Council Meetings - 4 June 2019

This will be the first public hearing on our $280M budget. We will be making some decisions about Downtown parking. But the item that will likely generate the most public feedback will be the offer to buy Timp Kiwanis Bounous Park.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

2:00 PM, Tuesday, June 4, 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.

1. 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)
   Blue Sky Development is planning a mixed use development at the corner of Center Street and 100 East. They will park their residential tenants but need assistance parking their commercial tenants and are requesting the use of some of the Agency's spaces in the Wells Fargo tower. Provo's RDA (Redevelopment Agency) helped pay for the parking structure next to the Wells Fargo building. We own some of the parking stalls there. This was done to help make the Wells Fargo project happen, as well as to give us the ability to use that parking in the future to help make future projects happen. Well, the future is now. The Blue Sky project is both a residential as well as a commercial project, similar to what we've been asking for in our Downtown. The project will have parking on site for the residential component, but wants to rent some of our spaces in the Wells Fargo garage for their commercial customers.
   
   I do have some questions about how this will work and be managed. This item was already scheduled for the Council Meeting on June 4, 2019, however a motion to continue the item was approved 7:0. Right now the parking in the garage is not managed. For the most part, it is open and free to the public. When asked, the presenter explained that the plan for the foreseeable future is for the parking stalls to continue to be unmanaged. There isn't really a good way to ensure that the stalls are being used by patrons to the businesses and restaurants who would be leasing the spaces. I, as well as other councilors, have concerns about entering into long term leases of these spots. I support the Blue Sky project, but I'm not sure this is the best way to provide parking for the project.



Business

2. 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. This is mostly a code clean up and streamlining by referring to applicable State and Federal regulations. The changes to the section on sewer treatment are fairly extensive, so it is harder to follow what is actually being changed. Presentation only. This item will be heard at a future Council Meeting. We gave it a preliminary thumbs-up. It'll be brought back to a future Council Meeting. Hopefully, the third document will be formatted in a way that it is more understandable.
3. A discussion regarding the repeal of Provo City Code Section 2.60.040 (19-071)
   This section of the code reflects historic procedures in the Council office that predated the current use of technology to facilitate publication of meeting materials. This was a good catch by our staff. Departments don't need to submit a paper copy of proposed ordinances to me. Presentation only. This item was already scheduled for the Council Meeting on June 4, 2019. There were no concerns with this proposal.
4. A discussion regarding an appropriation for a temporary apparatus facility during the relocation of Fire Station #2 (19-073)
   When the new Fire Station is being built the Fire Department is going to be temporarily relocated during that time. They have a location they'll be leasing for living quarters for the firefighters and intended to lease the location for the fire apparatus. However, when they ran the numbers, they found the cost for leasing the apparatus during this time to be near what it would cost to purchase outright. They believe they can re-use this temporary facility for apparatus storage and move it to the Public Works Fleet Management and re-assemble for apparatus storage. My understanding is this is for the structure used to shelter the fire truck when not in use. The cost to rent is not much less than the cost to buy and if we own the structure then we will be able to use it in the future. Presentation only. This item will be scheduled for the Council Meeting onJune 18, 2019. 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.



Budget Committee

5. A discussion regarding Fire Department budget requests. (19-004)
   The Fire Department requested two appropriations. First, they requested a capital equipment replacement fund creation. This would be similar to the Recreation Center where they put money into a fund so they can replace equipment as needed. And second they requested a civilian Dispatch Director, someone who could manage the Dispatch office and wouldn't require Civil Service entry. They were granted funding for the civilian Dispatch Director, but not the replacement fund. The Chief will come and explain each of these requests in more detail and spend time answering questions for the Council. This is the last in the series of discussions with departments regarding their budget requests and what actually made it into the budget. Presentation only. The new Dispatch Director frees up a sworn police officer who can help with our police staffing needs. I support the use of the replacement fund, though we will not be able to fully fund this year's contribution. Use of these kind of funds make our budget more sustainable and predictable. We are paying for what we are using, rather than expecting future tax-payers to bond for replacements.
6. A discussion regarding the Provo City Citizens' Budget. (19-004)
   Council staff have prepared a user-friendly document that highlights and compares items from the proposed FY2020 Provo City budget. This summary is very helpful to anyone looking for a (relatively) quick overview of the current budget and financial health of the city. Presentation only. I don't know how much longer this stretch of sustained economic growth will last, but we've been blessed with prosperity. I feel that we've been making some difficult decisions now that will put the city on a solid foundation to face times that aren't as prosperous.



Policy Items Referred from the Planning Commission

7. The Provo City Community Development Department requests an amendment to Section 14.38.085(7) to clarify limitations on signage within the North University Riverbottoms Design Corridor. City-wide application. PLOTA20190026
   Provo City Community Development is requesting an ordinance amendment to subsection 14.38.085(7), to clarify prohibited signs in the North University Riverbottoms Design Corridor. Section 14.38.085 was enacted in 1996 to provide consistent design through this part of that City, and minor adjustments have been made over the years. Due to recent concerns about what types of signs are allowed, staff has brought forward this proposal to clean up language and clarify what signage is prohibited. The proposed language explicitly prohibits any signs that are not otherwise authorized by subsection one, which clarifies the restriction for property owners and residents in the area. This ordinance would fix some ambiguity that might be argued to create a loophole in the sign ordinance. Presentation only. This item was already scheduled for the Council Meeting on June 4, 2019. See the report for item #11 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, June 4, 2019

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

1. Judge Romney receives Utah State Justice Court Judge of the Year Award
   Judge Romney has served the city well for a dozen years in this capacity. It is great to see his exemplary service recognized by his peers. Presentation only.
2. Introduction of the new Wasatch Neighborhood Chair, David Acheson
   I'm grateful to neighborhood chairs from across the city who give so much for the betterment of our community. Presentation only.
   

   Approval of Minutes

3. April 23, 2019 Council Meeting
   Approved by unanimous consent.
   

   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

4. A public hearing regarding a resolution approving the Program Year 2019 Annual Action Plan, Fifth Year update to the 2015 Five-Year Consolidated Plan, as amended. (19-059)
   The CDBG and HOME Programs provide the City of Provo and other local governments with the opportunity to develop viable urban communities by funding activities that provide decent housing, a suitable living environment and by expanding economic opportunities, principally for low- and moderate-income persons. Funds are awarded to carry out a wide range of community development activities directed towards neighborhood revitalization, homeownership and condition of housing stock. The Programs are administered by the Community Planning and Development Office of the U.S. Department of Housing and Urban Development (HUD). Every year, as Lead Entity for the Utah Valley HOME Consortium, Provo City submits an Annual Action Plan (an update to the Five-Year Consolidated Plan submitted to HUD) outlining the goals, objectives and the proposed use of federal CDBG and HOME resources to address housing, economic development, and community development projects to be undertaken. This is the second of two required public hearings. We are implementing a new procedure that allows for better coordination between local funding governments in the valley that will reduce the amount of paperwork and regulations that our local charities have to manage. When the plan was first presented a month ago, there were a couple of oddities that the new procedure had produced. It appears that those oddities were fixed. Approved 7:0. The oddities were still there. Between the three agencies, a couple of items were funded above the requested amount, even while other really important programs didn't get the funding they sought. We were assured that all of the money we were directing would be used for the residents of Provo. If we had reduced the contribution amount to those programs, it would mean that fewer people from Provo could be helped.
5. A public hearing on 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, and amending elements of Provo City Code. (19-004)
   This is the first of two public hearings 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. There will be one more public hearing on the budget at the June 18th council meeting, when we will consider adopting the budget. I highly recommending anyone interested in our budget to read the "Citizen's Budget" summary prepared by the Council Office. Public hearing only; no final action taken. We intend to adopt the budget at our next meeting.



Redevelopment Agency of Provo

6. A public hearing on 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 first of two public hearings required to establish the budget. The next public hearing is scheduled to take place at the Council Meeting on June 18, 2019. Same as the city budget, but for our Redevelopment Agency. Public hearing only; no final action taken. We intend to adopt the budget at our next meeting.
7. 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 1 on the work meeting agenda. See my preview for item 1 on the work meeting agenda. This item was continued during the Work Meeting on June 4, 2019.
8. A public hearing on 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 first of two public hearings required to establish the budget. The next public hearing is scheduled to take place at the Council Meeting on June 18, 2019. Same as the city budget, but for our Stormwater Service District. Public hearing only; no final action taken. We intend to adopt the budget at our next meeting.



Action Agenda




Stormwater Service District

9. A resolution authorizing the Mayor to execute the sale of the Timp-Kiwanis Park to the Provo School District. (18-018)
   Provo School District needs to expand the Timpview High School campus and has submitted a contract for the purchase of the Timp Kiwanis Bounous Park (TKP) property adjacent to the high school. TKP is on the surplus property list. If approved, the sale is contingent upon approval of the Land and Water Conservation Fund (LWCF) conversion proposal of TKP from the National Park Service (NPS). If approved for sale and upon approval from the NPS, the proceeds are required, per LWCF requirements, to be used for the purchase of 60 acres of property in Southwest Provo. We have received the LWCF conversion approval. There have been so many steps in this process that required council action. I believe that we are finally getting to the end of the process. Now is the time to execute all that we've been talking about for so long. I am looking for an outcome that helps the school district and keeps a comparable level of park amenities for the residents in this area of our city. A motion to substitute the implied motion with a version of the resolution including a contingency provision was approved, after which the item was approved 5:2, with David Sewell and George Handley opposed. This was the blockbuster item of the day. We have discussed this in public meetings for years. There is a new park that will be developed just three blocks north of this plot. This deal resolves several difficulties for both the school district and the city. The only hang up was that the school district had said many things about how the property would be used and would be available to the public in the future, but hadn't put those words in writing and it wasn't clear if they were taking those words back.
   
   The contingency provision was that the district had to put their intent regarding no major structures and public access in writing. They did this and the deal has now been executed.
10. A resolution appropriating $2,200,000 in the Parks and Recreation Capital Improvement Plan Fund for the purchase of property located on Lakeview Parkway, applying to fiscal year ending June 30, 2019. (19-069)
    The Parks and Recreation Department is intending to purchase a parcel of land located on the west side of Provo just off the Lakeview Parkway and they are intending to use this parcel for open space, regional fields, and in ways they believe will benefit the economic development of the west side of Provo. This discussion was started when the City discovered they were non-compliant with a parcel of property that was purchase with Land and Water Conservation Funds (LWCF). The property had fallen out of compliance due to the requirements of Timpview High relative to the parcel. The LWCF rules indicate that parcels purchase with this money cannot limit access to the community. Since Timpview High was regularly limiting the use by using a portion of the property for sports practices and limiting participation from the community on a regular basis, the decision was made to sell the Timp-Kiwanis Park property to the Provo School District. The LWCF further has restrictions on where that money can be spent. In order to comply with LWCF regulations the decision was made to take that money and put it into this parcel to use for the purposes stated. The appropriation will be funded by the transfer from the General Fund and then repaid from the revenues from the sale of Timp-Kiwanis Park. This project will benefit the whole of Provo, especially our youth and the sports programs geared toward them who do not have enough fields to play on. Approved 7:0. Provo will be able to provide enough fields for our children and adults to play sports on, and will be able to host regional tournaments.
11. An ordinance to amend Provo City Code to clarify limitations on signage within the North UniversityRiverbottoms Design Corridor. City wide Application. (PLOTA20190026)
    This was item 7 on the work meeting agenda. See my preview for item 7 on the work meeting agenda. Approved 7:0. I'm glad that ambiguity is addressed.
12. An ordinance repealing Provo City Code Section 2.60.040 (19-071)
    This was item 3 on the work meeting agenda. See my preview for item 3 on the work meeting agenda. Approved 7:0. It's important to always be maintaining our code. Clean, understandable code is part of transparency.
13. ***CONTINUED*** Brady Deucher requests a Zone Change from R1.10 to Medium Density Residential for approximately 2.1 acres located at 1320 S State Street. Spring Creek neighborhood. PLRZ20190100
    This item was not ready to be heard.
14. ***CONTINUED*** Brady Deucher requests an Ordinance Text Amendment to Section 14.37.050 to allow the city to consider parking reductions for affordable housing developments. City-wide application. PLOTA20190170
    This item was not ready to be heard.
15. ***CONTINUED*** Community Development Department requests 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 was not ready to be heard.
16. ***CONTINUED*** 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 not ready to be heard.



Adjournment