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. Presentation only. The Parks and Recreation Department has consistently improved the recreational offerings in the City while reducing the draw on the City's General Fund. They are not asking for any additional money for next year, even though the usage continues to rise.
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". Presentation only. I did ask about one project that I've heard talked about in the community that wasn't listed in the CIP. 800/820 N has been studied and will likely be widened in the future. I had heard that the City had purchased some homes along this corridor as they went up for sale. I was told that the reason this project wasn't listed is that it is actually a project of UDOT (or was it MAG?).



Business

3. 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. Presentation only. This item will be scheduled for a future Work Meeting. I had been given a preview of this proposal a few weeks ago. I forgot that this was the first time many of the other Councilors had seen the details. It appeared that they reacted positively to the proposed changes.
4. 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? Presentation only. This item was already scheduled for the Council Meeting on March 19, 201 Most of the discussion took place in the evening meeting. See my report of item #5 in the Council Meeting below.
5. 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. Presentation only. After going around in circles a few times, we decided to move forward in releasing the RFP/RFQ. At some point, we will need to determine what our policy is on inclusionary zoning and to what extent we will support a community land trust.
6. 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. Presentation only. This item will be brought to a future Council Meeting. This felt like we were being asked if we wanted to reconsider the direction we gave when we last heard this item in November, without any suggestion on why we may want to change our minds or what change we might want to consider. In the end, we reconfirmed that we would like to accept the proposal as we decided back in November.



Policy Items Referred from the Planning Commission

7. 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." Presentation only. This item was already scheduled for the Council Meeting on March 19, 2019. This is a companion piece to a General Plan amendment we approved on February 19th. It is much more detailed in how the streetscape should be developed.



Business

8. 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. Presentation only. This item was already scheduled for the Council Meeting on March 19, 2019. See my report for items #9 and 10 in the evening meeting.



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. A closed meeting was held.



Adjournment

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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." Approved 7:0. This is a companion piece to a General Plan amendment we approved on February 19th. It is much more detailed in how the streetscape should be developed.
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. Approved 7:0. It is in everyone's interest for fire departments to assist one another. Each department can be smaller if they know they can rely on outside help when large fires occur. But that means that we need to be willing to assist when our neighbors need it. The same goes for wildland fires. We have some urban/wildland interface in our city, particularly along our eastern border. If we are ever in a situation like Woodland Hills was last summer, we will want others to assist.
   
   It is our firefighters who risk their health and safety in order to provide assistance to other agencies. I find it very fitting that we allocate any excess revenue from the reimbursements into equipment and programs that better protect their health and safety.
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. Approved 7:0. The neighborhood boundaries now make better sense.
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?' A motion to table the item indefinitely was approved 7:0. In the end, we didn't feel like the problem in Provo is bad enough to justify these restrictions.
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. Approved 7:0. The Mayor has created a similar body to advise on issues faced by our young adults.
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. This item was continued because the Planning Commission did not meet on March 13, 2019.
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. This item was continued because the Planning Commission did not meet on March 13, 2019.
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." Approved 7:0. We have now officially selected the current Waste Water Treatment Plant site as the site for the new treatment plant. And we have now selected membrane bioreactors as our technology of choice. We are a bit ahead of the State-mandated deadline to make these declarations.
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. Approved 7:0. The Mayor is now authorized to take out this loan from the State Water Quality Board. This loan will save us around $25M over the life of the project.



Adjournment

A motion to resume the closed session was approved 7:0.