There are some hefty items on the agenda, including discussions on sewer system expansion planning, funding the new Airport Terminal, Accessory Dwelling Units, Parking Permit Programs, and design standards.
PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
1:00 PM, Tuesday, August 27, 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.
Business
- A presentation on policy updates from the Utah League of Cities and Towns. (19-089)
Cameron Diehl, Executive Director of ULCT, will update the Council on the work of the Utah League of Cities and Towns over the past few months. ULCT is an important partner in advocating for local interests at the State Capitol and for helping local governments understand how to comply with state statutes. It's always good to hear from and collaborate with the League. Presentation only.
- A discussion regarding sewer capacity west of I-15 and a consideration of options. (19-085)
For many years, City officials in Provo have known that sewer system capacity was a limiting force in further residential and commercial development in Provo west of Interstate 15. The wastewater collection system in west Provo was planned for many years based on most of west Provo remaining in agricultural use as identified in the general plan. However, in the last 10-15 years, there has been greater demand for additional residential development in this area. Within the last few years, the City has adopted a new Southwest Area Plan in the General Plan document that gives much more specificity as to planned development and density in the area. Additionally, Provo High School has moved to the northwest area in the city, consuming some sewer capacity and likely stimulating more growth in the future in this area of the city. Provo School District has also announced plans to relocate Dixon Middle School to southwest Provo in the next few years, which will also require added sewer capacity in this part of Provo.
With a number of forces at work, many landowners and developers in the area have argued that additional sewer capacity on the west side has become more critical and time-sensitive, and would like to approach the Council to consider strategies to accelerate capacity expansion.
Council leadership has asked that Public Works staff come to the work meeting on August 27 to provide some history and context and to talk specifically about the current CIP plan and how it relates to this increasing demand. They have also offered to some of the larger developers and landowners in this part of Provo to present their plans and perspectives on September 10. Our hope is that if the Council would like to see any alternatives to the current CIP plan and strategy, the Council would ask staff after the September 10 meeting to develop some scenarios that could be considered.
The Administration sees this as an important policy question that impacts the City budget, development pace on the west side, housing availability, agricultural preservation, transportation, and other important policy issues. The Council's consideration of any potential policy changes should be made carefully with good data and careful consideration, and these discussions are intended to begin a dialogue with the stakeholders to see if a change in current policy is warranted or advisable. A couple years ago I lead the effort to gather a broad group of residents and stakeholders to plan for development in West Provo. We ended up with a document of seven Development Policies to guide future development. At the time there was a lot of pressure to make some decisions about the direction development would go. One thing that was said over and over was, "We need to hurry and make a plan, but our plan won't be to hurry the development." Presentation only. A presentation was scheduled for the Work Meeting on September 10, 2019, in which several members of the development community would present to the Council on related west side sewer considerations.
- A discussion regarding a resolution authorizing City Administration to accept a State of Utah Infrastructure Bank Fund Loan for improvements related to the Provo Airport Terminal Project. (19-087)
The Public Works Department intends to apply for a $5 million State of Utah Infrastructure Bank Fund loan to front the costs of infrastructure for the new Airport Terminal. The application for the loan will be considered before the Utah Department of Transportation Commission in September. Prior to receiving funds, the Commission requires a resolution by the Council. It is anticipated that MAG funding to be programmed for 2023-2024 will be used to repay the loan. During the legislative session this spring, we made a successful bid to line up partners at the county, regional, and state level to go along with the federal money that we had access to, in order to position the airport to serve the community and region for decades of growth. Rather than bonding, the City would take out a State loan that would be repaid with Regional money. We'll be learning more about the details in the meeting. A motion to support both funding sources for the projects enumerated was approved 6:0, with David Sewell excused.
Presentation only. Following a review by the State's Transportation Commission, Public Works staff may return after September 20, 2019 to a Council Meeting in October or November.
- A discussion regarding an Interfund Loan from the Energy Fund to the Wastewater Fund for sewer improvements related to the new Airport terminal. (19-088)
Public Works will need to install sewer improvements on the west side of the City in order to meet the requirements of a new Airport terminal. In order to meet the required timelines for terminal construction short term financial assistance is needed, which is available from the Energy Fund by means of an inter-fund loan. This short term $4 million loan would meet requirements of Utah State Code and would be repaid in full with interest. This is related to the last item. As part of the new Terminal, the City needs to come up with our portion of the money. I'm wary of borrowing money from the Energy Fund, but this may be the best option available to us. I believe that that will be the crux of the discussion. [The motion for item 3 also applies to this item.]
Policy Items Referred From the Planning Commission
- A discussion regarding the annexation of a property generally located at 1860 South and Colorado Avenue, partially in the East Bay Neighborhood. (PLANEX20190140)
This item is an annexation request for property located at 1640 S. Colorado Avenue. The subject area is located on the south edge of the current Provo boundaries, on the north side of 1860 South, and on the east side of the Western Metals Recycling property. Although the total property includes 3.85 acres, part of the property is already within City boundaries, with the actual size of the proposed annexation being only 2.547 acres. The applicant is Thomas Hunt, the project engineer, but the petition signer is Spencer Wright, representing East Bay Self Storage, LLC.
By City Ordinance, and without a concurrent zoning application, an annexed property “shall be deemed to be classified in accordance with the lowest density zone allowed by the land use designation set forth for the subject property in the Provo City General Plan.” The lowest density, or least intensive industrial zone would be the M-1 “Manufacturing” Zone.
A project plan for the site is being reviewed by the City’s Coordinators Review Committee (CRC) and the concept plan is attached to this report. The proposed use for storage units would be permitted under SLU#6370 within either an M-1 or M-2 Zone. The actual project plan will be presented to the Planning Commission for approval subject to approval of the annexation by the Municipal Council.Questions have been raised regarding the non-inclusion of other properties with this annexation request, especially as the applicant also owns one of the two adjacent properties to the east. At issue is the desire to extend the City’s boundary to eventually match that of shown in the Annexation Policy Map versus annexing only this one property at this time. In order to consider the larger area, there would be a need to contact and discuss the proposal with all property owners, and then a need to determine which properties could be included based on the number of owners who would actually sign the petition, and what percentage of the overall property value their lands would represent. Because that process would likely take several months if not longer, it would obviously cause a delay for this applicant in the approval and development of their property.
Planning Commission recommended approval. I like the idea of this agreement that tries to help the city move forward with the broader annexations but still helps the applicant by moving the first annexation forward in a timely manner. I do worry, though, that despite the agreement, moving forward with the first one without doing the whole group will make it harder to complete the annexations. Presentation only. This item was already scheduled for the Council Meeting on August 27, 2019.
- A discussion of an ordinance amending the zone map classification of the Amanda Knight Hall, located at 800 North University Avenue, from Public Facilities (PF) to Campus Mixed Use (CMU). Joaquin Neighborhood.(PLRZ20190244)
Amanda Knight Hall, built in 1938-1939, is a women’s dormitory formerly associated with Brigham Young University in Provo, Utah. The dormitory is located at the corner of 800 North and University Avenue, just two blocks north of the original campus of the university. Brigham Young University sold the property earlier this year to Mountain Classic Real Estate of Salt Lake City to facilitate its preservation through a return of the building to its original use as women’s housing. This application is not accompanied by a concept plan as no substantial changes are proposed for the site or building exterior. The requested rezone facilitates the preservation of a significant historic resource and a return of the building to women’s housing under private ownership.
Planning Commission recommended approval. This is a great example of the community advocating for something that was important to them and institutions listening to the feedback and carefully considering how the communities desires could be accommodated. I am interested to learn more about the parking situation. Presentation only. This item was already scheduled for the Council Meeting on August 27, 2019.
Business
- A discussion regarding an update on Council priority issues. (19-091)
In January 2019, the Council identified several priority issues that they wanted to address during 2019. This discussion will update the Council on the progress of each issue. How are we doing on our "new year's resolutions"? What are we going to get done this year? Presentation only.
- A discussion regarding a request for an ordinance text amendment 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. The public was invited to submit comments over the past few weeks. I felt that this proposal could have a major impact on various parts of the City so I requested that we make a significant effort to bring it to the public's attention and solicit feedback. We've heard from several people and groups requesting modifications. I believe that we will be making tweaks and adjustments for at least a couple more weeks. A motion to send the item back to the Housing Committee for further review was approved 6:0, with David Sewell excused.
- A discussion regarding a proposed parking permit program on Slate Canyon Drive. Southeast Area. (18-084)
The Southeast Area Neighborhoods (Provost, Provost South, and Spring Creek) have worked since the summer of 2018 to gather neighborhood input on a proposed parking permit program on Slate Canyon Drive. During that summer, over 200 residents participated in a series of 10 meetings. Over half of the residents who live on Slate Canyon drive supported the program. The majority of the neighborhood as a whole also support it to regulate parking near the entrance to the canyon area. After the public hearing in the meeting this evening, the Council may vote to direct that a study of the proposed permit parking area be undertaken. Generally residential parking permit programs are used to protect local residents from an influx of outside cars being parked on the street. Generally, there is a large institution or another draw nearby. Standard permit parking programs don't work as well when the over demand for on-street parking is generated by the residents of the area themselves. The last couple of proposals for new parking permit programs have fizzled out when the residents come to understand the limitations, inconveniences, and costs of the permit program. I am on the Joaquin Parking Committee and the Downtown Parking Committee. We are actively looking at the best way to use current technology to craft an on-street parking management program that is flexible and provides better outcomes. I'll be interested to see how the applicants want to set up their program and if they are open to the ideas we are evaluating in other areas of the City. Presentation only. This item was already scheduled for the Council Meeting on August 27, 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 not held.
Adjournment
PROVO MUNICIPAL COUNCIL
Board of Canvassers
5:30 PM, Tuesday, August 27, 2019
- A resolution of the Provo City Municipal Council and Mayor sitting as The Board of Canvassers accepting the election returns and declaring and certifying the results of the municipal primary elections held in Provo, Utah on August 13, 2019. (19-086)
This is a presentation of the final vote tallies in the municipal primary election.Congrats to everyone who advanced. Thank you to everyone who ran but will not continue to the general election. We can't have a representative government without people being willing to stand for election. I hope everyone will take the next two months to understand your ballot options and become an informed voter.A motion to approve the resolution was made by Mayor Michelle Kaufusi, seconded by George Stewart, and approved 7:0, with David Sewell excused.
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:45 PM, Tuesday, August 27, 2019
Opening Ceremony
Items in this category do not involve legislative action.
Presentations, Proclamations, and Awards
- A presentation regarding an update on the improvements to 500 West and Bulldog Boulevard. (19-026)
The Bulldog project is nearing completion. We still have another year to go on 500 West. But at least the intersection at Center is now back open, and will remain open for the rest of the project. 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
- Approval of Minutes
Approved by unanimous consent.
- A resolution consenting to the Mayor's appointment of William Peperone as the Director of Development Services for Provo City. (19-090)
The Department of Community and Neighborhood Services and the Department of Development Services were established on July 9, 2019. After national recruitment, screening, and interviews, Mayor Kaufusi has appointed Bill Peperone, the current Assistant Director of Community Development, to serve as the first Director of Development Services. Bill will begin work in his new position on September 3, 2019. It's been a pleasure to work with Mr. Peperone over the years. He has impressed me with his understanding of the fundamentals of a healthy community and how our built environment impacts these fundamentals. Approved 6:0, with David Sewell excused
- A resolution appointing Brittany Hyde to the Parks and Recreation Board. (19-003)
Mayor Kaufusi has recommended that Brittany Hyde serve on the Parks and Recreation Board. This appointment is subject to the advice and consent of the Municipal Council and have been submitted to the Council for review. We previously vetted and met with Ms. Hyde, but she was inadvertently left off the list for appointment. We will remedy this. Approved 6:0, with David Sewell excused
- An ordinance amending Provo City Code Chapter 9.80 to update language and amend procedures regarding permit parking areas. (19-002)
This item was discussed previously in the Work Sessions on July 9 and July 23, 2019. In mid- to late-2018, the Policy Governance Committee began discussions to clean up and make amendments to certain elements of the Permit Parking code (see Provo City Code Chapter 9.80). The Permit Parking Areas currently in code have been subject to certain code language that has been outdated since the Parking Enforcement has gone 21st Century. There is no longer a need for actual permits due to the electronic system that Parking Enforcement has put in place. Then there were some procedural elements that the Policy Governance Committee chose to amend certain elements to tighten up the process and add a step for the Planning Commission to review the Permit Parking Area plans. This step is thought to help the Council obtain a land use perspective on these Permit Parking Area plans. Also, there is a fee added to the Consolidated Fee Schedule. I have previously described this ordinance this way: 'Overall this proposal modernizes and clarifies our code regarding parking permit programs. There were a few separate impetuses that spurred this effort and were rolled together. The process to get a parking permit program considered is clarified. In this proposal, parking programs will now be digital, not paper-based.'
This item was sent back to committee to resolve whether proposals should be vetted by either the Planning Commission or the Transportation and Mobility Advisory Committee. The committee decided not to include a mandatory step, but instruct that the report be created in consultation with pertinent groups and names both boards. I think this is a good compromise. A substitute implied motion was made to spell out TMAC as the Transportation and Mobility Advisory Committee, and the resolution was approved 6:0, with David Sewell excused.
- A resolution of intent to study the creation of a permit parking area on Slate Canyon Drive in the Provost and Provost South Neighborhoods. (18-084)
This was item 9 on the work meeting agenda. My preview for work meeting item 9: 'Generally residential parking permit programs are used to protect local residents from an influx of outside cars being parked on the street. Generally, there is a large institution or another draw nearby. Standard permit parking programs don't work as well when the over demand for on-street parking is generated by the residents of the area themselves. The last couple of proposals for new parking permit programs have fizzled out when the residents come to understand the limitations, inconveniences, and costs of the permit program. I am on the Joaquin Parking Committee and the Downtown Parking Committee. We are actively looking at the best way to use current technology to craft an on-street parking management program that is flexible and provides better outcomes. I'll be interested to see how the applicants want to set up their program and if they are open to the ideas we are evaluating in other areas of the City.' Approved 6:0, with David Sewell excused
- An ordinance to amend Provo City Code regarding design standards in various Higher Density Residential and Campus Mixed Use zones. City-wide impact. (PLOTA20190025)
Community Development has identified deficiencies in the Campus Mixed Use Zone pertaining to design regulation. The zone currently only requires one door on each street frontage, has no habitable first floor requirement or any regulation of windows and visual permeability at the first floor. Staff is studying amendments to the zone to provide sufficient regulation of these design elements. Staff has also integrated previously proposed amendments to the materials standards into these proposed amendments.
The amendments under consideration include the following.- A minimum habitable first floor depth as measured from the street facing façade. In the downtown this is 30’.
- A minimum number of pedestrian building entrances. For residential in the downtown an exterior entrance is required for each street facing unit.
- A minimum requirement for first floor windows and openings.
- Any commercial included in the site, whether required or voluntary, to be sited along a street frontage.
- Site design regulations to ensure parking is located interior to a building or site and that vehicle access is consolidated.
- Additional articulation of building material controls.
Planning Commission recommended approval with conditions. There was broad support when we heard this in our last meeting, but we continued the approval to provide more time for stakeholders to become aware and provide feedback before we make the decision. Approved 6:0, with David Sewell excused
- An ordinance approving the annexation of approximately 2.547 acres of property generally located at 1860 South and Colorado Avenue, Provo. East Bay Neighborhood. (PLANEX20190140)
This was item 5 on the work meeting agenda. My preview for work meeting item 5: 'I like the idea of this agreement that tries to help the city move forward with the broader annexations but still helps the applicant by moving the first annexation forward in a timely manner. I do worry, though, that despite the agreement, moving forward with the first one without doing the whole group will make it harder to complete the annexations.' Approved 6:0, with David Sewell excused
- An ordinance amending the zone map classification of the real property generally located at 800 North University Avenue and known as Amanda Knight Hall from Public Facilities (PF) to Campus Mixed Use (CMU). Joaquin Neighborhood. (PLRZ20190244)
This was item 6 on the work meeting agenda. My preview for work meeting item 6: 'This is a great example of the community advocating for something that was important to them and institutions listening to the feedback and carefully considering how the communities desires could be accommodated. I am interested to learn more about the parking situation.' Continued to the September 10, 2019 Council Meeting.
- ***CONTINUED*** The Community Development Department requests an Ordinance Text Amendment to Chapter 14.37 of the Provo City Code to establish minimum bicycle parking standards. Citywide impact. (PLOTA20190217)
This was not ready to be heard.
- ***CONTINUED*** An ordinance to amend Provo City Code 14.34.295 (Downtown Development Design Standards) to clarify architectural requirements in the Downtown Zones. Downtown, Joaquin, Maeser, Franklin, Timp Neighborhoods. (16-0005OA)
This was not ready to be heard.
Adjournment
