Sorry, everyone, for this being so late. There has been a lot of discussion and exploring going on related to parking, and this kept me from finishing up my previews. Besides the parking items, the department reorganization and new department is a pretty big deal. I also feel that allowing detached accessories is a big change that will have long term impact.
PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
12:00 PM, Tuesday, June 18, 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.
Budget Committee
- A discussion regarding changes to the FY 2019-2020 Tentative Budget. (19-004)
Some changes have been made to the FY 2019-2020 Tentative Budget. In addition to noting these changes for the Council, John Borget will also discuss the changes to the Consolidated Fee Schedule and the new job descriptions updated after the addition of the deputy chief position in the Police Department. So far there have been few adjustments and no requests for changes. I believe this is due to the robust process that we went through before the budget was proposed and because the council and administration communicated and collaborated on the priorities addressed by the budget. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
Business
- A discussion regarding an appropriation for the Airport operating budget. (19-078)
The Airport would like to increase their operating budget by $60,000; $30,000 for personnel, and $30,000 for operating costs. The need for the increase in personnel is mostly being driven by overtime expenses. The Airport typically goes through this budget by September. It has been increased in the FY2020 budget as a supplemental request, but needs to be increased in FY2019 to cover what has occurred in the current year. This cost is driven by staff's requirement to have someone at the airport for every commercial flight.
The need for the increase in operating expenses is due to multiple other factors as well. The cost of snow removal at the airport this year was double what it was last year due to the amount of snow. They also had an unexpected one-time expenditure to receive environmental clearances for new hangar pads; the low bid received for our entry landscaping maintenance contract was much higher this year, and they also had some property appraisals done for potential land purchases. The Airport is covering the cost of this appropriation with higher-than-budgeted revenues. As of today, they are already $26,000 above budget. They are confident that with the remaining parking revenue set to come in (estimated at approximately $30,000, received in account 3832-Lease), $20,000 from Allegiant for passenger and landing fees, and $10,000 anticipated in fuel flowage fees, they will have the revenue needed to cover this appropriation. With increased usage come both increased expenses and increased revenues. This appropriation will allow the airport to use the increased revenues to pay for their increased expenses. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
- A discussion on the creation of Community and Neighborhood Services and Development Services. (19-036)
During the Mayor's State of the Union delivery in January 2019, she announced that the Administration would be restructuring to create two separate departments in order to provide better service delivery to residents in the form of a one stop shop for development. The two departments - Dept. of Community and Neighborhood Services and Dept. of Development Services - would be created by taking the tasks held in Economic Development, Redevelopment Agency, and then divvy up some of the services from Community Development and Public Works to get the employees for these departments. The Administration will address the Title 2 amendments necessary to formally create the Department of Community and Neighborhood Services and the Department of Development Services. This past week I had a frustrated neighbor approach me because a lot subdivision request that affected her future plans was denied. She wanted to know who to talk to overturn this decision. I had to explain that it is not my role to overturn staff decisions, but to set city policies and provide oversight, to establish the framework in which the city provides services. Yes, it's all very bureaucratic, and it takes time and effort to make changes. This effort, years in the making, is an attempt to streamline the development process and to make it easier to navigate and get clear answers for people like my neighbor. It is not a trivial matter to create and reorganize city departments. Presentation only. This item will be scheduled for the Council Meeting on July 9, 2019.
- A discussion regarding the parking requirements and Transportation Demand Management plans for multi-family developments. (19-074)
The Housing Executive Committee has met to discuss the idea of amending the parking requirements for multi-family developments. There is currently an exception for non-profit entities with regards to those building multi-family developments. Council has attempted to provide alternatives to developers by approving a Transportation Demand Management program for developers of multi-family developments. This discussion is intended to provide further clarification on this issue. The city has struggled to find the right requirement for parking. Parking is expensive and impacts the cost of housing in the city. Too much parking needlessly raises the cost of housing. Too little impacts both the residents of the housing and the residents near the housing. The TDM program could be a way to allow savings on parking by developers designing and building aspects into their project that reduce the demand for parking. Presentation only. This item will be presented to the Housing Committee for review after a proposal is drafted.
- A discussion on a proposed ordinance amendment to Provo City Code Chapter 9.17 (Civil Infractions) parking violations (19-023)
"The amendments to the Civil Infractions chapter are necessary for two reasons. First, to restructure the fee schedule to comply with Utah Legislature HB0336 which modified the assessment of late fees for violations and will cause the City to be out of compliance as of July 1st, 2019. Second, a proposed increase to all the violation fees to generate an average increase of 25% to the annual revenue generated to cover expected Parking Enforcement operations for the next five budgeted years.
A couple years ago, Parking Enforcement started the transition to become a stand alone function separate from Police and was officially under the oversight of the Customer Service Department in December of 2017. After a full year of analyzing the operations, including staffing, rebranding, equipment, establishing routes, etc.as well as identifying potential immediate and future needs for the enforcement effort, an operating costs vs. revenue analysis has been completed. An increase in the current operating budget and the budget for the next few years will be necessary.
Provo's City's Civil Infraction or Parking Violation Code has not been modified for over 10 years, and the parking violation fee amounts longer than that. Since the City needs to restructure the fees to comply with the new law, and there is the data to propose and support an increase in fee amounts, it seems appropriate to satisfy both needs at this time. The proposed new fees are in line with surrounding cities and with BYU. The new structure allows for a discount as an incentive to pay on time rather than penalizing a late payer." Consistent, dependable, credible enforcement of parking regulations will do much to alleviate parking problems in Provo. I do want to make sure that we are complying with the spirit of the new state law, and not just the letter based on a technicality. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
- A discussion regarding the HOME Consortium Interlocal Agreement. (19-075)
This is a renewal of the HOME Consortium agreement that brings several local government agencies together with Provo as the lead entity. The consortium manages federal funds from the HOME Program. As the seat of the county, it makes sense for Provo to be the lead entity of the consortium. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
- A presentation regarding the annexation process. (19-076)
Annexation is a critical but sometimes complicated process. This presentation will outline and clarify the process and highlight the Council's role. We've seen an uptick in annexation requests, with one recently withdrawn and another on the meeting's agenda. We deal with these so infrequently that it will be good to review the process. Presentation only.
- A discussion regarding the East Bay Annexation. (PLANEX20190140)
It has been suggested that a parcel of land located at approximately 1860 South and Colorado Avenue be annexed into Provo City. The owners have submitted all of the necessary documentation. There are no conflicting water rights in the area. The plan for the area is to build a storage unit called East Bay Self Storage. Construction on the project is anticipated to be completed in April 2020. I believe this is in our existing annexation plan. So far, I haven't seen a reason to deny the petition. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
- A discussion regarding a resolution authorizing the Chief Executive Officer to enter into a lease agreement with Blue Sky Development to allow them to utilize parking spaces for a pending mixed-use project at 105 East Center Street. (19-070)
Staff has been working with McKay Christensen on a proposed mixed-use development at the corner of Center Street and 100 East. The ground floor will be commercial and the remaining floors will be residential with a mix of studio, one- and two-bedroom apartments. Mr. Christensen intends to provide all the necessary parking for his project in a parking structure at the center of the complex. However, the cost to provide parking onsite for his commercial uses is proving to be cost prohibitive. Mr. Christensen is requesting he be allowed to utilize a portion of the 204 parking spaces allocated to the Redevelopment Agency in the Wells Fargo parking structure. The Redevelopment Agency previously approved 63 East using 40 of those spaces for the residents of 63 East. Our discussion two weeks ago highlighted several complications with this request. I support the project and feel that the Redevelopment Agency has a part to play in this, but there is no simple way to approve the request. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
Business
- A discussion regarding an update to Provo City Code Title 10 making amendment to the Sewer and Water Chapters of the Title. (19-072)
Changes to Title 10 - Water Resources Chapters 10.02 (Water Service - General Provisions), 10.03 (Sewer Service - General Provisions), and 10.04 (Pre-treatment Program). These changes update the code to create consistency with the development guidelines and comply with State and Federal regulations. We discussed this two weeks ago. The document for Chapter 10.04 is much easier to read, but it is still difficult to understand what exactly is changing. I have a couple questions, but based on our previous discussion, I assume I'll be ready to vote on this by the evening meeting. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
- A discussion of proposed amendments to Provo City Code 15.03.035 (Grading) to clarify and change requirements related to grading and grading permits. (19-002)
"The Foothills Protection Committee has met for the last several months to discuss areas they can assist in the preservation and protection of the Provo City Foothills. This particular ordinance amendment stems from the discussion that Council had during the April 23, 2019, Work Meeting. This is the proposed legislation relating to the initial step that was discussed by the Committee to prevent grading issues in the future. The three things which are being discussed are:
- Require a Project Plan Proposal with each grading permit. Currently, Provo City Code Section § 15.03.035(2) (Grading) indicates that grading permits can be “obtained at the office of the Provo City Engineer after completion of an application for permit complying with any and all permit requirements.” There are 12 requirements from in PCC § 15.03.035(2) for developers to fulfill. However, if developers were required to provide a plan to fulfill these requirements at the project proposal stage, they will be less likely to abandon grading projects. The additional effort on the part of those seeking a grading permit and gives additional information to Engineering in order to help them as they review projects.
- Increase bonding requirements for grading permit projects. The grading permit requirements found in PCC § 15.03.035(4) currently require that:
- the work is completed by a licensed qualified contractor,
- payment of all required permit fees and bonds are received prior to commencement of any work, and
- the project complies with any special conditions required by the City Engineer.
The Foothills Protection Committee believes that the bonding requirements for grading permits should be increased. Any permit which requires cutting should be given special scrutiny to ensure that the projects are completed to the expected standards.
- Require a landscaping plan as part of the project proposal. If each project has a landscaping plan, this would show the City the contractor intends to beautify the project upon completion and leave the project in better condition than when they began. This would also provide the Engineering Division additional information on how the contractor intends to beautify the area upon completion of the project. The landscaping component of the project proposal would also likely result in an increase of the bonding requirement.
" I support the work of this committee and look forward to their presentation. I like the sound of what they are proposing so that we can prevent the problems we saw a couple years ago near the mouth of Provo Canyon. Presentation only. Additional clarification is needed on whether or not these proposed amendments apply to grading occurring in conjunction with a building permit. After this point is resolved, this item will be brought back to the July 9, 2019 Work Meeting.
Policy Items Referred From the Planning Commission
- A discussion about a Zone Change from Public Facilities (PF) to Low Density Residential and a General Plan Amendment from PF to Residential for 0.78 ac to allow 4 townhomes at 862 E Quail Valley Drive. Edgemont Neighborhood. (PLGPA20190009&PLRZ20180430)
The subject property is an infill parcel located between the existing office building on Quail Valley Drive and the Timpview High School Seminary. The applicant is proposing to amend the General Plan Land Use Map designation for the property from Public Facilities (PF) to Residential (R) to allow for a six-unit, single-family townhome development project. Planning Commission recommended approval. I believe it is best to have a variety of housing types mixed in throughout our city. I still need to understand this particular proposal better, but in general, this appears to be an appropriate place to have four townhomes. It is between a seminary and an office building and would be accessed directly from a main road. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
- A discussion regarding a request for ordinance text amendments to consolidate Chapter 14.30 S-Supplementary Residential Overlay Zone with Chapter 14.46 A-Accessory Apartment Overlay Zone. City-wide application. (PLOTA20190120)
This item is an Ordinance Text Amendment to consolidate Chapter 14.30 S - Supplementary Residential Overlay Zone with Chapter 14.46 A - Accessory Apartment Overlay Zone, as well as adopt related amendments. This item was first heard at the April 24, 2019, Planning Commission meeting where it was continued to the May 22, 2019, meeting. The amendment was discussed in detail at the May 22, 2019, Planning Commission’s Study Session along with the comments submitted by Paul Evans, the Pleasant View Neighborhood Chair. The item was then continued at the May 22nd meeting, to allow time for staff to present the changes discussed at the study session. Staff has made changes to the proposed amendment based on comments at the May 22, 2019 study session. The new changes are of two kinds: The first includes formatting and grammatical changes. The second group includes changes that add wording meant to clarify the intent of particular sections. Planning Commission recommended approval. I support the concept of this proposal, but I don't think we are ready to implement it. This will impact areas that already have an A or S overlay applied, but I don't feel the residents of these areas have been properly notified of the proposed changes. I also feel that we need reliable enforcement to educate and deter people from misusing these new uses, and I do not yet have confidence that we are there. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
- A discussion on a request for a zone change for approximately 2.12 acres of real property, from R1.10 to a Project Redevelopment Option Zone (PRO), generally located at 1320 S State Street. Spring Creek Neighborhood. (PLRZ20190100)
The subject property is an infill parcel located between the existing Provo School District bus barn site to the south, State Street to the east, a Provo City Power substation to the west, and the previously approved Autumn View townhome project to the north. The site has been vacant for a number of years and is located in an area intended for medium density development according to the Southeast Provo neighborhood plan. The proposed rezone will allow a new multi-family housing project consisting of 64 two bedroom condominium units divided among four (4) four-story buildings with four (4) units per floor. Planning Commission recommended approval with conditions. There is a lot to like about this proposal. I believe it will be a solid step towards addressing the affordability problems with housing in Provo. If I have a gripe about the project, though, it would be in the layout of the buildings. I'm not a fan of stacking apartment buildings as if they were rows of filing cabinets. Presentation only. This item was already scheduled for the Council Meeting on June 18, 2019.
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
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:30 PM, Tuesday, June 4, 2019
Opening Ceremony
Items in this category do not involve legislative action.
Presentations, Proclamations, and Awards
- Presentation of Awards from the Utah County Child Abuse Prevention Team. (19-077)
We live in a great community because of the many people who volunteer and work on behalf of others. Presentation only.
- Presentation by the Utah Geographic Information Council Conference Map Contest winner. (19-079)
Stan McShinksy is a web developer for our GIS Team and creates amazing map-based art. 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.
Action Agenda
- A resolution authorizing the execution of an interlocal cooperation agreement to authorize Provo's participation in the UT Valley HOME Consortium in US Dept of Housing and Urban Development's HOME Investment Partnership Program (Fed FY20-22) (19-075)
This was item 7 on the work meeting agenda. See my preview for item 7 in the earlier meeting. Approved 7:0.
- A public hearing and an ordinance adopting a budget for Provo City Corporation for the fiscal year beginning July 1, 2019 and ending June 30, 2020, in the amount of $254,958,760. (19-004)
This is the final public hearing as part of the budget process as required by Section 10-6-111(3) of the Uniform Fiscal Procedures Act for Utah Cities. More information about the budget process can be found on our website. This should be the final step in passing the budget for next year. A substitute motion was made to revise the final total budget; correct references for consistency; amend the certified tax rates in lines 58 to 60; and amend the consolidated fee schedule to increase the airport parking fee to $6. The ordinance was subsequently approved 7:0.
Stormwater Service District
- A public hearing and a resolution adopting a budget for the Provo City Stormwater Service District in the amount of $5,123,278 for the fiscal year beginning July 1, 2019 and ending June 30, 2020. (19-006)
This is the final public hearing required to establish the budget. This should be the final step in passing the budget for next year. A substitute motion was made to update the budget total and the resolution approved 7:0.
Redevelopment Agency of Provo
- A public hearing and a resolution adopting a budget for the Redevelopment Agency of Provo City Corporation for the fiscal year beginning July 1, 2019 and ending June 30, 2019, in the amount of 2,429,132. (19-005)
This is the final public hearing required to establish the budget. This should be the final step in passing the budget for next year. A substitute motion was made to update the budget total and the resolution was approved 7:0.
- A resolution authorizing the Chief Executive Officer to enter into a lease agreement with Blue Sky Development to allow them to utilize parking spaces for a pending mixed-use project at 105 East Center Street. (19-070)
This was item 10 on the work meeting agenda. See my preview for item 10 in the earlier meeting. A motion to call the question failed 2:5, with Councilors David Harding, David Knecht, David Sewell, George Handley, and Gary Winterton opposed. A substitute motion to continue the item to the July 9, 2019 Council Meeting was approved 7:0.
Action Agenda
- A resolution appropriating $139,530 from the General Fund in the Fire Dept. General Fund for the purchase of a temporary apparatus facility during the relocation of Fire Station 2 applying to the fiscal year ending June 30, 2019. (19-073)
This is a resolution appropriating $139,530 from the General Fund for the purchase of a "membrane" structure for the housing of fire apparatus and other emergency vehicles during the demolition and reconstruction of Fire Station #2. The structure will then be relocated to fleet services for reserve apparatus storage and fleet maintenance purposes. We talked about this last week. This is how I reported that discussion, "1. The cost to rent is more than the cost to buy (though it is a different structure). 2. Since this is a purchase that will last longer than the immediate need during the building of the new fire station, project leaders were uncomfortable with using bond money for the purchase. 3. Because actual costs for the temporary staging site are higher by about the amount estimated for the structure rental, the whole amount of the structure purchase, set-up, and eventual move is being asked for as an appropriation." Approved 7:0.
- A resolution appropriating $60,000 from the General Fund in the Airport Fund for personnel and operating costs applying to fiscal year ending June 30, 2019. (19-078)
This was item 3 on the work meeting agenda. See my preview for item 3 in the earlier meeting. A substitute motion to correct the resolution to state that the appropriation would come from the Airport Fund balance was approved, after which the resolution was approved 7:0.
- A resolution accepting or denying an annexation petition for further consideration for approximately 2.55 acres of property generally located at 1860 South and Colorado Avenue. East Bay Neighborhood. (PLANEX20190140)
This was item 9 on the work meeting agenda. See my preview for item 9 in the earlier meeting. A motion to accept the petition was approved 7:0.
- An ordinance amending Provo City Code to correct and update Title 10 (Water Resources). (19-072)
This was item 11 on the work meeting agenda. See my preview for item 11 in the earlier meeting. Approved 7:0.
- An ordinance amending Provo City Code Chapter 9.17 Civil Infractions (Parking Violations). (19-023)
This was item 6 on the work meeting agenda. See my preview for item 6 in the earlier meeting. Approved 5:2, with Councilors David Sewell and George Handley opposed.
- An ordinance amending General Plan regarding a designation change from Public Facilities (PF) to Residential (R) for approximately 0.78 acres located at approximately at 862 East Quail Valley Drive. Edgemont Neighborhood. (PLGPA20190009)
This was item 13 on the work meeting agenda. See my preview for item 13 in the earlier meeting. Continued to July 9, 2019 Council Meeting.
- An ordinance amending the Zone Map classification of approximately 0.78 acres of real property, generally located at 862 East Quail Valley Drive, from Public Facilities (PF) Low Density Residential (LDR). Edgemont Neighborhood. (PLRZ20180430)
This was item 13 on the work meeting agenda. See my preview for item 13 in the earlier meeting. Continued to July 9, 2019 Council Meeting.
- An ordinance to amend Provo City Code to consolidate Chapter 14.30 (S-Supplementary Residential Overlay Zone) with Chapter 14.46 (A-Supplementary Residential Overlay Zone) and adopt related amendments. City-wide application. (PLOTA20190120)
This was item 14 on the work meeting agenda. See my preview for item 14 in the earlier meeting. Continued to a future meeting.
- An ordinance amending the Zone Map classification of approximately 2.1 acres generally located at 1320 S State St, from Residential (R1.10) to a new Entry Level Housing (ELH) Project Redevelopment Zone. Spring Creek Neighborhood. (PLRZ20190100)
This was item 15 on the work meeting agenda. See my preview for item 15 in the earlier meeting. Approved 7:0.
- ***CONTINUED*** The Community Development Department requests approval of the 2019 Moderate Income Housing Plan, which is an update to the existing plan. City-wide application. PLGPA20190194
This item was not ready to be heard
- ***WITHDRAWN*** Julie Smith requests the annexation (Peay Annexation) of 13.45 acres of property into the incorporated limits of Provo City, located at approximately 5400 N Canyon Road. North Timpview and Riverbottoms Neighborhoods. PLANEX20180355
This item was withdrawn by the applicant.
Adjournment
Thanks. Elsie McClellan
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