Monday, March 18, 2019

Council Meetings - 19 March 2019

Wastewater and pet regulations are likely to be to two hottest items on tomorrow's agendas.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:30 PM, Tuesday, March 19, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

    Budget Committee

  1. A presentation on the Parks and Recreation Department and potential budget requests. (19-004)
    The Parks and Recreation Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. This is the next Department to review their efforts and performance, as well as needs and requests, ahead of the budget that will be proposed by the Administration.
  2. A discussion regarding the Provo City Five-Year Capital Improvement Plan for FY 2019-2020 (part 1 of 2). (19-035)
    The document and the presentation will lay out the Capital Improvement Projects (CIP) for each department. Information for each item includes a description of the project, funding status (funded, partially funded, unfunded), funding sources, cost elements, the projected budget through FY 2023-2024, which city goals are furthered, and an estimate of the general impact on operating budgets The CIP is a massive document that lists out all of the large physical projects that the City is engaged in, or is even in the planning stages of. It takes some time to get through, but there may not be a better opportunity to get a feel for what the City is "up to".

  3. Business

  4. A presentation from the Administration about proposed organizational changes. (19-036)
    Following an extensive review of the effectiveness of the city organizational structure and processes, the Mayor wants to make several changes to streamline and improve development review processes and better align the city to improve the development experience. Three areas are proposed: 1) create a new Department of Development Services, 2) create a "one-stop shop" for development review processes, and 3) revamp the Coordinators' Review Council (CRC). One of the first efforts I engaged in when I was elected to the Council was on the Development Approval Process Review Committee. The main goal of the Committee was to improve the approval process to attract good developers while protecting the community from bad development. The hoops we ask developers to jump through should make a real difference in ensuring quality development. Both Council representatives and Administration representatives participated. We made a number of changes through legislation, and the Administration made a number of procedural changes. I believe this proposal is another fruit of that effort, and commend the Administration for "thinking big" about how to better partner with developers in providing quality development for Provo.
  5. A discussion regarding a proposed ordinance amendment prohibiting the sale of dogs, cats, and rabbits from commercial animal establishments (19-030)
    Some Utah municipalities have passed legislation that prohibits the sale live dogs, cats or rabbits, unless they are sourced from somewhere like a shelter. The primary concerns are the conditions of some "puppy mills" which supply pets to retail pet stores, illnesses that can then be spread to other pets in the community, and the current over supply of pet that fill local animal shelters. The Provo Council is not necessarily concerned about any currently registered pet store in Provo City, but is concerned about new pet stores after seeing other cities in Utah grapple with problems arising from pet stores locating in their limits. There are many good reasons for pet stores to not sell cats, dogs, or rabbits. From the "adopt, don't shop" argument to "puppies do best going from home (where they were bred) to home (their new family) without a layover in a pet shop. But are the related problems bad enough in Provo to justify additional regulations?
  6. A discussion regarding the proposed Community Land Trust Request for Proposal/Request for Qualifications. (19-032)
    The RFP/RFQ was discussed at the August 21, 2018, Work Meeting as part of the Community Land Trust discussion. At that time, the Council requested that the RFP/RFQ should be developed. This item is at a point where a more robust policy discussion is needed to help the Redevelopment Agency understand how they would like to approach this document. I think that we are at the point that we may not need to request a proposal on a community land trust, but we do need to discuss policies on inclusionary zoning and other efforts to address housing affordability, which may interact with CLTs.
  7. A policy discussion related to the Neighborhood Housing Services of Provo proposal with regards to homes purchased with CDBG/HOME Dollars. (18-076)
    The RDA is seeking guidance from the Council about whether to forgive the write-off amounts on all of the loans and whether the Council would like to establish criteria for writing off loans. The RDA provided Council with the letter from NHS and staff summed up the amounts and proposal that NHS has established. The write-off amounts of the loans vary and NHS has different proposals for each project they're seeking write off for. I thought we resolved this issue months ago. I'm surprised to see it back. Hopefully, we can resolve it for good this time.

  8. Policy Items Referred from the Planning Commission

  9. A discussion regarding a proposed ordinance to amend Downtown Streetscape standards to clarify right-of-way improvements for 100 West. City-wide Impact. (PLOTA20190007)
    The Community Development Department has proposed to amend the Provo Downtown Streetscape Standards. This amendment is to further the goals and objectives of the Downtown Master Plan and General Plan. One goal from these plans is to encourage streets that reflect and reinforce a sense of place. Staff has identified that additional standards to the 100 West section would reinforce the street as a pedestrian corridor. This item has been continued in the evening meeting twice. Hopefully, we'll hear it this time. As I said previously, "This is a very wide road, with very little traffic due to NuSkin blocking it to the north and the railroad blocking it to the south. This plan would create a streetscape that would be comfortable to walk or bike on between downtown and the Front Runner station."

  10. Business

  11. A discussion about Wastewater Recommendations, Treatment Resolution, and Code Changes.
    The City’s variance from the State of Utah for phosphorus regulations includes several deadlines the City must comply with. The next deadline is a May 1st 2019 requirement to select the treatment process that will be used in the new plant. Public Works is requesting a Council resolution indicating the City's chosen process. Public Works will also be presenting proposed updates to Title 10 of the City Code relating to the Wastewater system, and making recommendations about wastewater collection system updates. The proposal is to build the new water treatment plant at the current site using membrane bioreactor technology.

  12. 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


PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, March 19, 2019


    Opening Ceremony

    Items in this category do not involve legislative action.

    Public Comment

    • This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
    • For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
    • For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.


    Action Agenda

  1. Action Agenda
  2. An ordinance to amend Downtown Streetscape standards to clarify right-of-way improvements for 100 West. City-wide Impact. (PLOTA20190007)
    This is item 7 on the work meeting agenda. As I said previously, "This is a very wide road, with very little traffic due to NuSkin blocking it to the north and the railroad blocking it to the south. This plan would create a streetscape that would be comfortable to walk or bike on between downtown and the Front Runner station."
  3. A resolution appropriating $162,200 from wildfire response revenues in the Fire Department General Fund for expenses related to equipment and facility improvements applying to the fiscal year ending June 30, 2019. (19-034)
    This year, the wildland fire season was extremely busy. Provo responded to 21 major fires in the five states. Our total revenue was $561,000. Our expenses were $366,000. The total excess revenue in FY2019 was approximately $195,000. As the fire department has unmet needs some of which impact firefighters' health and safety. The fire department requests the ability to use much of this new revenue to care for these issues. I think that this is a great use of these funds. It is a testament to the bargain that we get from our firefighters that our costs are so much lower than the going rate.
  4. An ordinance amending the official Neighborhood Map. North Timpview and Riverbottoms Neighborhoods. (19-039)
    With the proposed residential development and annexation in this geographic area, realigning the boundaries between North Timpview and Riverbottoms, will move this area into North Timpview where its is both continuous and more homogenous with the surrounding properties, allowing for it to better represented by the Neighborhood Chair and for any issues to be addressed. This is a simple neighborhood boundary adjustment that makes sense for all involved.
  5. An ordinance amending Provo City Code regarding the sale of dogs, cats, and rabbits at commercial animal establishments. (19-030)
    This is item 4 on the work meeting agenda. This is what I said for the agenda item in the earlier meeting, 'There are many good reasons for pet stores to not sell cats, dogs, or rabbits. From the "adopt, don't shop" argument to "puppies do best going from home (where they were bred) to home (their new family) without a layover in a pet shop. But are the related problems bad enough in Provo to justify additional regulations?'
  6. An ordinance amending Provo City Code to repeal and remove references to the Student of Higher Education and Young Adult Advisory Board. (19-033)
    Following other recent updates to Provo City Code Title 2 (Government Organizations), the Administration has confirmed that the chapter addressing the Student of Higher Education and Young Adult Advisory Board should be repealed, as the board is no longer functioning. This is a follow up of the code clean up from two weeks ago. This change hadn't been fully reviewed by the Administration so it was left off that ordinance.
  7. **CONTINUED** An ordinance correcting deficiencies in the Campus Mixed Use Zone pertaining to design regulation identified by Community Development. (PLOTA20190025)
    This was not ready to be heard by the Council.
  8. **CONTINUED** An ordinance amending the Zone Map classification for approximately 3.724 acres of real property generally located at 2400 North 650 East to include a PD Performance Development Overlay Zone in the R1.10 Zone. Rock Canyon Neighborhood. (PLRZ20190029)
    This was not ready to be heard by the Council.
  9. A resolution regarding site and process selection for a new water reclamation facility. (19-037)
    This is item 8 on the work meeting agenda. This is what I said earlier, "The proposal is to build the new water treatment plant at the current site using membrane bioreactor technology."
  10. A resolution regarding loan authorization for the first phase of a new water reclamation facility. (19-038)
    On September 11, 2018, the Council instructed the Public Works Department to apply for a State Revolving Fund loan through the Water Quality Board. The Department submitted an application for $120 million and was authorized for $75.8 million at 0.5% interest with an additional $2 million in principal forgiveness. This resolution would authorize Mayor Kaufusi to sign the loan acceptance form. This is the second part of the previous item.

  11. Adjournment

Friday, March 1, 2019

Council Meetings - 5 March 2019

We'll be discussing policy on smoking, pet stores, parking, and some streetscapes.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, March 5, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

    Business

  1. A discussion on the Economic Development Impact that has been produced through Parks and Recreation efforts (19-031)
    Parks and Recreation facility operations staff would like to present the economic impact of Parks and Recreation facilities/events in the community. All areas have worked with the Utah Valley Conventions and Visitors Bureau to compile impact numbers. Presentation and discussion will include the Regional Sports Park concept. Our Parks and Rec facilities are first and foremost about our quality of life, but it'll be interesting to see an analysis of how our efforts in this area impact our economy. Presentation only. The Parks and Rec Department impacts our finances in two ways. First, our parks and facilities make our community a more desirable place to live and visit. Second, well-run operations can lower costs and maximize the value. Check out this post for a summary.

  2. A discussion concerning House Bill 324 which proposes raising the minimum age for tobacco purchase and other alternatives available to Provo City (19-029)
    Recently, Lehi City became the first city in Utah to pass a law which raised the minimum age for tobacco purchases from 18 to 21. Included in this item is a discussion about sending the resolution of support to the Utah State Legislature. In order to have any impact during this Legislative session, the Council needs to approve something at Council Meeting on March 5, 2019. The statistics that stand out to me are that people who start smoking by the age of 18 are twice as likely to become lifetime smokers as those who start after they turn 21, and that most people under 18 get tobacco from people under 21. The counter-argument is that adults should be free to choose even self-destructive behaviors. A motion to amend the implied motion to include the language suggested was approved 6:0, with Councilor Gary Winterton excused. This item was already scheduled for the March 5, 2019 Council Meeting. We made a slight adjustment to the proposed resolution.
  3. A discussion regarding a proposed ordinance amendment prohibiting the sale of dogs, cats, and rabbits from commercial animal establishments (19-030)
    Some Utah municipalities have passed legislation that prohibits the sale live dogs, cats or rabbits, unless they are sourced from somewhere like a shelter. The primary concerns are the conditions of some "puppy mills" which supply pets to retail pet stores, illnesses that can then be spread to other pets in the community, and the current over supply of pet that fill local animal shelters. The Provo Council is not necessarily concerned about any currently registered pet store in Provo City, but is concerned about new pet stores after seeing other cities in Utah grapple with problems arising from pet stores locating in their limits. I need to understand how this would affect our current pet stores. Presentation only. This item will be scheduled for the Work and Council Meetings on March 19, 2019. It was an open discussion on what are the concerns, what other cities have done the address them, and what the consequences would be.
  4. A discussion regarding the Provo City Parking goals and objectives (19-018)
    There are several listed goals and objectives within Chapter 9 of the General Plan regarding implementation of a parking strategy. Council has invited Austin Taylor to come before the Council to discuss with Council how he intends to manage parking issues within Provo City. Looking through the "Major Goals" slide, I'm optimistic that we are developing a vision that, if pursued, will really address our parking problems. There will need to be some discussion on some of the goals. Presentation only. This was a good presentation about short-term, medium-term, and long-term efforts to improve the parking experience in Provo.
  5. A discussion of an ordinance to correct inconsistencies and provide clarification regarding boards and commissions in Provo City Code Title 2 (19-033)
    Due to some inconsistency and confusion regarding different board- and commission-related items, Council staff has been working to update the code to reflect recent changes. I applaud our Council Staff for identifying sloppy code and proposing a solution. Presentation only. This item was already scheduled for the Council Meeting on March 5, 2019. Very straight forward.
  6. A discussion on Council work efforts (19-032)
    Council has had a few meetings where they discussed their goals, priorities, committee structure, etc. A list of issues that the Council may address was adopted two weeks ago. This item is intended to review the ongoing efforts to address these issues and how to track those efforts, as well as discuss any changes to the list of issues or proposals to start new efforts. At the last meeting, we adopted a list of issues that the Council may tackle. For this item, we will review the list and what efforts are currently being made on them. We will entertain motions to create or modify committees to address items on the list. A motion to create an ad hoc Election Code Committee, with the mission statement: "Review Provo City's current election code with Provo City election officials and propose updates and changes to better address and balance interests of campaign finance transparency, donor privacy, code clarity, and ballot access," and with David Harding as Chair and George Stewart as Vice-Chair was approved 6:0, with Councilor Gary Winterton excused. We reviewed a "dashboard" of current Council efforts, and I proposed, and the Council created, an ad hoc committee to review and recommend updates and improvements to our election code.

  7. Policy Items Referred from the Planning Commission

  8. A discussion on an ordinance amending the Zone Map Classification of approximately 4.99 acres of real property, generally located at 504 South 2470 West from Agriculture (A1.5) to One-Family Residential (R1.8). Provo Bay Neighborhood. (PLRZ20180426)
    The applicant is requesting a zone change from the A1.5 zone to R1.8 zone. The proposed rezoning is to provide additional residential lots on an infill piece of property. The homes will be single-family, detached dwellings. The Southwest Neighborhood Land Use Plan anticipates this type of housing at this location. The subject property is surrounded primarily by one-family, residential zoning. Across the street to the west of 2470 West lies single-family residential. North of the property abuts single-family residential homes. West and south of the subject property, across 560 South, the land is in an agriculture zone. This proposal aligns with our policy for development in the area. It received a positive recommendation from Staff, and a unanimous recommendation from the Planning Commission. But I am a bit surprised because I got the feeling that we weren't approving new developments right now because we are running out of utility capacity in the area and we need to wait for some utility projects to happen. I feel that we need a clearly articulated policy about how we decide which projects can move forward and which projects need to wait. Presentation only. This item was already scheduled for the Council Meeting on March 5, 2019. The main concern discussed was the impression of Councilors that approvals for new development in west Provo were on hold until more sewer capacity was available. We asked for a clearer explanation to be given in the evening meeting.

  9. Budget Committee

  10. A discussion on Council requests for FY 2019-2020 budget emphasis (19-004)
    To inform the Administration of particular points of interest and areas of emphasis where the Council would like to see budget priority. During the January 22, 2019 Work Meeting discussion, the Council took time to list a few areas they were interested in placing budget emphasis this year. Those areas identified were:
    • Officer safety and staffing retention
    • Relating to the Public Safety and City Facilities Bond to ensure the best outcome on facilities
    • Parking - another License Plate Reader to help enforcement efforts throughout Provo City
    • Zoning Enforcement - to find ways to achieve compliance
    • Housing Audit - research our housing situation (Based on GP Goal 3.4.2.1)
    It is the Administration's responsibility to propose a budget, but it is the Council's responsibility to actually decide on and pass a budget. The Council can't know all of the needs and intricacies of operations beforehand, but it can be difficult to make large changes to the budget late in the game after it has been balanced and proposed by the Administration. This year we are considering the adoption of a Budget Emphasis which would clearly communicate with the Administration areas of the budget that the Council would like the Administration to give extra attention and priority as it assembles the budget proposal. A motion to request that Council staff compose a memo regarding the discussion, to communicate to the Administration the areas which the Council was interested in emphasizing in the budget, was approved 6:0, with Councilor Gary Winterton excused. We requested that the Administration give extra emphasis in the upcoming budget proposal to three areas, in order: 1) Police Staffing, 2) Parking (generally, more license plate readers, specifically), 3) Zoning Compliance (along with a report of the impact of recent effort on compliance).
  11. A presentation on the Council Office and potential budget requests. (19-004)
    The Council Office will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. The Council Office has stayed within its budget and does not see any new needs for the coming fiscal year. Presentation only. The Council Office is treated as one of the departments of the City. This was our office's pre-budget report.
  12. A presentation on the Police Department and potential budget requests (19-004)
    The Police Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. The Police Department has been understaffed for many years and it is taking an unacceptable toll on our officers. They are stretched thin and overworked by any measure, even in comparison with other agencies around the state. Presentation only. Through smart programs and hard work, crime in Provo has been falling over the last three years. But our department has the highest per officer call volume, and the lowest per capita staffing levels. We are asking our officers to do too much with too little resources. It is not sustainable. Years ago a study of our community and our department determined that 120 officers were needed. Years later we are still at 107. We need 13 more officers.
  13. A presentation on the Fire Department and potential budget requests (19-004)
    The Fire Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. With the recent appropriations and the coming rebuild of Fire Station #2, I believe we are on top of our FD needs. But the point of these presentations is to make us aware of needs. Presentation only. One of the Cheif's main focuses is to improve the community's preparations for wildfires on the edges of town, similar to what our neighbors to the south faced last year.

  14. Closed Meeting

    Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed in Utah State Code (§ 52-4-204 and 52-4-205 et. seq.). If a closed meeting is needed, it will be announced at that time. None requested.

    Adjournment


PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, March 5, 2019


    Opening Ceremony

    Items in this category do not involve legislative action.

    Approval of Minutes

  1. February 5, 2019 Council Meeting Minutes
    Approved by unanimous consent.

    Public Comment

    • This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
    • For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
    • For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.


    Action Agenda

  2. An ordinance amending the Zone Map Classification of approximately 0.96 acres of real property, generally located at 1356 South 500 West, from Residential Agricultural (RA) to Residential (R1.8). Lakewood Neighborhood. (17-0017R)
    Angela Eckstein is requesting a zone change for her property at 1356 S 500 W from the RA zone to the R1.8 zone, in order to subdivide the land into three residential lots. The property currently includes a home that is on the east side of the property, along 500 West. Two new lots would be created on the west side of the lot which would access off of 570 West. The subject property is bordered by R1.10 zoning on the north and RA zoning to the south. R1.8 zoning is across 570 West, to the west and R1.8 zoning is in place to the east, across 500 West. The General Land Use for the property is classified as Residential. This proposal and the related subdivision application have been through staff review and have received approval to move forward. We continued this item last time because there was some concern about the recommended additional restriction on building height on the created plots. It appears that all of the provided documentation is the same as last time so I'll need to wait until the meeting to find out what has been worked out. Approved as amended 6:0, with Councilor Gary Winterton excused. The new agreement worked out between the applicant, the neighbors, and Community Development was acceptible to everyone.
  3. An ordinance amending Chapter 1 of the General Plan and changing the designation for approximately 35 acres, generally located at 178 E 1860 S. East Bay Neighborhood. (PLGPA20180407)
    In 2018 Provo City transferred 23 acres of property to the Noorda College of Osteopathic Medicine for the development of a medical school, the south parcel. An additional 12 acres located between the golf course parcel and 1860 South have been acquired for the development of apartment housing for students, the north parcel. The zoning map has previously been amended such that all the surrounding golf course property is now completely within the Public Facilities Zone. The two parcels that are the subject of this application remain zoned SC3, Regional Shopping Center. We continued this item last time because not all of the changes heard by the Planning Commission had made it into the proposal before the Council. Approved as amended 6:0, with Councilor Gary Winterton excused. All of the proposed changes were included this time, along with some small modifications requested by the Council last time.
  4. A joint resolution of the Provo City Mayor and Municipal Council to express support for the Utah State Legislature to increase the minimum age for tobacco purchases and otherwise to consider passing a City law to that effect. (19-029)
    This is item 2 on the work meeting agenda. As I said in the earlier meeting, "The statistics that stand out to me are that people who start smoking by the age of 18 are twice as likely to become lifetime smokers as those who start after they turn 21, and that most people under 18 get tobacco from people under 21. The counter-argument is that adults should be free to choose even self-destructive behaviors." Approved 5:1, with Councilor Kay Van Buren opposed and Gary Winterton excused. In the end, it was just a resolution by the Council. I don't know if it made any difference, but HB 324, the bill raising the age to purchase, was enacted by the Legislature.
  5. An ordinance to amend Downtown Streetscape standards to clarify right-of-way improvements for 100 West. Citywide Impact. (PLOTA20190007)
    The Community Development Department has proposed to amend the Provo Downtown Streetscape Standards. This amendment is to further the goals and objectives of the Downtown Master Plan and General Plan. One goal from these plans is to encourage streets that reflect and reinforce a sense of place. Staff has identified that additional standards to the 100 West section would reinforce the street as a pedestrian corridor. As I said two weeks ago, after hearing this item in the Work meeting, "This is a very wide road, with very little traffic due to NuSkin blocking it to the north and the railroad blocking it to the south. This plan would create a streetscape that would be comfortable to walk or bike on between downtown and the Front Runner station." Item continued prior to the Council Meeting.
  6. An ordinance amending the Zone Map Classification of approximately 4.99 acres of real property, generally located at 504 South 2470 West from Agriculture (A1.5) to One-Family Residential (R1.8). Provo Bay Neighborhood. (PLRZ20180426)
    This is item 7 on the work meeting agenda. As I said in the earlier meeting, "This proposal aligns with our policy for development in the area. It received a positive recommendation from Staff, and a unanimous recommendation from the Planning Commission. But I am a bit surprised because I got the feeling that we weren't approving new developments right now because we are running out of utility capacity in the area and we need to wait for some utility projects to happen. I feel that we need a clearly articulated policy about how we decide which projects can move forward and which projects need to wait." Approved as amended 6:0, with Councilor Gary Winterton excused. Public Works presented a map that they had shown us a little while ago which shows areas of the City which have no, minor, and major sewer capacity issues. It was recommended that the safest response, when approached by potential developers of West Provo, is to say that there may be problems with utility capacity and that they should preview their plans with Public Works.
  7. An ordinance amending Provo City Code to clarify provisions regarding boards and commissions. (19-033)
    Due to some inconsistency and confusion regarding different board and commission-related items, Council staff has been working to update the code to reflect recent changes. As I said in the earlier meeting, "I applaud our Council Staff for identifying sloppy code and proposing a solution." Approved 6:0, with Councilor Gary Winterton excused. Our code is now clearer.

  8. Adjournment

Friday, February 15, 2019

Council Meetings - 19 February 2019

Mayor Kaufusi will be giving the State of the City address tomorrow at 1:30pm in the Council Chambers. All are invited to attend in person or watch it online.

We have 13 items on our Work Meeting agenda and 19 on our Council Meeting agenda, though some have been continued because the items are not yet ready. We'll be getting a late start because of the State of the City address. I think it's going to be a late night!

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

2:30 PM, Tuesday, February 19, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

    Approval of Minutes


  1. Several sets of minutes from previous meetings are ready to be approved.
    Approved by unanimous consent.

  2. Budget Committee


  3. A presentation on Administrative Services and potential budget requests. (19-004)
    Administrative Services will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. Next in the series to help us prepare for the budget season and to stay familiar with what the various parts of the City government are working on. Presentation only. Administrative Services are the unseen civil servants who keep our enable our front-line workers. My favorite idea was adding an internal audit function. Our IS division has a lot of requests to fuel innovation.
  4. Business


  5. A discussion regarding an appropriation for additional Police Department expenses. (19-019)
    For the events surrounding the death of Officer Shinners, there were a number of expenses incurred by the Police Department beyond their normal operations that amount to just over $26,000 in expenses. This is a request to cover these expenses instead of using existing Police Department budget funds. This has been such a traumatic and devastating time for Provo and particularly our Police Department. It was inspiring to see the lengths that the community and the Department went to honor Officer Shinners and support his family. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. The Council felt it an honor to participate in this way, on behalf of those we represent.
  6. A discussion regarding an appropriation for the Provo Police, Fire & City Facilities Bond. (19-021)
    Work has already begun on the process for building a new city center and this budget will enable Provo City to begin to pay for property acquisition, architects, and construction of the projects. This amount is above the bond issuance total because it includes a 2% premium to cover issuance costs and expected interest gained through holding the bond proceeds. The appropriation is for $72,597,691 in General Services, and $240,000 in debt service. This will allow the proceeds of the bond to be used to build our new facilities. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. Just a bureaucratic next step.
  7. A discussion on a proposed appropriation for the Airport Bond payment. (19-020)
    The Airport Sales Tax Revenue Bonds issued in FY2018 included a period of capitalized interest where payments of interest are made from the bond proceeds themselves. During this period, only interest payments are made. Because the bond proceeds fund these payments, they were unintentionally excluded from the budgeting process when developing the FY2019 budget. The interest payments in FY2019 amount to $196,475. The request before the Council is now to appropriate the $196,475 in the airport fund to rectify this oversight. This is merely to fix a mistake that was in last year's budget. The money will be, and was always planned to be, taken from the bond proceeds. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. Mistake fixed.
  8. A discussion on a proposed expansion of the Provo City Airport
    The City has submitted a request for appropriation to the Utah State Legislature for $9 million in funding for a new 40,000 square foot, phase one terminal with four gates. The long term plan is to expand the terminal to 70,000 square feet and accommodate ten gates via the addition of two wings. The terminal will have TSA screening and baggage claim areas. PVU (the airport code for Provo) has secured matching grant funds from the FAA for an apron and the City has put together a project worth $41,710,000 with the project including grants, capital improvement projects (utilities), interdepartmental loans. The City is also seeking $4,298,000 from another source to be determined to complete the project funding. There has been a flurry of activity so far this year aimed at securing the funding necessary to build a new terminal at the Airport. With this resolution, we are supporting the application to the State Legislature and committing to securing the remainder of the money to move forward on this project.

    I support positioning the Provo Airport to serve the Valley long into the future with the new terminal.
    Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. The new terminal is an important step in the evolution of our valley. Hopefully, we will be able to cobble together enough pledges to make it happen now. To do our part, money will need to be shifted around in our capital improvement plans. This will delay some projects and speed others along.
  9. A discussion on the use of the surplus property list. (19-015)
    The discussion will address an alternative proposal for how the Council surpluses properties and how those properties are discussed. The documents say seven properties, but it appears that four are all contiguous, so there are really four sites that we are considering as additions to the Surplus Property List. I don't think that we are in a hurry to sell any of these, but all are properties that we would entertain proposals on. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. We heard descriptions of the four properties, one at the mouth of Provo Canyon, and the other three in Southeast Provo. None of them are planned to be used by the City.

  10. Policy Items Referred from the Planning Commission


  11. An ordinance amending the Zone Map Classification of approximately 0.96 acres of real property, generally located at 1356 South 500 West, from Residential Agricultural (RA) to Residential (R1.8). Lakewood Neighborhood. (17-0017R)
    Angela Eckstein is requesting a zone change for her property at 1356 S 500 W from the RA zone to the R1.8 zone, in order to subdivide the land into three residential lots. The property currently includes a home that is on the east side of the property, along 500 West. Two new lots would be created on the west side of the lot which would access off of 570 West. The subject property is bordered by R1.10 zoning on the north and RA zoning to the south. R1.8 zoning is across 570 West, to the west and R1.8 zoning is in place to the east, across 500 West. The General Land Use for the property is classified as Residential. This proposal and the related subdivision application have been through staff review and have received approval to move forward. This would create two additional lots, one of which would be a "flag" lot. It received Staff recommendation and unanimous support by the Planning Commission, as long as the house height is restricted to two stories. It looks like a good proposal to me. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. This would help finish the road and sidewalk infrastructure behind the property.
  12. An ordinance amending Provo City Code Section 14.14E.030(2) to remove the maximum density restriction in the Campus Mixed Use Zone. City-wide impact. (PLOTA20180432)
    The Campus Mixed Use zone establishes regulations for the form of development including height, lot coverage, setbacks and parking. Staff contends that also regulating density imposes limits on the ability of development to response to unique site conditions and property configurations while providing no additional control over the form of development. A measure of density can describe a result, but has limited utility as a regulatory mechanism. The support documentation downplays the significance of this change. I will want to have a clear picture as to the impact and possible unintended consequences of such a change. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. Someone in Community Development pinch hit for the presenter, who I had emailed my questions to, so I didn't get them answered until the evening meeting.
  13. An ordinance amending the General Plan Map from Commercial (C) to Public Facilities (PF) for approximately 23 acres and from Commercial to Mixed Use for approximately 12 acres, located at 178 E 1860 S. East Bay Neighborhood. (PLGPA20180407)
    In 2018 Provo City transferred 23 acres of property to the Noorda College of Osteopathic Medicine for the development of a medical school (the south parcel). An additional 12 acres located between the golf course parcel and 1860 South have been acquired for the development of apartment housing for students, (the north parcel). The zoning map has previously been amended such that all the surrounding golf course property is now completely within the Public Facilities Zone. The two parcels that are the subject of this application remain zoned SC3, Regional Shopping Center. This is generally aligned with the decisions the Council made to sell part of the Golf Course to the Medical School. It is worth considering if the requested zones will provide sufficient protection to the broader community. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. This is not a rezone, that has already taken place. This item is to update the General Plan Map. Usually, this would be done in reverse.
  14. An ordinance to amend the General Plan regarding the Downtown Master Plan to clarify right-of-way improvements for 100 West. City-wide impact. (PLGPA20190008)
    This amendment is to further the goals and objectives of the Downtown Master Plan (DMP) adopted on February 17, 2015. The DMP promotes the 100 W corridor between 100 S and 600 S as a pedestrian corridor connecting the Provo Station to the Downtown area. Staff sees a need to amend the DMP and Provo Downtown Streetscape Standards to reflect the new growth. The DMP emphasizes that additional streets in downtown could support elements of Complete Streets. The 100 W corridor has had little public infrastructure improvement upon the roadway in recent years. Staff would like to create a pedestrian corridor that attracts activity and life.

    After meeting with members of Public Works, Engineering, Redevelopment, and Economic Development departments, revisions were made to the original cross section; agreement between departments was made upon the cross section (Attachment 3). They include a sidewalk of 12 feet 6 inches on the east side of the street, back-in 45 degree parking along the east side of the street, bike lanes in each direction, vehicle lanes and no parking on the west side of the street. Staff has identified that back-in 45 degree parking is safer. The corridor has linear limitations upon it as it ends at 100 S and 600 S, which creates a quieter and more enjoyable atmosphere for pedestrians and bicyclists because of less thru traffic. Staff has identified that a signaled pedestrian and-or bicycle crossing across 300 S is crucial to executing the connectivity of the corridor, if not a full signaled four-way intersection. Along the 100 W corridor the General Plan Land Use Map designates parts of the corridor as Downtown (D) and as Transportation Oriented Development (TOD).
    Automobile traffic generally uses University Ave and 200 W. 100 W is a natural choice for prioritizing for other modes of transportation, and other uses of the public space. Presentation only. This item was already scheduled for the Council Meeting on February 19, 2019. This is a very wide road, with very little traffic due to NuSkin blocking it to the north and the railroad blocking it to the south. This plan would create a streetscape that would be comfortable to walk or bike on between downtown and the Front Runner station.
  15. Business


  16. Further discussion on Council Committees, including a review of Council Board and Committee assignments and Council goals (19-002)
    The Council has a number of goals and priorities they would like to accomplish. Each year, the Council has a discussion where the Council committee assignments are established. Time has run out at previous work meetings and more discussion is needed. Hopefully, we will be able to work this out at this meeting so we can focus more on getting things done. A motion to remove "Police issues," and adopt the amended list as the project list, was approved 6:1, with Kay Van Buren opposed.

    A motion that the Policy Governance Committee be made an ad hoc committee, and that the other three standing committees (Development Approval Process Review, Impact Fee Review, and the Rules Committee) be disbanded until or unless needed was approved 7:0.

    An amended motion to create the Foothill Protection Committee, with George Handley as chair, David Sewell as a member, and Gary Winterton as a member, with the mission statement: "Review the current staff report on the gravel pit issue and bring it to the Council for approval to release to the public. Bring recommendations to the Council for legislative changes to consider as a result of the lessons learned" was approved 7:0.

    A motion to create an ad hoc Joaquin Parking Permit Committee, with a mission statement “to work together with all the stakeholders to bring forward a parking permit program for the Joaquin Neighborhood,” with David Knecht as Chair, George Stewart as Vice-Chair, and David Harding as a member, was approved 7:0.

    A motion to appoint David Sewell as vice chair of the Foothills committee was approved 7:0.
    While most of the items on the agenda were merely informative, this one was all about promotion and pursuasion, compromise and consensus. We got through everything we wanted to, except to discuss and vote on a list of budget emphases to ask the Administration to focus on.
  17. Closed Meeting


  18. The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
    Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above.

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, February 19, 2019


    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. Provo Employees’ Association Employee of the Year Presentation
    Presentation only.
  2. A presentation about future construction on Bulldog Boulevard and 500 West. (19-026)
    Both of these are major projects that will positively impact this portion of Provo for decades to come. Presentation only. The Bulldog project is for 6 months and is mostly superficial. The 500 West project is for 18 months and is a full reconstruction from the utilities up.

  3. Approval of Minutes

  4. January 22, 2019 Council Meeting Minutes
    Approved by unanimous consent.


  5. Public Comment

    • This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
    • For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
    • For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.


    Action Agenda


  6. A resolution appropriating $26,172 in the Police Department General Fund for expenses related to the death of an officer in the line of duty, applying to the fiscal year ending June 30, 2019. (19-019)
    This is item 3 on the work meeting agenda. From the earlier meeting, "This has been such a traumatic and devastating time for Provo and particularly our Police Department. It was inspiring to see the lengths that the community and the Department went to honor Officer Shinners and support his family." As I said above, "The Council felt it an honor to participate in this way, on behalf of those we represent." Approved 7:0.
  7. A resolution appropriating $72,597,691 in the General Capital Improvement Plan Fund and $240,000 in Debt Service Fund for construction and debt payments related to the new City facilities applying to the fiscal year ending June 30, 2019. (19-021)
    This is item 4 on the work meeting agenda. From the earlier meeting, "This will allow the proceeds of the bond to be used to build our new facilities." Approved 7:0. As I said above, this is "[j]ust a bureaucratic next step."
  8. A resolution appropriating $196,475 in the Airport Fund, Operating Division for the Airport Bond payment. (19-020)
    This is item 5 on the work meeting agenda. From the earlier meeting, "This is merely to fix a mistake that was in last year's budget. The money will be, and was always planned to be, taken from the bond proceeds." Approved 7:0. Mistake fixed.
  9. A joint resolution of the Provo City Mayor and Municipal Council in Support of the Provo City Airport and requested state funding to add a commercial passenger facility (terminal). (19-028)
    This is item 6 on the work meeting agenda. From the earlier meeting, "There has been a flurry of activity so far this year aimed at securing the funding necessary to build a new terminal at the Airport. With this resolution, we are supporting the application to the State Legislature and committing to securing the remainder of the money to move forward on this project.

    I support positioning the Provo Airport to serve the Valley long into the future with the new terminal.
    Approved 7:0. As I said above, "The new terminal is an important step in the evolution of our valley. Hopefully, we will be able to cobble together enough pledges to make it happen now. To do our part, money will need to be shifted around in our capital improvement plans. This will delay some projects and speed others along."
  10. A resolution to place seven parcels of property located generally at the mouth of Provo Canyon, east of Nevada Ave. and Slate Canyon Dr., 350 S Slate Canyon Dr., and 1320 S State St. on the surplus property list. (19-015)
    A discussion in the work meeting will address an alternative proposal for how the Council surpluses properties and how those properties are discussed. The seven parcels of property include the following acreage at the following general locations: the mouth of Provo Canyon (39 acres), East of Nevada Avenue and Slate Canyon Drive (17.71 acres), 350 South Slate Canyon Drive (4.347 acres), and 1320 South State Street (1.0 acre). From the earlier meeting, "The documents say seven properties, but it appears that four are all contiguous, so there are really four sites that we are considering as additions to the Surplus Property List. I don't think that we are in a hurry to sell any of these, but all are properties that we would entertain proposals on." Approved 7:0. I didn't see any reason not to add them to the surplus list.
  11. An ordinance to amend the General Plan regarding the Storm Drain Master Plan. (18-102)
    This was presented at the February 5 work meeting after hearing from the Utah Division of Water Quality in December 2018 about State requirements placed on municipalities. The Storm Drain Master Plan is now ready for formal adoption. From my preview of this item when we heard it in the Work meeting two weeks ago, "The Master Plan was last updated in 1986. Public Works has given us a preview of the major findings previously, and are now presenting the full report, which weighs in at almost 100 pages. Overall we are doing well, but need to continue to maintain our system, address trouble spots, and upgrade the infrastructure where it is needed to accommodate development." Approved 7:0.
  12. An ordinance amending Provo City Code regarding on-street parking and enforcement of publicly owned lots and garages. (19-023)
    There are a few items that Provo City parking enforcement would like to amend related to assisting in enforcement of on-street parking and city-owned parking structures. The first item requires a minimum distance requirement a citizen must move their vehicle to avoid a ticket for on-street parking. The second makes it easier to monitor and maintain Provo City parking structures. These are straight-forward changes that are needed. Approved 7:0. Our parking enforcement officiers can not enforce parking in City owned lots.
  13. An ordinance amending the Zone Map Classification of approximately 0.96 acres of real property, generally located at 1356 South 500 West, from Residential Agricultural (RA) to Residential (R1.8). Lakewood Neighborhood. (17-0017R)
    This is item 8 on the work meeting agenda. From the earlier meeting, "This would create two additional lots, one of which would be a "flag" lot. It received Staff recommendation and unanimous support by the Planning Commission, as long as the house height is restricted to two stories. It looks like a good proposal to me." Continued by Council rules to the Council Meeting on March 5, 2019. This was continued so that more precise language can be worked out to address the neighbors concerns. The applicant appeared willing to accommodate the request, but exact terms hadn't been agreed on previously. We also asked Community Development to look at our current height restriction to make sure we don't have any loop holes that can be easily exploited.
  14. ***CONTINUED*** An ordinance amending Provo City Code Section 14.38.085 to clarify limitations on signage within the North University Riverbottoms Design Corridor. City-wide application. (PLOTA20190026)
    This item was not ready to be heard.
  15. ***CONTINUED*** A request for a General Plan Amendment for 078 acres from Public Facilities to Residential to allow 6 townhomes in a proposed LDR zone at 862 E Quail Valley Drive. Edgemont Neighborhood. (PLGPA20190009)
    This item was not ready to be heard.
  16. ***CONTINUED*** A request for a Zone Change from Public Facilities (PF) to Low Density Residential (LDR) for .78 acres, located at 862 E Quail Valley Drive. Edgemont Neighborhood.
    This item was not ready to be heard.
  17. ***CONTINUED*** An ordinance amending Provo City Code Section 14.34.285 regarding the design standards for buildings in the Campus Mixed Use Zone. City-wide application. (PLOTA20190025)
    This item was not ready to be heard.
  18. An ordinance amending Provo City Code Section 14.14E.030(2) to remove the maximum density restriction in the Campus Mixed Use Zone. City-wide impact. (PLOTA20180432)
    This is item 9 on the work meeting agenda. From the earlier meeting, "The support documentation downplays the significance of this change. I will want to have a clear picture as to the impact and possible unintended consequences of such a change." Approved 7:0. I was concerned with the possible unintended consequences, and with the way this was being presented (both, "This is a needed change", and, "This is a redundant regulation"). Between the presentation in the Work meeting and the Council meeting a couple hours later, the presenter completed a requested example analysis to help us understand the impact this change would have. I think this is a good change that moves us a tiny bit closer to more form based codes.
  19. An ordinance amending the General Plan Map from Commercial (C) to Public Facilities (PF) for approximately 23 acres and from Commercial to Mixed Use for approximately 12 acres, located at 178 E 1860 S. East Bay Neighborhood. (PLGPA20180407)
    This is item 10 on the work meeting agenda. From the earlier meeting, "This is generally aligned with the decisions the Council made to sell part of the Golf Course to the Medical School. It is worth considering if the requested zones will provide sufficient protection to the broader community." Continued by Council rules to the Council Meeting on March 5, 2019. There was some confusion whether the proposal would eliminate out-dated statements in the General Plan. That aspect did not make it into the actual proposed ordinance.
  20. An ordinance to amend the General Plan regarding the Downtown Master Plan to clarify right-of-way improvements for 100 West. City-wide impact. (PLGPA20190008)
    This is item 11 on the work meeting agenda. from the earlier meeting, "Automobile traffic generally uses University Ave and 200 W. 100 W is a natural choice for prioritizing for other modes of transportation, and other uses of the public space." Approved 7:0. This is a very wide road, with very little traffic due to NuSkin blocking it to the north and the railroad blocking it to the south. This plan would create a streetscape that would be comfortable to walk or bike on between downtown and the Front Runner station.
  21. ***CONTINUED*** An ordinance amending the Downtown Streetscape Standards to clarify right-of-way improvements for 100 West. City-wide impact. (PLOTA20190007)
    This item was not ready to be heard.

  22. Adjournment

Saturday, February 2, 2019

Council Meetings - 5 February 2019

I'd say that growth is the main theme of Tuesday's meetings. Two plans will be presented, one for the Wastewater Treatment Plant and the other for the area surrounding the Frontrunner station. We will also be deliberating on regulations tied to growth: housing, and parking. There is a proposal to update the accessory apartment code and continued discussion on how to improve parking in Provo.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 PM, Tuesday, February 5, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

    Approval of Minutes


  1. Approval of Minutes for the January 10, 2019 Legislative Breakfast
    Approved by unanimous consent.
  2. Business


  3. A discussion on items related to the Wastewater Treatment Plant site and process selection (18-052)
    After receiving low interest loan authorization from the State, Public Works is returning to the Council with recommendations on the location of the future plant and the treatment process to be used. This is a pretty big deal. We've been discussing and studying this for some time. It sounds like we are going to get the final recommendation as to where we should build our new sewer treatment plant. Presentation only. The recommendation is to build the new treatment plant at the current location. They had been leaning to the site near the airport, but because the State loan came in smaller than hoped, the recommendation changed. The current site will allow us to build in more stages and come up with less money up front. They completed and reported on a net-present-value analysis of the State loan. Certain strings are attached which increase the costs, but overall it is still a good deal for Provo. We requested a similar analysis to see if adding a bond now to suppliment the loan and allow us to move to the airport site will save Provo tax payers money in the long run.
  4. A discussion regarding an agreement between Provo City and West Union Canal Company regarding water rights (19-025)
    West Union Canal Company owns water rights that are used to provide shareholders with untreated water for irrigation and other uses. The company has decided to distribute some of its assets. Provo City is one of the shareholders and the Council is being asked to authorize the Mayor to execute an agreement to surrender company stock in exchange for water rights. Provo City has company stock, but no real interest in the West Union Canal Company. The Company will give Provo City water rights in exchange for the company stock. The water rights, though small, are of value to the City. It's not stated anywhere, but I think that there is also value in severing our potential liability in a canal company, particularly one that we don't have any real interest in. Presentation only. This item was already scheduled for the Council Meeting on February 5, 2019. This is good for Provo City. We shed liability and gain a small amount of more water rights.
  5. A discussion on the proposed Storm Drain Master Plan (18-102)
    The Storm Drain Master Plan has been prepared and is ready for adoption. The Master Plan was last updated in 1986. Public Works has given us a preview of the major findings previously, and are now presenting the full report, which weighs in at almost 100 pages. Overall we are doing well, but need to continue to maintain our system, address trouble spots, and upgrade the infrastructure where it is needed to accommodate development. Presentation only. This item will be scheduled for the Council Meeting on February 19, 2019. There were no surprises.
  6. Policy Items Referred from the Planning Commission


  7. A discussion on an ordinance amending the Zone Map Classification of approximately 0.98 acres of real property, generally located at 672 South 1600 West, from Agriculture (A1.1) to Single-Family Residential (R1.10). Sunset Neighborhood. (17-0019)
    This is a request for a rezone to facilitate the division of the property into two lots, each containing an area of just over 20,000 square feet, meeting the R1.10 Zone’s minimum lot size requirement. This request has been delayed while the City addressed sewer issues. Planning Commission recommended approval. The requested zone change conforms with the General Plan and the Neighborhood Master Plan. The sewer issues have been resolved. The neighbors support it. Community Development Staff recommend it, as does the Planning Commission. Initially I was concerned with the future upgrades to the road in front of the property, but that is addressed in the report. My only remaining concern is this appears to be “leap-frog” development, it will be a small island of residential zone inside a sea of agricultural. Presentation only. This item was already scheduled for the Council Meeting on February 5, 2019. No new utilities will need to be extended. The site does not conflict with any of the plans for future development. This addresses my leap-frog concern.
  8. Budget Committee


  9. A presentation of the Economic Development and Redevelopment Departments and potential budget requests (19-004)
    In preparation for the FY 2019-2020 budget, different departments and divisions will be making presentations regarding their operations and budget needs. We use the assembly of the City budget as an opportunity to meet with each department to check in on how things are going. Presentation only. This was mostly a review of what had been accomplished and what they are working on. Redevelopment is not funded through our budget or directly by our taxes.
  10. Business


  11. A discussion regarding parking enforcement in Provo (19-018)
    Austin Taylor, Parking and Sustainability Coordinator, was invited to discuss with Council how he intends to manage parking issues within Provo City. Mr. Taylor was recently hired into this position. It will be good to hear his vision and plan for confronting the parking challenges in our city. Presentation only. We went well over time on this item. Parking is a hot topic. Mr. Taylor presented some changes to code that he would like to see to assist with parking enforcement. We spoke briefly about his plan to improve parking, but we'll have him back for a more in depth discussion.
  12. A discussion regarding the proposed amendments to the Accessory (A) and Supplementary (S) overlay zones and the proposal to combine and simplify these zones (19-022)
    At the December 5, 2017 Work Meeting, Community Development came and discussed the occupancy restrictions in general and relative to the Accessory (A) and Supplementary (S) overlay zones. Over the course of the past year, the Housing Committee and Council staff have been engaged in the combination of these two overlay zones. Because this is an amendment relative to Provo City Code sections relative to Title 14 this must go through the Planning Commission before coming back to Council. This is presented as merely a reorganization of the code to make it clearer and more concise. But I also believe that it would make detached accessory apartments permitted in the areas currently covered by the A and S overlays, whereas only attached accessory apartments are permitted. I generally agree with that change, but I feel that the community needs to be made aware of the proposed change and be given ample opportunity to react to the proposal. A motion to send this proposal to the Planning Commission for review was approved 7:0. Our zoning code is big and complex. I worry that some of the changes might have unintended consequences, and I think we need to look holisticly at the changes. I like the move to rental dwelling licenses and I like the idea of allowing detached as well as attached accesory apartments, but I definitely think that we need to make sure that the public is aware of the proposed changes.
  13. A discussion on a Neighborhood Program ordinance amendment related to fee waivers and vice-chairs (19-017)
    The Neighborhood program has a few amendments that have been discussed by the Neighborhood Advisory Board and are ready to bring forward for Council to discuss. The first is the discussion regarding the number of vice-chairs. A few years ago, Provo City Code was changed from having the option of one Vice Chair to encouraging the election of two or more Vice Chairs. This was intended to give more support to overworked Neighborhood Chairs and possibly bring in additional points of view. Because there was no limit placed on the number of Vice Chairs, many neighborhoods ended up approving all who were willing to serve. Several neighborhoods ended up with 5-10 Vice Chairs. This has become a difficult situation in several ways. With more people serving, we’ve noticed that many end up ending their participation after a month or two. In some cases, vice-chairs have brought opposition against the Chair. The Neighborhood Advisory Board (NAB) felt that it would be better to have a more manageable number of vice-chairs. The Chair can still appoint people to help as necessary if they have the need, but they wouldn’t be on our official lists.

    The NAB recommended a limit of two Vice Chairs, but Council may consider altering that number as a policy consideration. For the proposed limits on Vice-Chairs in the Neighborhood Program, Council would need to consider how to handle the current situation if this change is approved. Should immediate elections be held to reduce the number of Vice Chairs? Or the current Neighborhoods with too many could be changed at the next Chair election. Council staff could also reach out to see if any Vice-Chairs are interested in being removed.

    The following Neighborhoods currently have more than two Vice-Chairs:
    Dixon (4), Franklin (7), Grandview North (3), Grandview South (7), Joaquin (9), Maeser (5), Pleasant View (3), Provo Bay (4), Provost South (10), Rock Canyon (3), Spring Creek (3), Timp (4).

    The fee waiver was proposed as a way to allow greater input from the Neighborhood about what they would like to see happen within their area. The NAB can analyze projects and offer waivers to projects that have broad support from the Neighborhood.
    The actual proposed language was not included in our document packet. I don’t have strong feelings on this one. A motion to move this item to a future Work Meeting was made, but subsequently withdrawn. Presentation only. This item was already scheduled for the Council Meeting on February 5, 2019. Most of the debate on this one centered around the length of term of the Chairs, which is only peripherally related to this item.
  14. Further discussion on Council Committees, including a review of Council Board and Committee assignments and Council goals (19-002)
    The Council has a number of goals and priorities they would like to accomplish. Each year, the Council has a discussion where the Council committee assignments are established. Here are the items that we have discussed wanting to look at:
    • Accessory Dwelling Units
    • Short Term Rentals
    • Parking Policy (Joaquin/Downtown)
    • Zoning Compliance (enforcement/outcomes/reporting)
    • Rental Dwelling Licenses
    • CIP Review
    • Election Code Review
    • Ranked Choice Voting
    • Housing Audit
    • Foothills Protection (mining/loopholes)
    • Fireworks
    • HOA engagement/communication
    • Ensure best outcome of facilities
    • Police issues
    Continued to the Work Meeting on February 19, 2019.
  15. A discussion on the frequency of joint meetings (19-024)
    The Council regularly meets with the Orem City Council and the Provo City School District Board. Meetings with each of those groups are currently scheduled on a quarterly basis. This is a discussion on whether adjustments need to be made to that schedule. Sometimes we struggle to find items to include on the agendas and sometimes attendance at these meetings is sparse. Both seem to be indications that we are meeting too frequently. A motion to reduce the scheduled joint meetings with the Orem City Council and Provo School District to two meetings per year, with the ability to add additional or emergency meetings as necessary, was approved 5:2, with Councilors Gary Winterton and David Knecht opposed. I think it is a good compromise. We can always schedule an additional meeting if needed.

  16. Closed Meeting


  17. The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
    Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above.

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, February 5, 2019


    Opening Ceremony

    Items in this category do not involve legislative action.

    Presentations, Proclamations, and Awards

    Items in this category do not involve legislative action.
  • A presentation by the Utah Transit Authority on their Station Area Plan (Item 1: Planning Commission Study Session - January 23, 2019).
    Wow. Click on the link to see a 28 page plan, with lots of graphics, showing a proposed area plan for the blocks surrounding the Provo Central Frontrunner Station. It is bold. Community Development was part of the team that put this together. They fully support the Plan. I've learned from subsiquent conversations that all that is proposed in the Plan is already allowed under our ITOD zone. I think that the Council should adopt the Plan as an appendix to the Downtown Master Plan.

  • Public Comment

    • This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
    • For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
    • For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.


    Action Agenda


  1. An ordinance amending the Zone Map Classification of approximately 0.98 acres of real property, generally located at 672 South 1600 West, from Agriculture (A1.1) to Single-Family Residential (R1.10). Sunset Neighborhood. (17-0019R)
    This is item 5 on the work meeting agenda. See my preview for item 5 in the afternoon meeting. Approved 7:0. As I reported on the earlier meeting, "No new utilities will need to be extended. The site does not conflict with any of the plans for future development. This addresses my leap-frog concern."
  2. A resolution authorizing the Mayor to execute an agreement with West Union Canal Company to surrender company stock in exchange for Water Rights. (19-025)
    This is item 3 on the work meeting agenda. See my preview for item 3 in the afternoon meeting. Approved 7:0. As I reported on the earlier meeting, "This is good for Provo City. We shed liability and gain a small amount of more water rights."
  3. An ordinance amending Provo City Code and the Consolidated Fee Schedule regarding the makeup of the Neighborhood Program and Implementation of a fee waiver program. (19-017)
    This is item 9 on the work meeting agenda. See my preview for item 9 in the afternoon meeting. Approved 6:1, with Council George Handley opposed. As I reported on the earlier meeting, "Most of the debate on this one centered around the length of term of the Chairs, which is only peripherally related to this item."
  4. ***CONTINUED*** A request for a General Plan Amendment for 078 acres from Public Facilities to Residential to allow 6 townhomes in a proposed LDR zone at 862 E Quail Valley Drive. Edgemont Neighborhood. (PLGPA20190009)
    This item was not ready to be heard.
  5. ***CONTINUED*** A request for a Zone Change from Public Facilities (PF) to Low Density Residential (LDR) for .78 acres, located at 862 E Quail Valley Drive. Edgemont Neighborhood. (PLRZ20180430)
    This item was not ready to be heard.

  6. Adjournment

Saturday, January 19, 2019

Council Meetings - 22 January 2019

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, January 22, 2019

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

    Approval of Minutes

  1. September 25, 2018 Joint Meeting with Energy Board
  2. September 25, 2018 Work Meeting
  3. All minutes approved by unanimous consent.

    Business


  4. A Quarterly Financial Report on the 1st Quarter of FY 2018-2019. (19-007)
    With the end of the first quarter of the fiscal year on September 30, 2018, the Finance Division has put a report together showing how expenditures and revenue collection compares to projections. The presentation will provide an opportunity for the Council to receive the information and ask questions. This will help the Council understand trends in revenue (sales tax, utility fees, etc) and expenditures, which will help as we begin the discussion on next year's budget. Presentation only. Generally our revenues are a little ahead of last year's "year to date" figures, and a bit further ahead of our budget. Overall our expenses are a little under the budgeted amount. If this continues through the next three quarters, we will be able to add a more to our "rainy day" fund, which is a good thing as the economy is showing some signs of being unsettled.
  5. A discussion on the issuance of up to $69,000,000 of general obligation bonds for the purpose of financing Fire, Police, and other City Facilities and related matters. (19-014)
    The issuance of bonds was approved by voters in November 2018. The bonds will be sold on the morning of Tuesday, January 22. Most of the details are worked out. We won't know until that morning what the exact interest rate will be. Presentation only. This item was already scheduled for the January 22 Council Meeting. The bond sale went a little better than planned. Rather than paying the originally estimated $119.80, the owner of the median home in Provo will pay $117.84.
  6. A semi-annual report from the from the Sustainability Committee. (19-016)
    The Sustainability Committee has been active in their efforts within Provo. They have recently hired a new full-time Parking and Sustainability Coordinator, Austin Taylor, who also serves as the Committee's executive secretary. Other recent initiatives include collaboration with Provo Energy Department and Utah Municipal Power Agency, improving air quality, improving energy-efficiency in local buildings, recycling education, and land use. To be clear, Provo City recently hired a Parking and Sustainability Coordinator, and, as part of his responsibilities, he serves as the executive secretary of the Sustainabilty Committee. We will hear from both Don Jarvis, who leads the Committee, and Austin Taylor. Presentation only. Committee Chair Don Jarvis recounted the efforts of the Committee and City to improve our sustainability. Committee Secretary and Provo City Parking and Sustainability Coordinator, Austin Taylor, discussed "net-zero" buildings that are designed to produce as much energy as they consume. Some commercial buildings are saving enough each year on utilities to "break even" on the added costs of "net-zero" construction after only two years. We could save Provo tax payers money for generations by investing some of the bond money into building a "net-zero" City Hall and Public Safety Building.
  7. A discussion on an appropriation for the Urban Deer Program. (18-061)
    The need for an additional appropriation was originally discussed in the December 18, 2018, Council work meeting.The request before the council is to appropriate an additional $20,000 to fund the FY2019 portion of the program. This funding is needed to complete the work this year. Discussions are ongoing about the effectiveness of the program, whether it should continue, and what changes should be made. A motion to amend the resolution for the implied motion from $20,000 to $10,500 for the lethal portion of the program only was approved 7:0. This item was already scheduled for the January 22 Council Meeting. This was caused by an oversight when the budget was passed last year. The $10,500 has already been spent and the Police don't feel that they have enough staffing to continue to support the other portion. The trapping and relocation will not take place this spring. We will be carefully evaluating the results of this program before making the decision whether or not to continue it in the future.
  8. A presentation on the Provo Airport and potential budget requests.
    In preparation for the FY 2019-2020 budget, different departments and divisions will be making presentations regarding their operations and budget needs. This is the first in that series and will feature the Provo Airport. The Airport is at a pivotal juncture. Duncan Aviation has just opened new facilities to service corporate aircraft and we are at capacity for commercial flights using our existing terminal. Presentation only. We are now basically at capacity for commercial flights at the Airport. More flights and more carriers would come, if only we could accommodate them. As the Valley continues to grow, the importance of having a strong regional airport will only continue to grow. The Federal Government recognizes this and will pay for much of the expansion (which includes a new terminal), but some local money will be needed. Regional and State money will likely be used as well.


  9. Policy Items Referred from the Planning Commission


  10. A discussion for a request to rezone approximately 14 acres, generally located at 2300 N University Parkway, from Regional Shopping Center (SC3) to Interim Transit Oriented Development (ITOD). Carterville Neighborhood. (PLRZ20180406)
    The applicant, Provo City Economic Development, is requesting a zone change on behalf of the owner and developer of “the Mix” property, located at 2300 N University Pkwy. The request is to amend the zone map from the SC3 to the ITOD zone for 14 acres along the north and east ends of the property. The owners of the property have an approved plan for this property under SC3 zoning with commercial, office, and residential development. However, due to changing markets and a revised plan from the developers, they now are requesting an amendment to the zoning, which will be followed by an amendment to their development plan. The zone change will enable the developers to move forward with building on “The Mix” site. Community Development staff has recommended, at the property owner’s representative has agreed, that a Development Agreement should be recorded in the office of the Utah County Recorder prior to any actual change in zoning that would include certain restrictions.

    The Planning Commission gave a positive recommendation dependent on a Development Agreement is signed prior to adoption of the ITOD zone that would include the following:
    1. That the remaining SC3 zone will not permit any residential uses;
    2. That 10% of the residential units in the ITOD zone must be income restricted at 60% Average Median Income or that cash-in-lieu is proffered for 10% of the units;
    3. That the attached zoning map be included in the Development Agreement which will dictate zone boundaries and road locations.
    4. That it is understood by all parties that future development of the subject property may necessitate significant improvements to city sewer facilities and that the cost of any such improvements will be the responsibility of the developer.
    This is a bit of a change in the vision for this project. This many units may have a real impact on addressing our housing needs, and could be a significant boon if it is done well. Presentation only. This item was already scheduled for the January 22 Council Meeting. It seems like the Council was fairly comfortable with this change. More time was spent discussing whether or not tax increment incentives would be requested in the future to support the project.


  11. Business


  12. A discussion for further consideration of an annexation petition for approximately 13.45 acres of property generally located at 5400 N Canyon Road (Peay Annexation). North Timpview and Riverbottoms Neighborhoods. (PLANEX20180355)
    Council will be deciding whether there should be further consideration of an annexation petition. The map of the property to be annexed and the map of the plans for the property can be found in the agenda materials. It looks like this would pave the way for a 42 house development, mostly single family detached, but with 8 twin homes. Our annexation plans include this area. I wonder how well this integrates into the rest of Provo, it looks like it is still mostly surrounded by unincorporated land. Presentation only. This item was already scheduled for the January 22 Council Meeting. This area is already in the Annexation Plan, so I think the default answer is yes. The two concerns are: is there an expectation that if we annex it the City is committed to bringing utility services to the whole area, and if neither of the properties on either side of this property are annexed does that cause additional difficulties to bring in the utilities? Should we wait until the surrounding properties are ready and then annex the whole thing?
  13. A discussion on an affordable housing resolution and policy for Provo City. (18-070)
    At the August 7, 2018, Work Meeting, representatives from The Salt Lake Chamber came to discuss a policy initiative they recently headed and referred to as the Housing Gap Coalition. As part of their presentation, they discussed with the Council a study their group had recently commissioned with the Kem C. Gardner Policy Institute at the University of Utah. The study uncovered several areas dealing with housing affordability and availability that were of concern and in need of attention. One of the primary asks of this presentation was that the Council consider and pass a resolution which would unite cities in the state and partner with the Housing Gap Coalition to address housing affordability. The Council has had numerous discussions regarding this resolution, but never adopted the resolution. Council Leadership asked Council staff to review the housing policies in place and to particularly look at current policies and whether current policies would create a duplication in effort. As I've said previously, the Resolution does not commit to anything that we aren't already doing or that we haven't already committed to doing in our advisory documents (like the General Plan). Adopting this resolution signals our willingness to engage with our neighboring cities to address this problem. Ignoring the resolution gives cover for nearby cities who aren't pulling their weight when it comes to affordable housing. Approved as amended 7:0 for use in the implied motion at the Council Meeting. This item was already scheduled for the January 22 Council Meeting. We reviewed the changes drafted by staff and made one additional tweak before sending it on to the evening meeting.
  14. A review of Council Board and Committee assignments, including a discussion regarding Council goals (Part 2 of 2). (19-002)
    The Council has a number of goals and priorities they would like to accomplish. Each year, the Council has a discussion where the Council committee assignments are established. This is the second of two meetings to discuss this item. What issues do we want to tackle this year? What is the most effective way for us to organize ourselves to address them? As the Administration begins assembling the budget, are there any areas that we'd like to see emphasized? Presentation only. We listed out more than a dozen issues that we would like to address this year. We will prioritize them before our next meeting. We selected liaison assignments to the various boards, commissions, and organizations. We also chose to wind down most of our standing committees and create issue-specific ad-hoc committees to tackle issues as Councilors have time and interest.
  15. A discussion on the use of the surplus property list. (19-015)
    The discussion will address an alternative proposal for how the Council surpluses properties and how those properties are discussed. This item was added late. I don't know anything about it. Presentation only. A property needs to be on a surplus list before the Council can meet in closed session to discuss offers to buy it. The proposal was to release a list of all properties that Provo might consider an offer on, so that we could go directly into a closed session to discuss any future offer. I was worried about the scope of this proposal. I was afraid that pretty much every property owned by Provo could be on the list, and at that point, what is the point of the list. After expressing my concerns, I have since learned that the number of properties will much much fewer and will only include the properties that Provo would be serious about selling.
  16. Closed Meeting


  17. The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
    Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above.

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, January 22, 2019


    Opening Ceremony

    Items in this category do not involve legislative action.

    Public Comment

    • This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
    • For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
    • For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.


    Action Agenda


  1. A resolution authorizing the issuance of up to $69,000,000 of general obligation bonds for the purpose of financing Fire, Police, and other City Facilities and related matters. (19-014)
    This is item 4 on the work meeting agenda. This is the final authorization from the Council. Approved 7:0. That is a lot of money. But very needed and will create buildings that will serve our community well for generations. As noted in the earlier meeting, "The bond sale went a little better than planned. Rather than paying the originally estimated $119.80, the owner of the median home in Provo will pay $117.84."
  2. A resolution appropriating $20,000 in the Police Department General Fund for the Urban Deer Program applying to the fiscal year ending June 30, 2019. (18-061)
    This is item 6 on the work meeting agenda. As I said above, "This funding is needed to complete the work this year. Discussions are ongoing about the effectiveness of the program, whether it should continue, and what changes should be made." Approved 7:0. Note: the title originally included an upper limit of $20,000 for the considered appropriation; during the January 22 Work Meeting, the Council amended the draft resolution for approval to include only $10,500 for the lethal portion of the urban deer program—this is the final version which was approved. See my report for this issue in item 6 in the afternoon meeting.
  3. A resolution stating the intention of Provo City with respect to affordable housing. (18-070)
    This is item 10 on the work meeting agenda. Hopefully we will have all of the concerns addressed and we can move on. Approved 7:0. After months of deliberation, the Council passed the resolution UNANIMOUSLY!
  4. A resolution with regards to an annexation petition for further consideration for approximately 13.45 acres of property generally located at 5400 N Canyon Road (Peay Annexation). North Timpview and Riverbottoms Neighborhoods. (PLANEX20180355)
    This is item 9 on the work meeting agenda. This area is already in the annexation plans. Approved 6:1, with Councilor Kay Van Buren opposed. Note: this action refers only to the acceptance of the annexation application for further consideration and is the first step of the typical public hearing and consideration process. Under state law, the application is automatically accepted for further consideration unless the Council denies it within 14 days of receipt. We raised several questions and concerns, but allowed the study to move ahead.
  5. An ordinance amending the Zone Map Classification of approximately 14 acres, generally located at 2300 N University Parkway, from Regional Shopping Center (SC3) to Interim Transit Oriented Development (ITOD). Carterville Neighborhood. (PLRZ20180406)
    This is item 8 on the work meeting agenda. As I said above, "This is a bit of a change in the vision for this project. This many units may have a real impact on addressing our housing needs, and could be a significant boon if it is done well." Approved as amended, to include the development agreement, 7:0. The net difference between the previous plan and the current plan is ~85 more residential units (from ~420 to ~500, none of which now will be hotel), ~300K sq ft less office space (all of which is being eliminated) ~45K sq ft more retail space (~105K sq ft to ~150K sq ft).

  6. Adjournment