As always, documents for agenda items can be found here.
PROVO MUNICIPAL COUNCIL
Joint Meeting with the Provo Housing Authority
12:00 PM, Tuesday, July 17, 2018
- A discussion on community land trusts
A community land trust (CLT) is a nonprofit corporation that develops and stewards affordable housing, community gardens, civic buildings, commercial spaces and other community assets on behalf of a community. “CLTs” balance the needs of individuals to access land and maintain security of tenure with a community’s need to maintain affordability, economic diversity and local access to essential services. The reason we're looking at one is to assist with affordable housing in Provo. Occasionally we partner with groups to rehab houses or assist with down-payments, but the effect is often just temporary. With a land trust, the trust owns the land and gives long-term leases for houses and such. By assisting with the land costs, qualified people can get adequate housing that they otherwise wouldn't be able to afford, but because the trust owns the land, they can maintain control to ensure that the property is used for affordable housing in perpetuity. - Further discussion of any items as requested by Council or Housing Authority Board members.
Agenda
Adjournment
PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
1:00 PM, Tuesday, July 17, 2018
- A discussion on citywide tax incentives and retail reinvestment (18-057)
In effort to pursue the City Council’s Economic Development priority, the Council has heard presentations regarding tax increment funding (TIF) in recent work sessions. Susan Becker and Brian Baker with Zion’s Public Finance will provide more information on tax increment funding, in addition to highlighting other tools that can promote economic development in Provo. I'm interested in what they have to say. Presentation only. - A discussion on the Real Estate Purchase Agreement and Development Agreement for a medical school at the golf course (17-136) and (17-143)
The Administrative Staff and the developers of the new medical school (being built on the a portion of the golf course property) have now exchanged draft agreements several times and are now ready to bring a substantially complete agreement to the Council for review, discussion and verification that the documents substantially conform to the direction and discussion that transpired in the January 2018 Municipal Council meeting. I think we are just about there. The last question I have is about the 15-year sunset clause on the purchase agreement. I want to make sure that there aren't any protections that we are getting that we wouldn't want to lose if the project stalls for whatever reason and that time elapses. Motion: George Stewart moved that the resolution for consideration at the July 17, 2018 Council Meeting include language that authorizes the Mayor to sign the agreements as long as there were no material changes. Seconded by David Harding.
Roll call vote: Approved 7:0.
This item was already scheduled at the July 17, 2018 Council Meeting. - A discussion on amending PCC 14.34.350 regarding Recreational Vehicle Storage and Towing Impound Yards (18-077)
Under City Code, towing impound yards can exist as a conditional use in Heavy Commercial (CM), Light Manufacturing (M1), Heavy Manufacturing (M2), and Planned Industrial Commercial (PIC) zones. Currently, when a towing yard borders a residential boundary, “a minimum ten (10) foot landscaped setback may be required from the residential zone boundary.” A proposal has come forward that the minimum setback requirement should increase from 10 feet to 100 feet, in the event a future towing impound yard borders a residential zone. Towing impound yards are in operation at all times of night and day. That can have a significant impact on the livability of nearby residences. We should look at the protection that residential uses have when non-residential zoning is nearby. Presentation only. - A discussion on a purchase option for property located at Provo Towne Center Mall (18-073)
For some time, Provo City Administration has been looking to provide a better working environment for its Police and Fire employees. Provo City’s Police Department is severely constrained by a lack of space, with our detectives using former jail cells as offices. Most importantly, the current building is not seismically sound. In the most basic terms, this means in the event of a moderate earthquake event, there is high probability of major property damage and loss of life for both emergency responders and critical personnel as a result from a failing structure.
This November, Provo City will be adding an initiative to the ballot to help fund the construction of a new Public Safety facility and City Hall. Staff is evaluating three options for the public to provide input: Building a new City Hall at the existing location; Refurbishing the existing City Hall; or moving City Hall to a new location.
Previously, the Administration seriously considered the purchase of the former Ancestry.com building as a replacement City Hall. Ultimately, it was decided that it would be too cost prohibitive to acquire the complex and retrofit it to be a new City Hall. However, there is another vacant space within Provo that could be utilized as a new City Hall.
The former Sears building at Provo Towne Center mall is 124,000 square feet and could be converted into office space. Brixton Capital is willing to keep the property off the market while the City completes its evaluation process. The price for a purchase option on the building and its associated parking is $350,000. This equates to approximately 5.6% of the value of the property. If Council authorizes the acquisition of the option, the $350,000 would be applied to the purchase price of the property if the City of Provo decides to buy the property in December for a new City Hall facility. If the City opts not to complete the purchase, the City would forgo the money.I am far from convinced that the old Sears building is the right location for our City Hall/Offices. We have just entered the public feedback period for our decision in 5 weeks. I definitely think it is premature to purchase this option. *If* we decide in 5 weeks that the Mall is the best place, we can purchase the option then. There is a small risk that it won't be available then, but to purchase it now is either fiscally irresponsible or we are not asking for public input in good faith. Amended motion: David Harding moved to direct that staff prepare a joint statement indicating the Council and Mayor’s intent or opinion that it was necessary to address the needs of the city center, public safety (police, fire, and dispatch) buildings, and Fire Station 2 on Canyon Road, and to allow the statement to be issued following approval by the Mayor and Council Leadership. Seconded by George Stewart.
Roll call vote: Approved 7:0.
This item was already scheduled for the July 17, 2018 Council Meeting. - A discussion on a proposed resolution to adopt the amendments to the General Plan text for the General Plan update (PLGPA20180142)
Since December, Council members have been providing input on various updated drafts of the General Plan. Input from staff and the public was also considered when preparing the update. It has been reviewed by the Planning Commission and is now ready for Council’s consideration. Planning Commission recommended denial. The biggest emphasis of this update was to bring the goals and objectives of Vision 2030 and the General Plan into alignment. While going through the document, some corrections and adjustments were made, but a vast majority of the changes were structural and formatting, rather than substantive.
My understanding is that the Planning Commission recommended denial because there are policies that they are uncomfortable with and didn't want to go on the record with a positive recommendation. These policies are in the current General Plan, and changes weren't made because of the scope of this update. The Planning Commission has expressed interest in heading up the General Plan update effort, and I've only heard support among Councilors for this idea.
I am planning to vote for this proposed update because I feel that it will give the Planning Commission a much better foundation to start their own update within the near future.Motion: David Harding moved to include the changes to the section for incorporating the Timp Neighborhood Plan by reference. Seconded by David Knecht.
Roll call vote: Approved 7:0.
This item was already scheduled for the July 17, 2018 Council Meeting. - A discussion on an ordinance amending the General Plan regarding a designation change from Mixed Use to Industrial for 14.17 acres located at approximately 1400 S. State Street. Spring Creek Neighborhood. (PLGPA20180128)
The applicant wishes to purchase half of the 14.17 acres for future development and has described the future land use as “light industrial including but not limited to manufacturing, storage units, construction yard.” With a General Plan amendment to Industrial, the Light Industrial (M1), Heavy Industrial (M2), and Planned Industrial Commercial (PIC) zones would be possible., The Southeast Neighborhood Plan was adopted by the City Council in March 2017 and future land use for this area is Medium Density Residential. Planning Commission recommended denial. I'll likely be taking the Planning Commission's recommendation on this one. We put a lot of thought and discussion into this area when we designated it for medium density residential and zoned it R1.10 in the interim. I'd have to be convinced that this is the wrong direction and that an about-face is called for before I vote in favor of the request. Presentation only. This item was already scheduled for the July 17, 2018 Council Meeting. - A discussion on an ordinance amending Provo City Code regarding neighborhood meeting requirements for General Plan amendments and zone changes. Citywide impact. (PLOTA20180186 and 18-036)
Neighborhood chairs felt that the noticing process for different steps in the development approval process needed some updates and clarification. To address this, a Council subcommittee, formed from members of the Development Approval Process Review (DAPR) Committee, would like propose changes to Provo City Code Chapter 2.29.040 (Neighborhood Program), 14.02.010 (Zoning), and 15.17.040 (Land Use and Development). The changes will address when neighborhood meetings are required, the amount of noticing required of the developer, and the process for moving the application to the Planning Commission agenda. Planning Commission recommended approval. I worked on this one in the subcommittee. We strove to find the right balance between streamlining the process and making sure neighborhoods have a robust opportunity to review and weigh in on proposals. I think we accomplished our goal. Presentation only. This item was already scheduled for the July 17, 2018 Council Meeting. - A discussion on an ordinance amending Provo City Code regarding allowances and requirements of home occupations. Citywide impact. (PLOTA20180109)
A number of recent Major Home Occupation requests have been controversial in their evaluation of possible impacts on their associated neighborhood. The Municipal Council has since discussed in a Work Meeting, the issues of those Home Occupation requests, especially in light of the Ordinance’s stated intent that the “use should be conducted so that neighbors, under normal conditions, would not be aware of its existence.” Following their discussion, the Council voted to further consider particular amendment recommendations and has now sent this request to the Planning Commission.
This requested text amendment is intended to address and clarify a number of different items and involves such items as definitions of certain terms; limitations on promotional meetings; changes related to the number of customers and employees allowed with major home occupations; the hours in which customers and employees may be on the premises; and the non-allowance for an accessory apartment and a major home occupation to be operated at the same time. Planning Commission recommended approval.We've been working on this for a while. In general, I'm comfortable with the compromises. In reading it again, I noticed a previous regulation that limits employees to major home businesses on lots greater than 7999 square feet. That would preclude many properties in my neighborhood. Presentation only. This item was already scheduled for the July 17, 2018 Council Meeting. - 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.
Business
Policy Items Referred from the Planning Commission
Closed Meeting
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:30 PM, Tuesday, July 17, 2018
- Approval of Minutes
Approved by unanimous consent.
Opening Ceremony
- A presentation of the July 2018 Employee of the Month.
- 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.
- A resolution consenting to the appointment of individuals to various boards and commissions. (18-003)
The Mayor is responsible for recommending individuals to be appointed to serve on various boards and commission, with the Council responsible for consenting to the appointments or reappointments.
Mark Hathaway, Mario Markides, Carol Walker, Bill Prochazka, Kris Whitehead, Lonnie Woodard, and Keith Rittel to the Airport Board. Buddy Richards, Craig Carlile, and Lauren Manzione to the Housing Authority. Scott Campbell and Jessie Embry to the Landmarks Commission. Karen Salmon, Julie Nichols, Terry Brown, and Carol Lee Smith to the Library Board. Claralyn Hill, Bruce Snow, Lisa Brockbank, Ricky Frank, Jen Petersen, and Tom Sitake to the Parks and Recreation Board. Tony Thomas, Thomas Halladay, Patrick Chavira-Johnson, and Wes Marriott to the Board of Adjustment. Don Porter, Mark Greenwood, Dan Stubbs, and John Dester to the Building Inspection Board of Appeals. Sue DeMartini to the Civil Service Commission. George Bills and Quinn Peterson to the Design Review Committee. Anna Lim, Ryan Frandsen, Clancy Black, Deborah Jensen, and Dr. Mitsuru Saito to the Transportation and Mobility Advisory Committee. Maria Winden, Deborah Jensen, Ron Phillips, and Robert Knudsen to the Planning Commission.I've said it before, but the community in which we live is as wonderful as it is in large measure due to the willingness of so many to step up and serve. I am grateful to the many individuals who serve our community on our boards and commissions. Approved 7:0. - A resolution appropriating $350,000 to acquire a purchase option for property located at Provo Towne Center Mall. (18-073)
For some time, Provo City Administration has been looking to provide a better working environment for its Police and Fire employees. This November, Provo City will be adding an initiative to the ballot to help fund the construction of a new Public Safety facility and City Hall. Staff is evaluating three options for the public to provide input: Building a new City Hall at the existing location; Refurbishing the existing City Hall; or moving City Hall to a new location.
The former Sears building at Provo Towne Center mall is 124,000 square feet and could be converted into office space. Brixton Capital is willing to keep the property off the market while the City completes its evaluation process. The price for a purchase option on the building and its associated parking is $350,000. This equates to approximately 5.6% of the value of the property. If Council authorizes the acquisition of the option, the $350,000 would be applied to the purchase price of the property if the City of Provo decides to buy the property in December for a new City Hall facility. If the City opts not to complete the purchase, the City would forgo the money.
See work meeting agenda item 4 for additional information. This will be the formal decision on the item.See my preview for item 4 in the earlier meeting. A motion to continue this item to the August 7, 2018 Council Meeting was approved 7:0. - A resolution conveying the intent of the Municipal Council regarding development beyond the Northern Wedge Property of the East Bay Golf Course. (17-136)
This is also item 2 on the work meeting agenda. This will be the formal approval of the agreements discussed in the work meeting. See my preview for item 2 in the earlier meeting. Approved 7:0. - A resolution approving the negotiated sale of the Northern Wedge Property of the golf course. (17-143)
This is the approval to sell the property involved in the previous agenda item. See my preview for item 2 in the earlier meeting. Approved 5:2, with Kay Van Buren and David Knecht opposed. - An ordinance amending a nonexclusive franchise agreement with Mobilitie to operate a telecommunications network in Provo City (18-010)
Provo City and Mobilitie have come to terms on an Amended Franchise Agreement to comply with subsequent changes in the law from the 2018 legislative session. Pursuant to Provo City Code, “[n]o franchise contract shall take effect until it has been approved by the Municipal Council.” 5.03.020 (5). This amendment is required because of a recent change to State statute, it also establishes a floor for the fees that the company must pay. Approved 7:0. - A resolution to adopt amendments and updates to the General Plan. (PLGPA20180142)
This is item 5 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 5 in the earlier meeting. A motion to amend the exhibit’s Goal 3.4.2.5 to only say “Provide sufficient housing options for single professionals.” was approved 7:0.
A motion to approve the resolution using the amended exhibit was approved 7:0. - An ordinance amending the General Plan regarding a designation change from Mixed Use to Industrial for 14.17 acres located at approximately 1400 S. State Street. Spring Creek Neighborhood. (PLGPA20180128)
This is item 6 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 6 in the earlier meeting. Denied 7:0. - An ordinance amending Provo City Code regarding neighborhood meeting requirements for General Plan amendments and zone changes. Citywide impact. (PLOTA20180186 and 18-036)
This is item 7 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 7 in the earlier meeting. Approved 7:0. - An ordinance amending Provo City Code regarding allowances and requirements of home occupations. Citywide impact. (PLOTA20180109)
This is item 8 on the work meeting agenda. This is the first hearing and possible formal vote after having discussed it in the work meeting. See my preview for item 8 in the earlier meeting. Continued to the August 7, 2018 Council Meeting, with a Work Meeting discussion on August 7, 2018. - CONTINUED TO A FUTURE PLANNING COMMISSION MEETING: An ordinance amending Section 14.10.020(6) to allow commercial uses to operate "only in historic buildings" in the Residential Single Family (R1) Zone. Citywide application. (PLOTA20180094)
This was not ready to be heard at the Council meeting. - CONTINUED TO A FUTURE PLANNING COMMISSION MEETING: An ordinance amending Section 14.06.020 to redefine "Family" to include four unrelated individuals. Citywide application (PLOTA20180169)
This was not ready to be heard at the Council meeting.
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