Council Meetings - 13 November 2018

In my estimation, the most important items on tomorrow's agendas are development related. During the Work Meeting we'll be discussing possible changes to the zoning for "The Mix". In the evening meeting we will be considering the adoption of the Future Land Use Map for Southwest Provo.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, November 13, 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. Approval of minutes
   Approved by unanimous consent.
2. A report from Downtown Provo, Inc. (18-027)
   A semiannual update from Downtown Provo Inc. on their current initiatives and successes, as well as updates on any programs or projects. I haven't heard as much from DPI in the last little bit, so it'll be good to get up to speed on their current efforts. Presentation only. There is a lot of energy and excitement in Downtown Provo. DPI is in good hands.
3. A presentation on OnBase, the Council's new agenda management software (18-095)
   As part of the City's Provo360 project, the Council made a transition from SIRE to OnBase Agenda Management as the primary software to manage Council agendas. The system introduces many new features which will help Council staff and other city staff to work more effectively to conduct city and Council business. The presentation will cover how the public and Council will use the available resources to access Council agendas and materials. I've been looking forward to this day for a couple years now. I'm trying not to have unreasonable expectations, but I am hopeful that this transition will provide the public with all the information they need to follow the business of the Council in a way that is easy to access and navigate.
   
   Go to documents.provo.org to get started. Presentation only. So far the public interface seems fairly comparable to the old SIRE site. I believe the links to documents won't change with every minor update, so that is definitely an improvement. I would really love to get links to the presentation slides that are used in the meetings. I'm not sure that will happen, though.
4. A discussion on a proposal related to Neighborhood Housing Services of Provo and homes purchased with CDBG/HOME Dollars (18-076)
   Several years ago, Neighborhood Housing Services (now known as NeighborWorks) purchased and rehabbed several houses using funds borrowed from the Redevelopment Agency that originally came from the Federal Government. Based on the type and amount of funding used, the homes were required to remain affordable for specific durations of time. Recently, there has been interest in forgiving some of the loans. The RDA is concerned that should some of these houses no longer remain affordable, the Federal Government (HUD) could demand the funds back from Provo that were originally used to rehab them. The RDA is seeking guidance from the Council about whether to forgive the write-off amounts on all of the loans, the write-off amounts on some of the loans, and/or whether to establish a covenant between NeighborWorks and Provo City that would ensure the houses in question stay affordable. If I understand this correctly, this has been an unresolved issue for many years now. I am hopeful that we will have everyone and all the information together in the same room so that we can get to the bottom of it and can resolve it once and for all.
   
   Questions I have include: Was the original expectation that the loans would be paid back in full? Are there ways to ensure the units remain "affordable" during the required period? How is it in the public's best interest to forgive these loans? A motion to request RDA staff to make amendments to the contracts and documents to implement the changes discussed and to bring to a future Council Meeting was approved 7:0. The discussion was very helpful. While some of the rehabilitation projects may pay for themselves, that is not the main purpose of doing the project. As an example, shortly before I moved to Provo a dozen years ago, a house in my neighborhood was rehabbed by NHS. It had been the source of much crime and many calls to police. Meth had been cooked there. No private investor would buy and rehab the place because it was a money-losing proposition. But unless it was rehabbed, it would remain a source of problems and blight. It was very costly for Provo's emergency services to continually respond and had a significant negative impact on the quality of life of all the neighbors. The house was rehabbed and sold. The sales price may not have covered the cost to purchase and rehab the house, when the larger City and societal costs are considered, this was a valuable project.
   
   We discussed the importance of good communication, which has been improving, and for clear expectations when entering into these projects. I am optimistic that these problems are behind us and that we will be able to move forward with a valuable partner.
5. An update on the Interim Transportation Oriented Development (ITOD) zone as it relates to The Mix (18-097)
   This update is about potential changes to the ITOD zone in the area of The Mix development. (Supplemental Background from the Staff Report:) "The property owners of The Mix had planned to build retail and office space but have decided to build retail and housing instead due to a surplus of office space on the market. They will need to rezone the area from SC-3 to SC-2 and ITOD. The retail portion would remain about the same. The developer would more than likely bring a residential partner into the project to do that portion."
   
   There is high market demand for housing. We say we want more housing. We say we want housing that is more affordable for those living in Provo. We say we want density were density makes sense. We also value our role as being a business hub and office space is important for that. But if there is a current surplus of office space, I don't see much downside to allowing higher density residential into this space (assuming it is done well). A motion to request staff to prepare a rezone from SC3 to SC2 and ITOD and to begin the process of moving this forward for approval was approved 7:0. I think everyone on the Council was comfortable with a larger housing component in this project. For the reasons I explained in the preview, housing here is a positive. The lingering concern is if our ITOD zoning will ensure that we get a quality product that will enhance the area. We took a look at the three residential developments that have been built under our ITOD standards. Architecturally, I would say one is beautiful, one is adequate, and one leaves a lot to be desired.
6. A comprehensive update on items from Economic Development (18-094)
   The Council regularly asks the Economic Development Department to give updates. I'm interested to see what they are working on. Presentation only. I wish I could link to the presentation slides. I'll update this report if I get it. There is so much that has recently happened, is currently happening, and is in the works for Provo. We are in prosperous times.



Policy Items Referred from the Planning Commission



7. A discussion on an ordinance to amend the Zone Map Classification of approximately 5.89 acres of real property, generally located at 1437 East 2300 North from Public Facilities (PF) to Residential Agricultural (RA). Rock Canyon Neighborhood (PLRZ20180239)
   The property owner purchased the land in 2007 in order to create single family lots at a later date. The applicant has now applied for the necessary zone change and preliminary subdivision that would enable the property to be subdivided into three single-family lots. The property is currently a mostly vacant parcel that contains a storage building for the US Forest Service. Planning Commission recommended approval. This was previously heard by the Council, but sent back for review by the Planning Commission because of some changes regarding animal rights. Planning Commission recommended approval. My only concern was regarding the impact of agricultural animal rights on the nearby residential neighbors. If the applicant is willing to agree to animal rights equivalent to standard residential zones, then my concern is resolved. Presentation only. We just went over the changes in the proposal since it was last heard. The rezone was voted on and granted in the later meeting.



Closed Meeting

8. 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.

Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, November 13, 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.
• A presentation of the Employee of the Month for October 2018

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 to amend the General Plan Map regarding land west of the I-15 freeway and south of the Provo River. Lakewood, Sunset, Provo Bay, and Fort Utah Neighborhoods. (PLGPA20180225)
   On a vote of 5:2, the Planning Commission recommended that the Municipal Council adopt the General Plan Land Use Map for the Southwest Area Neighborhood Plan, based on the efforts made by the Committee, neighbors, and staff to address the future development of the area. The Planning Commission recommended that the RES designation on the Map be defined as four units per acre as a net acreage calculation, rather than a gross acreage calculation. This recommendation is consistent with the recommendation of the West Side Advisory Committee. This had a first hearing at the October 23 Council meeting and was continued. There are many fine details that will need to be worked out in the future, and various concerns in the community about different aspects, but overall I think this proposal represents a good balance of many competing interests. Approved 7:0. This represents a major step forward in the planning for future development in west Provo. There is sadness and anxiety among many who love what this area once was, but even they recommended this map for approval, feeling that it was a good balance between the many competing interests in the area.
2. A resolution approving an Environmental Assessment and a proposed Land and Water Conversion Fund property conversion. (17-036)
   The public comment period was reopened for the draft environmental assessment for the Timp-Kiwanis Bounous property conversion. This is an update on the public comments received and a request to move it forward in the process. This will be a good transaction for the people of Provo. A motion to include the public comments given in this meeting in the Environmental Assessment and close the period for giving public comments, and that the resulting draft be brought back to the November 27, 2018 Council Meeting was approved 7:0. If we approve the Environmental Assessment next time, then the proposal will be submitted to the Federal Government for approval. If we get the green light, then we can try to negotiate the sale and then determine if it should be sold.
3. An ordinance amending the Zone Map Classification of approximately 5.89 acres located at 1437 E 2300 N from Public Facilities (PF) to Residential Agricultural (RA). Rock Canyon neighborhood. (PLRZ20180239)
   This is item 7 on the work meeting agenda. As I said above, "My only concern was regarding the impact of agricultural animal rights on the nearby residential neighbors. If the applicant is willing to agree to animal rights equivalent to standard residential zones, then my concern is resolved." Approved 7:0. The applicant was willing and also waived any enhanced commerical rights that come with the RA zone.
4. **THIS ITEM HAS BEEN CONTINUED** An ordinance amending Provo City Code Section 15.03.020(3) to update 2018 standards to 2019 standards. Citywide impact. (PLOTA20180348)
   This item was continued by the Planning Commission.
5. **THIS ITEM HAS BEEN WITHDRAWN** An ordinance amending Section 14.06.020 to redefine "Family" to include four unrelated individuals. Citywide application. (PLOTA20180169)
   This item was withdrawn from the Planning Commission agenda.



Adjournment