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

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