to extend the time before they need to be completely repaved. Others have hit that point that they need to be repaved, so they won't be maintained, but the City is holding off as long as they can before repaving in order to save money. (Like I said, we aren't fully funding). This helps explain why some roads seem to be so neglected and others are well maintained. I also learned that the street engineers had a lot of turn over this past year and are still looking to hire one more person to get back to full strength. They have been stretched thin, which helps explain some of the difficulties I've heard from some of you about.
4. An update on Victim Services grants
   Presentation only.
   This presentation was both heartbreaking and encouraging. This division serves our community members who are going through the most difficult circumstances: unexpected deaths, suicides, domestic violence, sexual assault, abuse, etc. They directly serve more than 1% of our population, EACH YEAR. It's a sobering thought that there is so much suffering going on all around us. It is a good reminder to be kind to everyone you interact with. You never know what they may be dealing with.
5. A discussion with the Economic Development Department on retail incentives and retaining business
   Presentation only.
   Each time we discuss the topic of retail incentives, I can't help but think that our whole county would be better off if we entered into some sort of agreement or arrangement so that each city isn't competing against one another to see who will give the most away to a new business.
6. A discussion on parking
   Presentation only.
   The new Provo Parking Manager has been on the job for 2 months and is developing a plan to improve parking in Provo, starting with our Downtown. I appreciated Ms. Santiago's encouragement that we get going as soon as possible. We've been struggling with parking for too long. I am very optimistic that better days are on the horizon.
7. Provo City Community Development Department requests an Ordinance Amendment to Section 14.02.010 to make city noticing requirements consistent with state law. Citywide impact.
   Presentation only. This item will be scheduled for the August 29, 2017 Council Meeting.
   This item is in conjunction with item 8 and they were discussed together. This is the only component of the DAPR Committee's recommendation that would actually affect City Code. The rest are just changes to the Council's internal rules and standard operating procedures.
8. A discussion on the Development Approval Process Review Committee's recommendation on noticing land use items
   A substitute motion to approve the proposal as originally written was Approved 4:3, with Council members David Knecht, George Stewart, and Kim Santiago opposing.
   If you are a regular reader, you know how excited I am about this. It gives residents a more robust opportunity to engage with the Council on land use proposals that affect them, at the same time as reducing the time period between a recommendation from the Planning Commission and a final decision by the Council. It's a true win-win.
9. Scott Bowles requests an Ordinance Amendment to Section 14.20.160 to increase the size of signs permitted in the Regional Shopping Center (SC3) Zone. Citywide impact.
   Presentation only. This item will be scheduled for the August 29, 2017 Council Meeting.
   Last time we passed an ordinance allowing for a larger sign for Provo Towne Centre Mall on their freeway frontage. Now they are asking for much larger video signs on their University Ave frontage. I feel that multiple Councilmembers expressed unease at the proposal and asked for more information and wanted to understand the future impact of this decision.
10. McKay Christensen requests an Amendment to Section 14.21A.110 to eliminate the facade stepback for buildings in the General Downtown (DT1) Zone. Downtown Neighborhood.
    Presentation only. This item will be scheduled for the August 29, 2017 Council Meeting.
    Community Development Staff and the Planning Commission recommend this request. Community Development indicated that they think the requirement should be eliminated from all of Center Street. I pushed back a bit, telling them that I remember when the requirement was put into place and they did such a good job convincing me that it was important to maintain and improve the historic feel of Center Street that they would need to do a better job convincing me now that it isn't needed.
11. McKay Christensen requests an Ordinance Amendment to Section 14.21A.090 to reduce the average apartment square footage from 800 feet to 600 feet in the General Downtown (DT1) Zone. Downtown Neighborhood.
    Presentation only. This item will be scheduled for the August 29, 2017 Council Meeting.
    Some Councilmembers were surprised because we just recently added this new requirement. When we implemented it we were under an important deadline, and at least some Councilmembers felt like we needed to get something in place and then we could come back later and make finer level tweaks to it. This would be one such tweak.
12. Closed Meeting
    A closed meeting was held.

COUNCIL MEETING

5:30 PM, Tuesday, August 8th, Council Chambers, 351 West Center

1. A presentation of the Employee of the Month for August 2017
   Presentation only.
2. A presentation by the Covey Center on the play "Murder by the Book."
   Presentation only.
3. Public comment on the Provo River Land and Water Conservation Fund Property Conversion Draft Environmental Assessment
   Public comment only; this item is scheduled at the August 29, 2017 Council Meeting for a vote.
   The original land had been obtained with an eye toward routing the Provo River Trail along the river. But that plan was abandoned when too many other obstacles stood in the way. The Trail now runs along the University Ave Greenway. The replacement will be a wetlands interpretive park out towards the lake. I asked Parks and Rec to keep an eye out for opportunities to connect the park, on the south side of the river, to the popular Provo River Trail on the north side of the river.
4. A presentation on disaster preparedness and a resolution adopting the Mountainland Pre-Disaster Hazard Mitigation Plan.
   Approved 7:0.
5. An ordinance amending City Code to allow accessory dwelling units attached to an industrial use in the Manufacturing Park (MP) zone. Rivergrove Neighborhood.
   Approved 6:1, opposed by Council member David Harding.
   I love the concept. I generally support innovative housing arrangements and really wanted to support this live/work proposal. I could have supported this if it was located near downtown. I could have supported this if the applicant was willing to accept restricting the residential occupant to the owners or renters of the business space below, or their employees. But I just couldn't support this project in this location without those restrictions. It didn't matter because the rest of the Council was willing to approve it.
6. An ordinance amending Provo City Code regarding street-side yards on corner lots. Citywide impact.
   Approved 7:0.
7. An ordinance amending Provo City Code regarding patio roofs and their extension into a required setback. Citywide impact.
   Approved 7:0.
8. A resolution appropriating $111,650 in various funds for the funding of an Impact Fee Study for the fiscal year ending June 30, 2018.
   Approved 7:0.
   This item was heard in the afternoon meeting as agenda item 1.
9. Consideration of a parameters resolution authorizing the issuance of up to $30 million of general obligation refunding bonds; and related matters.
   Approved 7:0.
   This item was heard in the afternoon meeting as agenda item 2.

What's Up? - 5 August 2017

Here is my preview of the meetings coming up on next Tuesday. I'm excited to talk about parking. I'm hopeful that we'll make significant improvements to the development approval process. I'm having heart-burn over most of the land-use proposals.

As a reminder, the 'Public Docs - Howto' link above gives instructions on how to access all of the documents in the Council's meeting packet.

Black text comes from the agenda
Blue text is my current comments
Brown text comes from the support documents, and
Light blue text comes from my previous comments.

What's Coming Up?

COUNCIL WORK MEETING

12:00 Noon, Tuesday, Aug 8th, City Conference Room, 351 West Center

1. A discussion on an appropriation for an Impact Fee Facilities Plan and Impact Fee Analysis
   Impact fees are paid by developers to cover the development's impact on City infrastructure. Impact fees are regulated by State law and cities must go through a specific analysis when establishing or updating the fees. The administration is recommending to appropriate funds to develop an up-to-date and complete Impact Fee Facilities Plan (IFFP) and Impact Fee Analysis (IFA) for Energy, Water, Wastewater, Storm Drain, Roadways, Parks and Recreation and Public Safety. Through the standard proposal process, Zions Public Finance was selected to assist the City with the process. A total appropriation of $111,650 is proposed, of which $32,631 would come from the General Fund. The Energy Department's portion is all ready to go.
   I support the analysis of our current impact fees so we can ensure that the proper amount is being charged.
2. A discussion on refunding the Recreation Center General Obligation Bond
   After the bonding for the Rec Center was approved by voters, the City issued $39M in bonds. The present amount is now down to a little over  $34M. Up to $30M of this is being proposed to be refinanced. The estimated savings due to this refinance would be $2.8M over the 15-year life of the bond. At first glance, this looks like a 'no brainer'. I'm curious if there are extra up-front costs or if it all gets rolled into financed amount.
3. A discussion on road funding
   We will review past years' construction and maintenance levels and will discuss the proposed future projects.
4. An update on Victim Services grants
   The Provo Police Victim Services Division is mostly funded by local, State, and Federal grants. We are required to now provide the Council with two updates per year on the grants.
5. A discussion with the Economic Development Department on retail incentives and retaining business
   This is the latest installment of an ongoing series of presentations by the Office of Economic Development. The objective of this presentation is to: Inform Council Members regarding what Economic Development does in terms of providing incentives to retail and in retaining business.
6. A discussion on parking
   This is a discussion to introduce the interim direction and priorities of the Provo Parking Administration to the Municipal Council and seek their initial feedback.
   Provo City recently created the Parking Administrator position and hired Matt Taylor, former City Council Director, to overhaul the parking situation in the City. This will be the first presentation to the City Council as a whole. I am looking forward to the improvements that will be made as we devote significant focus and effort on our parking problems. Take a look at the draft Strategic Parking Managment Plan.
7. Provo City Community Development Department requests an Ordinance Amendment to Section 14.02.010 to make city noticing requirements consistent with state law. Citywide impact.
   The accompanying documents talk only about making the noticing requirements consistent with state law and eliminating confusion caused by different noticing requirements listed within the State Code and the Zoning Ordinance. They don't talk about what is actually being changed. This will be confirmed in the discussion, but, if I remember correctly, City noticing requirements went beyond State requirements, meaning the City required more noticing than the State. So with these changes, our practice could change to give shorter notice than before. I am glad that we will be discussing this item in conjunction with the next item.
8. A discussion on the Development Approval Process Review Committee's recommendation on noticing land use items
   We've been talking about these recommendations since March and have made a few tweaks. I'm hopeful that we will move forward with these recommendations. This is a rare opportunity where there are no downsides and only positives to a proposal. There will be longer noticing, and more robust opportunity for public input, and more opportunity for Council consideration, AND the approval process is simultaneously streamlined so developer gets a decision faster. Sound too good to be true? Check out the proposal. (Notice that the last paragraph on the second page is basically item 7 above.)
9. Scott Bowles requests an Ordinance Amendment to Section 14.20.160 to increase the size of signs permitted in the Regional Shopping Center (SC3) Zone. Citywide impact
   Provo Towne Centre Mall wants to put in larger signs on University Parkway. I see the obvious reasons why the Mall wants larger signs. I would like to discuss what the broader, longer-term impacts might be by allowing larger signs along this corridor. As I have written about other proposals, I want to understand why the City put the current regulations into place and if anything has changed to make the old regulations obsolete. Staff recommends it, the Planning Commission unanimously supports it. The only discussion point listed in their Report of Action is regarding sign brightness.
   
10. McKay Christensen requests an Amendment to Section 14.21A.110 to eliminate the facade stepback for buildings in the General Downtown (DT1) Zone. Downtown Neighborhood.
    In this case, I remember when the facade stepback was implemented. I remember what a great job Community Development did in advocating for the stepback, explaining why it was such an important component in preserving the historic feel of Provo's Center Street.
    Now Staff no longer feels it is important. I am very interested to learn why their position has changed. The Planning Commission voted to support this proposal 4 to 1. I have yet to be convinced that this is a good thing.
11. McKay Christensen requests an Ordinance Amendment to Section 14.21A.090 to reduce the average apartment square footage from 800 feet to 600 feet in the General Downtown (DT1) Zone. Downtown Neighborhood.
    I support this change. I believe that many who are looking to live Downtown would like to live in smaller apartments. If the market pushes towards larger units, this regulation doesn't prevent developers from building larger units. This project addresses many aspects of our vision for Downtown renewal. It is all market rate units and has ground floor commercial. Staff supports it and the Planning Commission unanimously recommends it.
12. Closed Meeting

COUNCIL MEETING

5:30 PM, Tuesday, Aug 8th, Council Chambers, 351 West Center

1. A presentation of the Employee of the Month for August 2017
2. A presentation by the Covey Center on the play "Murder by the Book."
   The show is playing for two more weekends, Thursday through Saturday.
   
   Public Comment
3. Public comment on the Provo River Land and Water Conservation Fund Property Conversion Draft Environmental Assessment
   The purpose of this proposal is to allow the public and City Council to provide comments about the Draft Environmental Assessment for the LWCF Property Conversion. Some land was purchased almost 40 years ago using money from a federal program. Five years ago it was disposed of, but not following the requirements of the federal program. This oversight wasn't noticed until recently. This assessment considers the proposed action to remedy the situation. A parklet is proposed at roughly 300 N and 2950 W, on the banks of the Provo River. Plans for this site include a looped trail, interpretive area for wetlands and sitting areas. 
4. A presentation on disaster preparedness and a resolution adopting the Mountainland Pre-Disaster Hazard Mitigation Plan.
   This was item 7 in our Work Meeting three weeks ago:
   The Hazard Mitigation Plan (HMP) is revised every five years. Mountainland Association of Governments (MAG) has recently revised the HMP with input for the multi-county jurisdictions included in the plan. MAG received a Federal Grant to review and revise the plan. The plan was reviewed and accepted by FEMA and all jurisdictions included in the plan are advised to adopt their portion of the plan.
   It a 46-page document summarizing the potential disasters we face in Utah County. Much of it focuses on our history of disasters and it has a little discussion about how to mitigate the potential damage we face in future disasters.
5. An ordinance amending City Code to allow accessory dwelling units attached to an industrial use in the Manufacturing Park (MP) zone. Rivergrove Neighborhood.
   This was item 10 in our Work Meeting three weeks ago. Here is what I said before the meeting: Community Development Staff, along with the Planning Commission, recommends approval of this proposal, but I'm struggling to understand its purpose, or even what is being requested. In one section it's talking about projects with ten or more units, in another, it states that only one unit is permitted per parcel. Is residential use really something we want to allow in a manufacturing park? I'm pretty open to living arrangements that others are interested in even if they don't interest me, but I'm having a hard time seeing the upside of having residential units in a manufacturing park. I've heard of people living in storage units, but I don't see that being in the communities interest either. I have a lot of questions on this one, including the 500' buffer which appears to make this effectively a spot-zone. I hope to understand this better after the presentation.
   Here is what I wrote afterward: This item is already scheduled for our first Council meeting in August. The vote was to change the proposal that we will be considering to have a soft 600 ft buffer as suggested by the Planning Commission, rather than the 500 ft soft buffer as originally proposed. (I call it soft because the Planning Commission will have the discretion to waive it.)
   I originally abstained from the vote, because I am uncomfortable with the whole proposal. But because there were only four Councilors there, it would not have passed without my vote and the only impact would be that we'd be starting with the 500 ft buffer at our Council Meeting.
   This site is located on a narrow strip of land, between the rail road tracks and Independence Ave. It is across the street from Independence High and Freedom Academy. It is isolated from any neighborhood (with a lower case "n"). There would be 30 small units for businesses, office and warehouse space, and roughly half of the units would have an attached residential unit on the top floor. So we are looking at roughly 15 residential units going into this area. The idea is for this to be a "live/work" arrangement. Allowing for a young entrepreneur to rent some space for their fledgling business and live on the premises.
   I am uncomfortable with the proposal because I fear it has the potential to become a sketchy area for people to live. There are no provisions in the proposal to require the residential renter to be the owner of the business renting the space below. It doesn't even have to be an employee. We already have code that allows "caretakers" to live on site at businesses, but they have to be bonified employees. We already hear stories of people living in storage units. It is easy to see why this is not a good thing for the community. I fear that as proposed, this project could become a half step up from that. This area is so isolated from any other residential area that I fear the renters would be cut off from the community.
   During the meeting, a staff member pushed back (which I appreciate; I think robust discussion is important) saying that if this project was built in the 'Startup District' (south of 300 S and north of the Front Runner station) that people would be lining up to live there. And I fully agree. This would be a great project for the Startup District. I am concerned, though, about it going in where it is currently being proposed.
   
   
   
   
   
6. An ordinance amending Provo City Code regarding street-side yards on corner lots. Citywide impact.
   Item 8 from the previous Work Meeting: This proposal would bring the side yard requirements for corner lots into harmony with the front lot requirements we recently adjusted. Originally there was an off-street parking component to the proposal, but that has been withdrawn for the time being. It is being proposed by Community Development and was unanimously recommended by the Planning Commission.
7. An ordinance amending Provo City Code regarding patio roofs and their extension into a required setback. Citywide impact.
   Item 9 from the previous Work Meeting: This proposal is also in response to the recently updated front and rear setback requirements. Patios are allowed to project into the setback area, but, with this proposed change, they can't get within 8 feet of the rear property line. This was also proposed by Community Development and was unanimously recommended by the Planning Commission.
8. A resolution appropriating $111,650 in various funds for the funding of an Impact Fee Study for the fiscal year ending June 30, 2018.
   This is item 1 from the Work Meeting earlier in the day.
9. A resolution authorizing a special bond election for the purpose of reworking the Recreation Center General Obligation Bond.
   This is item 2 from the Work Meeting earlier in the day.

What's Up? - July 24th, 2017

Black text comes from the agenda
Bold text describes the action taken
Blue text are my current comments
Brown text comes from the support documents
Light blue text comes from my previous comments.

Background information on the agenda items are given more in the meetings preview. This meeting report focuses on the thinking behind the votes.

As always, the documents are all available to the public. Click here for more information on how to access them.

What Was Up?

COUNCIL WORK MEETING

11:00 AM, Tuesday, July 18th, City Conference Room, 351 West Center

1. An introduction of a prospective Arts Council appointment
   Presentation only.
   Heather Jensen will make a great addition to our Arts Council. She is a BYU Art History Professor and has served on a number of Arts related boards during her career.
2. A discussion on an interlocal agreement with Utah County regarding the 2017 Municipal Election
   Presentation only. This item was already scheduled for the July 18, 2017 Council Meeting.
   Provo is contracting with Utah County to conduct the election this Fall. This agreement lays out all of the roles and responsibilities, and what we will pay them.
3. A presentation regarding the Economic Development Department's efforts to create jobs in Provo
   Presentation only.
   Part two in a series of presentations better familiarizing the Council with the roles and efforts of the Mayor's Office of Economic Development. The main thrust of this presentation is how the Office courts and responds to outside businesses looking to relocate or expand into new areas.
4. An update regarding recommended long-term sanitation rate changes
   Presentation only.
   This has been an ongoing policy discussion. We made an interim change as part of the new budget, but there was a desire to spend more time to consider longer term structural changes to our sanitation fees. A couple of the previously proposed options were dropped and a new one was added. The base fee would cover both the black and blue cans, and the green can could be added for a small monthly charge on the months when the cans are picked up. It's not my preferred option, but perhaps a middle ground option that most Councilors could support. I like that the complex discounts and "triple play" penalty are removed. It is a far simpler structure. (See item #5 in the 23 May What's Up? for a description of previously proposed options.)
5. A presentation by the Utah County Commission on the Utah County Resource Management Plan
   Presentation only.
   The County reached out to local governments with one last opportunity for feedback on the proposed Resource Management Plan. It looks at public land and facilities across the County and lays out the desired policies for all of them. It allows better coordination between public agencies for the management of the land and resources. It's a dense, 129-page documents. The table of contents lists these topics: Land Use; Economic Considerations; Agriculture; Air Quality; Canals + Ditches; Cultural, Historical, Paleontological, and Geological; Energy Resources; Fire Management; Fisheries; Floodplains + River Terraces; Forest Management; Irrigation; Land Access; Law Enforcement; Livestock + Grazing; Mineral Resources; Mining; Noxious Weeds; Predator Control; Recreation + Tourism; Riparian Areas; Threatened, Endangered, & Sensitive Species; Water Quality + Hydrology; Water Rights; Wetlands; Wild + Scenic Rivers; Wilderness Areas; Wildlife
   If you have a particular passion about one of these areas then I recommend reading that section of the plan. I applaud the County's efforts to produce this plan. I wasn't able to read through all of it, but from what I did read, it is well done.
6. A discussion with the Redevelopment Department
   Presentation only.
   Similar to the past presentations by the Water Division and the current presentations by the Office of Economic Development, the Redevelopment Agency is presenting their role and effort to the Council.
7. A presentation of the Pre-Disaster Hazard Mitigation Plan
   Presentation only. This item will be scheduled for the August 8, 2017 Council Meeting.
   There were no surprises in the presentation. Just a quick review of the latest update to the plan. This plan is required for jurisdictions to qualify for certain disaster relief if disasters do occur.
8. The Provo City Community Development Department requests an amendment to Subsection 14.10.080(3) regarding street-side yards on corner lots. City-Wide Impact.
   Presentation only.
   As advertised: This proposal would bring the side yard requirements for corner lots into harmony with the front lot requirements we recently adjusted...It is being proposed by Community Development and was unanimously recommended by the Planning Commission.
9. The Provo City Community Development Department requests an amendment to Chapter 14.06 and Subsection 14.10.090(4) regarding patio roofs and their extension into a required setback. City-Wide Impact.
   Presentation only.As advertised: Patios are allowed to project into the setback area, but, with this proposed change, they can't get within 8 feet of the rear property line. This was also proposed by Community Development and was unanimously recommended by the Planning Commission.
10. David Gardner requests an Ordinance Amendment to allow accessory dwelling units attached to an industrial use in the Manufacturing Park (MP) Zone. Rivergrove Neighborhood.
    A motion to adopt the staff recommendation for the draft of Provo City Code Section 14.26.020 (5)(f)(iii): “Accessory dwelling units shall not be permitted within 600 feet of a residential zone boundary unless approved by the Planning Commission as part of a Project Plan Application” was Approved 4:0, with Council members Kim Santiago, Gary Winterton, and Kay Van Buren excused. This item will be scheduled for the August 8, 2017 Council Meeting.
    This item is already scheduled for our first Council meeting in August. The vote was to change the proposal that we will be considering to have a soft 600 ft buffer as suggested by the Planning Commission, rather than the 500 ft soft buffer as originally proposed. (I call it soft because the Planning Commission will have the discretion to waive it.)
    I originally abstained from the vote, because I am uncomfortable with the whole proposal. But because there were only four Councilors there, it would not have passed without my vote and the only impact would be that we'd be starting with the 500 ft buffer at our Council Meeting.
    This site is located on a narrow strip of land, between the rail road tracks and Independence Ave. It is across the street from Independence High and Freedom Academy. It is isolated from any neighborhood (with a lower case "n"). There would be 30 small units for businesses, office and warehouse space, and roughly half of the units would have an attached residential unit on the top floor. So we are looking at roughly 15 residential units going into this area. The idea is for this to be a "live/work" arrangement. Allowing for a young entrepreneur to rent some space for their fledgling business and live on the premises.
    I am uncomfortable with the proposal because I fear it has the potential to become a sketchy area for people to live. There are no provisions in the proposal to require the residential renter to be the owner of the business renting the space below. It doesn't even have to be an employee. We already have code that allows "caretakers" to live on site at businesses, but they have to be bonified employees. We already hear stories of people living in storage units. It is easy to see why this is not a good thing for the community. I fear that as proposed, this project could become a half step up from that. This area is so isolated from any other residential area that I fear the renters would be cut off from the community.
    During the meeting, a staff member pushed back (which I appreciate; I think robust discussion is important) saying that if this project was built in the 'Startup District' (south of 300 S and north of the Front Runner station) that people would be lining up to live there. And I fully agree. This would be a great project for the Startup District. I am concerned, though, about it going in where it is currently being proposed.
    
    
    
    
    
11. Provo City Economic Development Department requests an amendment to Section 14.38.105(1) to increase the amount of signage permitted in a multi-tenant building in the Downtown, ITOD, Downtown Gateway, and West Gateway Zones. City-Wide Impact.
    Presentation only. This item was already scheduled for the July 18, 2017 Council Meeting.
    This item was heard at the end of the later meeting. Please see the description there.
12. Closed Meeting

COUNCIL MEETING

5:30 PM, Tuesday, July 18th, Council Chambers, 351 West Center

1. A presentation of the employee of the month for June 2017.
   Presentation only.
   Congratulations to Sharon Kuttler who serves as the Library Services Manager.
2. A presentation of the employee of the month for July 2017.
   Presentation only.
   Congratulations to Ralston Ramkissoon, Recreation Program Coordinator. It's pretty impressive that a part-time employee was nominated by his peers.
3. A presentation of the American Public Works Association-Utah Chapter Awards.
   Presentation only.The Utah Chapter of the American Public Works Association selected the Provo Westside Connector project as the Public Works Project of the Year. And recently retired Division Director for Public Services, Greg Beckstrom was awarded the Utah APWA Member of the Year Award.
   Consent Agenda
4. A resolution consenting to the appointment of individuals to various boards and commissions.
5. A resolution authorizing the mayor to approve an interlocal agreement with Utah County to conduct a vote-by-mail election for the Municipal Primary and General Elections to be held in Provo City on Tuesday, August 15, 2017 and Tuesday, November 7, 2017.
   An implied motion to approve the consent agenda was Approved 6:0, with Council member Gary Winterton excused.
   I've said it before, but it bears repeating, Provo is a better place to live, work, and play because of the efforts of many volunteers, including those who serve on our various boards and commissions. 

   Marc Liebman	Parks and Recreation Board	June 30, 2020
   Jeffrey Kahn	Provo Arts Council	June 30, 2020
   Heather Jensen	Provo Arts Council	June 30, 2020
   Jane Wise	Provo Arts Council	June 30, 2018
   Valerie Lee	Provo Housing Authority	June 30, 2021

   I believe there are other nominations in the works.
6. An ordinance amending the zone map classification of approximately 9.925 acres of real property, generally located along 690 South and 770 South, east of 1100 West, from One-family Residential (R1.7) to One-family Residential Accessory Apartment Overlay (R1.7A). Sunset Neighborhood.
   Denied 5:2, with Council members David Harding and David Sewell in favor.I was deeply torn by this proposal. I feel that accessory apartments have a role to play in our community. They can be particularly helpful when homes are designed and built with them (as opposed to homes that are split and converted). They have also brought problems into areas of the City. (See my in-depth discussion for item 6 in the 10 July What's Up?) I believe that we can have the benefits of accessories with out the negatives, but it will take vigilance by the neighbors and zoning enforcement by the City. I voted for this because it received support from the neighbors, a recommendation from Staff, and a unanimous recommendation from the Planning Commission. Several of the Commissioners live in areas of the City that have the 'A-Overlay' (like me) and haven't seen downsides (unlike me). It would have been more difficult if I had been a swing vote. I realized that this wasn't going to pass regardless of how I voted.
7. An ordinance amending Provo City Code Section 14.38.095 to allow for larger signage in certain areas of the Regional Shopping Center (SC3) Zone. East Bay Neighborhood.
   Approved 6:0, Council member Gary Winterton excused.
   This will only affect the Provo Towne Centre mall. Instead of two smaller signs, they want to combine the area and have one bigger sign. It is next to I-15 and shouldn't affect any residences.
8. An ordinance amending the zone map classification of approximately 59.7 acres of real property, generally located at 1560 South 1100 West, from Residential Agricultural (RA) and Agricultural (A1.5) to One-Family Residential Performance Development Overlay (R1.8 PD) and Neighborhood Shopping Center (SC-1). Sunset and Lakewood Neighborhoods.
   Denied 7:0.
   For all the reasons listed in the last What's Up? (agenda item #8, Council Meeting), I voted to deny the request to rezone.
9. An ordinance amending the zone map classification of approximately 2.5 acres of real property, generally located on the northeast and southeast corners of the intersection of 900 East And Center Street, from One-Family Residential (R1.6) and Residential Conservation (RC) to Medium Density Residential (MDR).
   Denied 7:0.
   The neighbors were against it. The Landmarks Commission was against it. Community Development Staff were against it. The Planning Commission was against it. And I agree that the proposed project doesn't fit into the character of the surrounding area. I look forward to the completion of the effort to write a design corridor for this section of Center Street so that we can more clearly communicate with potential developers interested in the area.
10. An ordinance amending Provo City Code to change the uses allowed in the Residential Conservation (RC) Zone. City-wide impact.
    Approved 7:0.
    Resturants and Professional Services (with some exceptions) were allowed in 'historic buildings' now they are only allowed in 'existing commercial buildings. Personal Services (with some exceptions) are now also allowed in 'exisiting commercial buildings'. This only applies to areas zoned 'Residential Conservation'.
11. An ordinance amending the zone map classification of approximately 58.6 acres of real property, generally located at 1500 South State Street, from Light Manufacturing (M-1) to One-Family Residential (R1.10). Spring Creek Neighborhood.
    A substitute motion to continue this item for 6 weeks was Approved 6:1, with Council member Kay Van Buren opposed.
    There were some land owners who opposed the rezone. One, in particular, was just about to sell the land to someone who wanted to put in more storage units. For the City's and Neighborhood's vision for this area to be realized, we need to be fully committed and not allow new industrial uses to go in. While the discussion played out in the meeting, potential partnerships and agreements between developers and land owners were being explored. I applaud these conversations but I didn't think the Council Meeting was the best place for them to take place. I am confident that land owners and developers will be able to work out the details to move forward to redefine this area of Provo. I think we should have just moved forward with the rezone and allow the parties to work the rest out. But I was willing to support the continuance, as long as we eventually end up moving toward the community's vision. 
12. An ordinance amending Provo City Code Section 14.38.105(1) to increase wall signage permitted in a multi-tenant building in Downtown, ITOD, Downtown Gateway, and West Gateway zones. City-wide Impact.
    Approved 4:2, with Council members Kim Santiago and David Harding opposed, and with Council member Gary Winterton abstaining.
    I was on the flip side of this item. I think we should have continued it to allow more study. I probably would have supported if we had more information about the consequences of approving or denying the proposal. 
    It is my understanding that this will only affect the Zions Bank and Wells Fargo buildings. At some point, the plan was to allow only one sign per building side facing a public street. Now there is already two signs on one side of one of the buildings and another business wants to put up a sign on the other building.
    I didn't comfortable voting to change the regulations without better understanding the consequences.

What's Up? - 17 July 2017

I have more colors than last time:
Black text comes from the agenda
Blue text are my current comments
Brown text comes from the support documents
Light blue text comes from my previous comments, and
Green text indicates a quote from someone else.

What's Coming Up?

COUNCIL WORK MEETING

1:00 PM, Tuesday, Jul 18th, City Conference Room, 351 West Center

1. An introduction of a prospective Arts Council appointment
   Continued from last time, we'll meet one more prospective appointee to the Arts Council.
2. A discussion on an inter-local agreement with Utah County regarding the 2017 Municipal Election
   Provo City and Utah County will be working together to administer a vote-by-mail election for the 2017 municipal elections. The interlocal agreement specifies the responsibilities for each entity. 
3. A presentation regarding the Economic Development Department's efforts to create jobs in Provo
   As a part in a series of ongoing presentations to better familiarize the Council with the purposes, goals, and work of the Economic Development Office, this presentation will focus on their efforts to create jobs.
4. An update regarding recommended long-term sanitation rate changes
   At the May 2, 2017 Work Meeting, the Council received a presentation from the Public Works regarding the Sanitation Fund. Council was informed of five options in which a proposed 10% rate increase in FY18 could be implemented. Sanitation makes money on the black cans, but loses money on the blue and green cans.
   Then, at the May 16, 2017 Work Meeting, Council asked Sanitation to return with a final recommendation regarding Sanitation fees. 
   No word on what their recommendation will be.
5. A presentation by the Utah County Commission on the Utah County Resource Management Plan
   The State requires all counties in Utah to produce a Resource Management Plan (RMP) by August 1, 2017. Utah County has been working on its RMP for approximately two years, and the County is getting close to approving a final version. There was an extensive public comment period last year, and many of the ideas provided by the public have been incorporated into the latest RMP draft. Commissioner Lee would like to give community leaders throughout Utah County one last chance to provide input as the County gets closer to finalizing its RMP.
   This is a 129-page document, and a fairly dense one at that. I'm only part way through it, but I don't want to hold up my "What's Up?" any longer. I'll finish reading it after I publish this.
6. A discussion with the Redevelopment Department
   The purpose of this item is to, "To help Council members better understand the Redevelopment Agency’s roles and objectives." Similar to past presentations by the Water Division and the current presentations by the Office of Economic Development.
7. A presentation of the Pre-Disaster Hazard Mitigation Plan
   The Hazard Mitigation Plan (HMP) is revised every five years. Mountainland Association of Governments (MAG) has recently revised the HMP with input for the multi-county jurisdictions included in the plan. MAG received a Federal Grant to review and revise the plan. The plan was reviewed and accepted by FEMA and all jurisdictions included in the plan are advised to adopt their portion of the plan.
   It a 46-page document summarizing the potential disasters we face in Utah County. Much of it focuses on our history of disasters and it has a little discussion about how to mitigate the potential damage we face in future disasters.
8. The Provo City Community Development Department requests an amendment to Subsection 14.10.080(3) regarding street-side yards on corner lots. City-Wide Impact.
   This proposal would bring the side yard requirements for corner lots into harmony with the front lot requirements we recently adjusted. Originally there was an off-street parking component to the proposal, but that has been withdrawn for the time being. It is being proposed by Community Development and was unanimously recommended by the Planning Commission.
9. The Provo City Community Development Department requests an amendment to Chapter 14.06 and Subsection 14.10.090(4) regarding patio roofs and their extension into a required setback. City-Wide Impact.
   This proposal is also in response to the recently updated front and rear setback requirements. Patios are allowed to project into the setback area, but, with this proposed change, they can't get within 8 feet of the rear property line. This was also proposed by Community Development and was unanimously recommended by the Planning Commission.
10. David Gardner requests an Ordinance Amendment to allow accessory dwelling units attached to an industrial use in the Manufacturing Park (MP) Zone. Rivergrove Neighborhood.
    Community Development Staff, along with the Planning Commission, recommends approval of this proposal, but I'm struggling to understand its purpose, or even what is being requested. In one section it's talking about projects with ten or more units, in another, it states that only one unit is permitted per parcel. Is residential use really something we want to allow in a manufacturing park? I'm pretty open to living arrangements that others are interested in even if they don't interest me, but I'm having a hard time seeing the upside of having residential units in a manufacturing park. I've heard of people living in storage units, but I don't see that being in the communities interest either. I have a lot of questions on this one, including the 500' buffer which appears to make this effectively a spot-zone. I hope to understand this better after the presentation.
11. Provo City Economic Development Department requests an amendment to Section 14.38.105(1) to increase the amount of signage permitted in a multi-tenant building in the Downtown, ITOD, Downtown Gateway, and West Gateway Zones. City-Wide Impact.
    There are interested parties wanting to advertise by using wall signs in downtown Provo. The current code does not provide for additional signage for larger buildings. This amendment was proposed to provide more wall signs for larger buildings in the Downtown.
    Why was this limitation implemented in the first place? What is the downside to allowing more wall signs? Is it really in the overall best interest of the Downtown community? I wonder if this is a case where a building already has a second sign installed and is now requesting a change to city ordinance to make it legal.

COUNCIL MEETING

5:30 PM, Tuesday, July 18th, Council Chambers, 351 West Center

1. A presentation of the employee of the month for June 2017.
2. A presentation of the employee of the month for July 2017.
   There is no further information in the Document Packet so we will be kept in suspense to see who is being recognized.
3. A presentation of the American Public Works Association-Utah Chapter Awards.
   The Utah Chapter of the American Public Works Association will present two awards. The Public Works Project of the Year award is being presented to the City for the Provo Westside Connector project and the Utah APWA Member of the Year Award is being presented to Greg Beckstrom. Congrats!
   
   Public Comment 
4. A resolution consenting to the appointment of individuals to various boards and commissions.
   Listed in the Document Packet are

   Marc Liebman	Parks and Recreation Board	June 30, 2020
   Jeffrey Kahn	Provo Arts Council	June 30, 2020
   Heather Jensen	Provo Arts Council	June 30, 2020
   Jane Wise	Provo Arts Council	June 30, 2018
   Valerie Lee	Provo Housing Authority	June 30, 2021
   Andrew Howard	Planning Commission	June 30, 2020
   Shannon Ellsworth	Planning Commission	June 30, 2020

   I believe there are a few other names that have been proposed. Perhaps they will be added before we vote in the evening.
   "I am continually impressed at the quality of individuals you recommend for these boards. It's wonderful that we have people like these in our community, and great that they can be identified and are willing to serve." Take a look at their introductions. Provo is a better place because so many great individuals are willing to serve their community.
5. A resolution authorizing the mayor to approve an interlocal agreement with Utah County to conduct a vote-by-mail election for the Municipal Primary and General Elections to be held in Provo City on Tuesday, August 15, 2017 and Tuesday, November 7, 2017.
   This will be discussed as item 2 in the Work Meeting. We've already committed to a Vote-by-Mail election this fall being run by the County. This would just formalize the agreement.
6. An ordinance amending the zone map classification of approximately 9.925 acres of real property, generally located along 690 South and 770 South, east of 1100 West, from One-family Residential (R1.7) to One-family Residential Accessory Apartment Overlay (R1.7A). Sunset Neighborhood.
   In my last "What's Up?" my most voluminous reaction was to this item before we heard it in the Work Meeting (item #6). I have fairly strong mixed feelings about this proposal. I voiced my unease and my concerns were shared by some of the other Councilors, but the discussion didn't help me resolve my conflicted feelings. I suppose we will hear from residents in favor and in opposition to the proposal tomorrow night.
7. An ordinance amending Provo City Code Section 14.38.095 to allow for larger signage in certain areas of the Regional Shopping Center (SC3) Zone. East Bay Neighborhood.
   This was item 7 at last week's Work Meeting. This is what I wrote last time, "The Planning Commission report was a little sparse on this item. It mentions that the Commission brought up questions about brightness and messaging, and that the applicant addressed the questions, but it doesn't explain what the questions were or how they were addressed. I am also concerned about possible impacts on surrounding neighbors. Being adjacent to the freeway will hopefully help. The Commission must have had their concerns adequately addressed as they recommended approval on a 5:0 vote. Freeway drivers should also be considered. I imagine I'm not the only person who has experienced painfully bright and distracting video signs on the freeway." In our Work Meeting discussion, Staff discussed the 8-second hold on electronic displays, and that sign brightness is already covered in the City's existing sign regulations.
8. An ordinance amending the zone map classification of approximately 59.7 acres of real property, generally located at 1560 South 1100 West, from Residential Agricultural (RA) and Agricultural (A1.5) to One-Family Residential Performance Development Overlay (R1.8 PD) and Neighborhood Shopping Center (SC-1). Sunset and Lakewood Neighborhoods.
   This was item 8 at last week's Work Meeting. This is what I wrote at that time, "Both Staff and the Planning Commission have recommended denial of this request at the present time. Both groups have indicated that much of the proposal has merit in the long term, but that conditions are not yet right. Major concerns are the current redesign of the sewer infrastructure which won't be settled for a couple more months, as well as ongoing work on the details of the Southwest Area Master Plan.
   After spending so much time and effort with the other members of the Westside Planning Committee, it was neat to see our work referenced when evaluating this project."
   This is what was written in the local newspaper as the highly experienced developer didn't like the direction the approval process is headed and turns to the press.
   This is what Wayne Parker, the Provo City's Chief Administrative Officer, said in response to the article and the discussion it generated on Facebook, "I'd like to share a couple of thoughts about this having been involved in the discussion for several months now. For many years, the City's general plan called for this area to be agriculture in the 20-30 year time horizon, except for possible non-residential development near the airport. So very little investment was made in infrastructure like water, sewer and storm drainage. Once Duncan Aviation came on to the horizon in earnest about 6 years ago, the General Plan was amended to residential in the area (with an environmentally sensitive designation) and the City's capital improvement plans began to reflect this need for city infrastructure. As the Lakeview Parkway funding began flowing in from federal and state sources, we knew that development pressures would follow, and we were working on a systematic plan to fund infrastructure that would support Duncan and possibly other development. But it takes a long time to get projects like water, sewer and storm water improvements going. The City needs to do studies to determine ideal locations for lines and lift stations for sewer and storm water improvements, to budget for the projects, to test soils, and to acquire rights of way and easements. Master plan studies for sewer and stormwater were done about 5 years ago, and we are now in the midst of land acquisition and geotechnical studies to determine the best alignment for these lines. As the article indicated, we now anticipate the lines going in during the 2018 construction season. So additional insights - first, the developer in question is a great developer and we would love to have them building in Provo. The land they chose and put under option is land that is not currently served by city utilities. There is a lot of land in Provo like that. The developer has the choice to install those utilities in accordance with the master plans or to wait until the City has the infrastructure ready. So, our answer has been consistently "no" to the development because of timing. The developer will now have the opportunity to appeal all of those "no's" to the Municipal Council this week. That is how the process works. Second, I certainly understand their position that their 3-year effort to get approved has been stymied, but they acquired a piece of property that has no access to utility infrastructure. If and when the utilities are in place, that is the time to discuss the rezone and possible land uses. This is an issue that the City deals with almost daily with developers who are ahead of the city infrastructure. But I don't know any city where every piece of property in the city is shovel-ready for development. And, as Beth Alligood points out, this specific development proposal is still in conflict with the West Side Development principles that have been adopted by the Municipal Council. I hope this helps, even though the post is way longer than I would like."
9. An ordinance amending the zone map classification of approximately 2.5 acres of real property, generally located on the northeast and southeast corners of the intersection of 900 East And Center Street, from One-Family Residential (R1.6) and Residential Conservation (RC) to Medium Density Residential (MDR).
   This was item 9 at last week's Work Meeting. This is what I wrote last time, "Staff and the Planning Commission are both recommending denial of this request as well but for different reasons. The main reason for this one is that the design does not fit the character of the surrounding area. I appreciate the shout out from Commissioner Rowan for form-based code which would more clearly communicate these expectation to potential developers, and I appreciate the efforts of some of the neighbors to draft language for an East Center Street Design Corridor."
10. An ordinance amending Provo City Code to change the uses allowed in the Residential Conservation (RC) Zone. City-wide impact.
    You might be detecting a trend. All of the land use items from Work Meeting last week are on our agenda for the Council Meeting this week. Here is what I wrote about this item last week, "The RC zone is mostly used in older parts of the City. It was used decades ago as a place holder until a final zoning determination could be made for each area. Sometimes there is nothing as permanent as a temporary designation. I am a proponent of allowing neighborhood-scale commercial within our neighborhoods, so, in general, I am in favor of this request. I am worried, though, about the lack of feedback. This could indicate that no one in the community has concerns, but it may indicate that people aren't paying attention who may be upset later on."
11. An ordinance amending the zone map classification of approximately 58.6 acres of real property, generally located at 1500 South State Street, from Light Manufacturing (M-1) to One-Family Residential (R1.10). Spring Creek Neighborhood.
    This was item 11 on last week's Work Meeting. Here is what I said about it, "The Southeast Area Master Plan identifies this area as a good place for higher density housing. In particular, I believe the idea is that this area could be designed specifically for the "young professional" demographic. I'm excited to see what can be done if developments are designed from the ground up for this group.
    Unfortunately, there are already businesses in this area, some new, some have been around for a long time. Some have been sitting on their land for a long time with an eye to developing it for manufacturing uses sometime in the future. This area could also be a cohesive manufacturing strip in the City providing jobs and industrial services.
    My biggest fear is that if we try to split the difference and tuck multi-family developments between the manufacturing sites we will fail to get a quality area for either use."
    In our meeting last week we voted to change our implied motion (start point for discussion) to be a rezone of the entire area, without exceptions for the properties that don't currently have manufacturing uses, but were planning to use the land for manufacturing uses some time into the future.
12. An ordinance amending Provo City Code Section 14.38.105(1) to increase wall signage permitted in a multi-tenant building in Downtown, ITOD, Downtown Gateway, and West Gateway zones. City-wide Impact.
    This item will have been heard earlier in the day, rather than last week. See item 11 in the afternoon meeting above.