Council Meetings - 24 April 2018

There doesn't appear to be any highly controversial items on Tuesday's agendas. Much of it is about infrastructure.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:30 PM, Tuesday, April 24, 2018

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 presentation on the Public Works Department and potential budget requests (18-005)
   These presentations are in anticipation of the budget for the next fiscal year. The Public Works Department will report on how they’re performing with their budgets and what they may need to accomplish their goals. It's Public Work's turn. They are one of the last departments to present. Presentation only. The water fund is the only utility fund (outside of energy which is in its own department) that is currently on a sustainable path.
2. A presentation regarding use of the Utility Transportation Fund (18-048)
   This is a required annual report on the use of Utility Transportation Funds over the past year. When Provo implemented the UTF, we required these yearly reviews to ensure the fee is still needed and is accomplishing its purpose. Presentation only. The utility transportation fee has allowed us to properly maintain our recently replaced streets in good condition. It is less expensive it maintain a street in good condition than it is to replace a street once it has deteriorated. Previously we were in emergency mode and were only replacing the worst streets. There are still a number of poor streets that will need to be replaced, but we are letting them get to their absolute end-of-life before replacing them, so that we can focus more of the funds on maintaining the good ones. Eventually we should get on top of all of our streets, which means all will be kept in good condition and we will be able to focus future funds into other areas like sidewalks.
3. A discussion on wastewater planning (17-131)
   Discussions on wastewater planning continue. The purpose is to inform the Council of upcoming decisions they’ll need to make regarding the Wastewater Treatment Plant. This plant represents a huge investment for the City. Significant effort is being expended to analyze our options to enable us to make the best decision possible for the City. Discussion only. We've all but officially decided to replace the treatment plant, rather than try to patch the current one. We will still need to decide on the location as well as whether we should phase in the new treatment plant and run the old one as long as possible, or if we should bond big (while rates are near historic lows) and build the new plant all at once.
4. A discussion on an appropriation of $433,000 in the Airport Capital Improvement Fund for airport parking lot utilities and access applying to the fiscal year ending June 30, 2018. (18-043)
   This appropriation is being requested due to construction of a new taxilane, hangar pads, and a parking lot, necessitating the installation of utilities to service the new hangar pads and new access road. This utility work will be needed in the future and it is less expensive to do the work before the area is paved. They are asking for $328,000 from the General Fund and the remainder ($105,000) from the Water Fund. A motion to take an additional $29,000 from the General Fund and $76,000 from the Water Fund instead of the total $105,000 from the Water Fund was approved 7:0. The Council was not comfortable with using the Water Fund to pay for other utility projects.
5. A presentation from Bill Hulterstrom of United Way of Utah County to discuss 2018 Utah County Community Assessment. (18-045)
   The United Way of Utah County recently released the 2018 Utah County Community Assessment. It addresses education, health, and housing in the county. Additional Background: "The Assessment covers topics such as demographic information, education, housing, income and general health." United Way coordinates much of the public and charitable efforts in the Valley to address the needs of our lower income residents. Presentation only. There are many take-aways. The best way to deter crime in your neighborhood is to get to know your neighbors. Many of our college students are poor. Half of our poor are college students. Our poor, non-college student population is comparable with other communities.
6. A discussion regarding a Substantial Amendment to the 2015 Five-Year Consolidated Plan to incorporate the use of the Section 108 Loan Guarantee Program as a resource (18-046)
   An amendment is necessary to incorporate the use of the Section 108 Loan Guarantee Program as a resource. This will fund infrastructure improvements necessary due to the Duncan Aviation expansion. Additional Background: "The Section 108 Loan Guarantee Program (Section 108) provides communities with a source of financing for economic development, housing rehabilitation, public facilities, and other physical development projects, including improvements to increase their resilience against natural disasters. This flexibility makes it one of the most potent and important public investment tools that HUD offers to state and local governments.
   
   "Section 108 offers state and local governments the ability to transform a small portion of their CDBG funds into federally guaranteed loans large enough to pursue physical and economic revitalization projects capable of revitalizing entire neighborhoods. Such public investment is often needed to inspire private economic activity, providing the initial resources or simply the confidence that private firms and individuals may need to invest in distressed areas."
   
   These hearings satisfy program requirements. The policy question is whether we should commit future CDBG funds to pay for this infrastructure. We have previously decided to head in this direction. This will be an additional opportunity to hear from the public, and to decide if we want to make it official. Presentation only. This item was already scheduled for the April 24, 2018 Council Meeting. Committing CDBG money for this project will lower the amount available for other projects in the future.
7. A discussion on a new sustainability coordinator (18-047)
   The Sustainability Committee has broached the subject of hiring a sustainability coordinator for Provo City. This would be a new position. There are many considerations to take into account regarding future staffing needs. There are many neglected staffing needs in the City. While we are playing catch up in areas like our police force, it is difficult to justify creating a new position like this. But what if such a position could more than pay for itself in savings that would go unrealized without the position? Discussion only. I'd gauge about equal parts interest and wariness among councilors on this idea. It is tough to fund this position when there are so many other pressing needs in the City.



Policy Items Referred From the Planning Commission



8. A discussion regarding a request for a General Plan Text Amendment to Chapter 6 Southwest Area Neighborhoods to delete the housing density maximum of four units per acre. Fort Utah, Lakeview North, Lakeview South, Lakewood, Provo Bay and Sunset Neighborhoods. (PLGPA20180011)
   This is a request to remove the housing density maximum from the General Plan regarding the Southwest Area Neighborhoods. This seems like a hard sell, particularly outside of the ongoing efforts to create a long-range master plan for the Southwest Area. City Staff and the Planning Commission both recommend denial. Presentation only. This item was already scheduled for the April 24, 2018 Council Meeting. See the results for item 8 in the evening meeting (below).
9. A discussion regarding a request for an ordinance amendment to Section 14.50(10).170 (Parking, Loading, and Access in the Arbors on the Avenue Pro Zone) to allow for motorcycle parking to count towards the vehicle parking requirement. Riverbottoms Neighborhood. (PLOTA20180006)
   This would allow two motorcycle spaces to be substituted for one required vehicle parking space in the Arbors on the Avenue PRO Zone, with a limit of no more than one out of every 50 required vehicle parking spaces. The applicant requested the ability to convert up to 1 out of every 25 required spaces into two motorcycle spaces. I think this is a good opportunity to try this out, and think it could be helpful in other areas of the City. Presentation only. This item was already scheduled for the April 24, 2018 Council Meeting. See the results for item 9 in the evening meeting (below).



Closed Meeting



10. 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. No closed meeting was held.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, April 24, 2018

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.
1. A presentation of the Employee of the Month for April 2018.
   Presentation only.



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.




Consent Agenda

Items on the consent agenda are generally routine in nature, have been fully vetted in other meetings, or do not need additional discussion. They are approved together as one item.
2. Approval of the February 20, 2018 Council Meeting minutes.
3. An ordinance amending Provo City Code Section 6.14.080 to bring code into compliance with Utah State Code. (18-041)
   This would bring City Code in line with a 2017 change to Utah State Code defining proximity restrictions for alcoholic beverage licenses and where they will be granted within specific proximity measurements to a community location (church, school, etc.). The State preempted our ability to regulate these distances. This update aligns our code with the State statute.
4. A resolution authorizing the Mayor to submit an application for a Utah County Municipal Grant to be used for Provo River Trail renovation. (18-037)
   This is an annual grant offered by Utah County for communities within the county. Funding for the grant comes from the “Restaurant Tax” Funds distributed to communities based on population data. Provo’s portion is $59,757.17. This is a reimbursement grant. Provo City expends the funds and must submit for reimbursement. Funding will be used to pay for a portion of the Provo River Trail Enhancement Project phase 1 construction costs. Last year’s grant funded design and engineering services for this project. This $60k grant will be put towards the $3.5M project.
Items 2 through 4 on the Consent Agenda were approved by unanimous consent.



Redevelopment Agency of Provo



5. A resolution of the Governing Board of the Redevelopment Agency of Provo City Corporation approving the signature of a Partial Assignment of the Parking Lease to PEG Development. (18-044)
   The Redevelopment Agency leases parking spaces in the Wells Fargo parking structure to the developer of 63 East. Ownership of the 63 East development has now changed hands and this would transfer the parking lease agreement to the new owner. This just transfers the lease over to the new owner. I don't see any reason not to support it. Approved 7:0.



Action Agenda



6. Public Hearing on Substantial Amendment to the 2015 Five-Year Consolidated Plan to incorporate the use of the Section 108 Loan Guarantee Program (18-046) An amendment is necessary to incorporate the use of the Section 108 Loan Guarantee Program as a resource. This will fund infrastructure improvements necessary due to the Duncan Aviation expansion. This item was heard in the Work Meeting as item #6. Read my preview there. A motion to continue this item to the May 1, 2018 Council Meeting was approved 7:0. From earlier, "Committing CDBG money for this project will lower the amount available for other projects in the future."
7. A resolution appropriating $433,000 in the Airport Capital Improvement Fund for airport parking lot utilities and access applying to the fiscal year ending June 30, 2018. (18-043)
   This appropriation is being requested due to construction of a new taxilane, hangar pads, and a parking lot, necessitating the installation of utilities to service the new hangar pads and new access road. This item was heard in the Work Meeting as item #4. Read my preview there. Approved as amended in the April 24, 2018 Work Meeting 7:0. These infrastructure improvements are needed. We are approriating the funds now, before the parking lot is built, so that we won't need to pay to tear up and replace the parking lot to put in the utilities later.
8. A resolution to amend Chapter 6 Southwest Area Neighborhoods of the General Plan. (PLGPA20180011)
   This is a request to remove the housing density maximum from the General Plan regarding the Southwest Area Neighborhoods. This item was heard in the Work Meeting as item #8. Read my preview there. An implied motion to approve the changes failed 0:7, with all Council members opposed. This is just one important aspect that is currently being studied as the development policies are being developed for west Provo.
9. An ordinance amending Provo City Code regarding allowing motorcycle parking to count toward vehicle parking requirements. Riverbottoms Neighborhood. (PLOTA20180025)
   This would allow two motorcycle spaces to be substituted for one required vehicle parking space in the Arbors on the Avenue PRO Zone, with a limit of no more than one out of every 50 required vehicle parking spaces. This item was heard in the Work Meeting as item #9. Read my preview there. A motion to continue this item to the May 1, 2018 Council Meeting was approved 7:0. The amount of stall conversion that they need may depend on if there will be cooperation between the two properties in order to improve street access. The Council is hopeful something can be worked out in the intervening week.
10. A resolution authorizing the Mayor of Provo City to negotiate and execute a post-performance Sales Tax Increment Reimbursement Agreement between Provo City Corporation and Days Market Grocery Store. (18-040)
    This is a sales tax increment agreement with owners of Days Market, located on North Canyon Road, in order to provide retail incentive to offset certain costs associated with a $1 million remodel with the hope of doing additional work within the store not covered by the construction loan. As I've said before, I love Days Market and wish they could open two more stores in the City. But I don't feel that this project raises to the level of something that should receive public funding. The Council has indicated that we should have a discussion about what our policy should be on strategic use of tax-increment incentives. I am not comfortable approve any new incentive until we've had this discussion. Approved 5:2, with Council members David Harding and Kay Van Buren opposed. I was not convinced to change my mind during the discussion.
11. An ordinance amending Provo City Code Section 9.19.090 (Possession and Consumption of Alcoholic Beverages) to include the prohibition of tobacco use within Parks and Recreation facilities. (18-035)
    This is an amendment to Provo City Code Chapter 9.19.090 on the prohibition of alcohol possession or consumption of alcoholic beverages in City parks. It would include prohibiting the use of tobacco products, including variations such as e-cigarettes, and would would expand the park definition to “city park, trail, or recreational facility.” This is a good measure to improve the public enjoyment of our recreational assets. Approved as amended 7:0. An aspect of the wording was still gnawing at me after reviewing the proposal over a couple months, so I asked our counsel if he thought it covered a specific scenario. He and the presenting police officer disagreed, so we tabled the item while they worked out language that they both agreed would cover the scenario. Ideally, I should have brought up the question eariler, but I'm grateful for the work of such competent civil servant who were able to work out a solution on the fly.
12. An ordinance amending proposed changes to Provo City Code regarding the Downtown Neighborhood. (18-038)
    The Downtown Neighborhood was originally established as a business district. With more mixed use development increasing the number of residents in the neighborhood, the current method of representation (the Neighborhood Chair is appointed by Downtown Provo, Inc.) needs to be adjusted. The Neighborhood Advisory Board, in consultation with the Downtown Neighborhood Chair, is proposing two equal Chairs (one for residents and one for businesses) to ensure representation for both neighborhood interests. Here is what I said before we heard it in our Work Meeting two weeks ago: "I've been perplexed with how the growing number of residents in the Downtown Neighborhood should be represented in the Neighborhood Program. I have raised concerns with past proposals. I think this proposal strikes the right balance and I am looking forward to support its implementation." Approved 7:0. This is a good arrangement as downtown continues to grow and mature.
13. A resolution ratifying the Mayor's signature on the Second Addendum to the Fifth Amended Interlocal Cooperation Agreement by and between Provo City and Utah County relating to the Ice Sheet Authority. (17-055)
    This addendum adjusts the date where the sale of the facility by public auction would be required. This is necessary due to the County’s meeting schedule since the new interlocal agreement would not be signed in time to prevent activation the auction requirement. This means that the sheet won't be sold before the County can officially enter into the new agreement. Approved 7:0. Part 1. See the more important item below
14. A resolution ratifying the Sixth Amended Interlocal Cooperation Agreement between Provo City and Utah County relating to the Provo City/Utah County Ice Arena Properties. (18-050)
    This resolution would ratify the terms and conditions and authorize the Mayor’s signature on the new interlocal agreement regarding the Ice Sheet Authority. This is the actual agreement that transfers the operation and management of the Ice Sheet to Provo City. Approved 7:0. This ensures that the Ice Rink won't be sold and that Provo is free to operate the Sheet in a way that will provide patrons an even better experience while reducing the public subsidy.

Adjournment