Council Meetings - 24 September 2019

Perhaps the best way to describe tomorrow's meetings is that they are a mixed bag, with everything from the most mundane code clean up to a discussion of a potentially controversial proposal. We have items that impact the whole city, and items with a very hyper-local scope. We have administrative oversight, bureaucratic minutia, committee proposals, and justice reports. We really have a little of everything.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

2:00 PM, Tuesday, September 24, 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

1. A discussion regarding the carryover of certain Fiscal Year 2018-2019 budget amounts into Fiscal Year 2019-2020. (19-098)
   Provo City's Fiscal Year 2018-2019 budget ordinance allows for the carryover of certain approved unused budgeted amounts into Fiscal Year 2019-2020. All unused capital improvement fund budgets may be carried into the new year. Unused budget amounts from all other funds may also be carried over into the new year with the approval of the Mayor. The purpose of this presentation is to inform the City Council of the amount and nature of the capital improvement and operating carryovers. The practice of the City has been to take the money left over in budgets and put half of it back into the General Fund and put half of it into employee recognition which funds several things including tuition reimbursement and performance bonuses. The idea is to encourage and reward employees for working efficiently and coming in under-budget. As an alternative, sometimes supplemental requests (department requests for new money) that were not funded during the regular budget process may be funded using unused budgeted money from the prior year. Presentation only. I support the uses of money left over in last year's budget, as presented by the Administration. I also questioned if the current practice is properly balancing the roles of the two branches. I wondered why this is only a presentation and not an item that the Council is being asked to approve. The response in the meeting was that up until several years ago the Administration wasn't even making this presentation. We are continuing to look into this issue. Again, I support everything that is in the presentation, I just want to make sure we have the proper checks and balances in place, in case there are ever problems in the future.
2. A discussion regarding defining over-occupancy as a nuisance. (19-094)
   Because of Council establishing zoning compliance as one of their top priorities, various ideas have been put forward for discussion. One idea is to possibly add over-occupancy to the listing in City Code for nuisances. I first thought that making over-occupancy a nuisance would be an escalation. Instead, I believe it adds a lower step, allowing for civil prosecution rather than just criminal prosecution. I still know very little about this proposal and expect to learn much during this presentation. A motion to move this item to a future Council Meeting was approved 6:0, with Gary Winterton excused. This is a tool that our Zoning Compliance Office is asking for. It will be used to encourage people who knowingly are breaking the law and are resisting coming into compliance without having to get into a full criminal trial.
3. A discussion regarding proposed amendments to Personnel Policies in Title 4. (19-082)
   This is a continuation of a discussion from the Work Session on July 9, 2019. As the Administration was preparing for implementing changes to leave policies that were proposed with the annual budget this year, we noted a number of inconsistencies between current practices and some older provisions of the Municipal Code in Title 4. Many of the personnel provisions in Title 4 are no longer in alignment with standard personnel policies and administrative practices and are somewhat antiquated. Some of the City practices on employee leave and compensation has been out of compliance with City ordinance for many years. This proposed amendment would update the City code and bring it into alignment with current practice. I support the overall effort, I just want to make sure that the Council's role in fiscal oversight is appropriately incorporated. Presentation only. This item will be brought back to the Council on October 8, 2019. We had some good discussion on this item, and some tweaks will be made before it comes back to us on October 8th. These tweaks should strike the right balance.
4. A discussion regarding an improvement agreement to construct a road in the Mountain Vista Business Center. (19-099)
   Economic Development has requested a discussion regarding a resolution authorizing the Mayor to sign an improvement agreement with Scannell Properties and Hall Labs, a developer who is purchasing over 60 acres of land at the Mountain Vista Business Center and their long-term tenant. As a matter of sequence, Provo City will sell the parcel to Hall Labs who in turn will sell it to Scannell Properties. They intend to develop a business park consistent with the rest of the surrounding business park. Their plans for the 130,000 square foot building are currently in the development review process. A new road will need to be constructed to access the interior of the parcel. The project is anticipated to cost $3.6 million, with half coming from a matching grant with the U.S. Department of Commerce Economic Development Administration (EDA). The City will use a portion of the proceeds from the sale of the land to pay the remaining half ($1.8). Hall Labs will purchase the parcel before the construction of the road, but would like an improvement agreement with the City. The City has already signed a Notice of Award with the EDA and so would not be committing any more to Hall than has already been committed to the EDA. In order to facilitate the sale before the Work and Council Meetings on September 24, Economic Development has prepared a Memorandum of Understanding. The memorandum states the following, among other things: 1. Provo City has signed a Notice of Award with the EDA for the construction of the road, 2. the road in on our Local and Collector Street Master Plan, and 3. Provo City intends to build the road to the interior of the parcel as described above. Timing is of the essence because this property falls within a federally establish Opportunity Zone which provides major tax relief for capital gains investments. However, there are also established timeframes for deploying capital which Hall Labs and Scannell Properties are fast approaching. 2 Economic Development is certain that the sale of the land would proceed if there were no need for the road. This is a solid next step in the build out of the Mountain Vista Business Park. I'm glad that the sale of the property will cover our cost of the road. As the background explains, this is not committing to something that we haven't already committed to. Which is comforting in one way, but concerning in another. Why is the Council being asked to approve something if the City has already committed to it? A motion to substitute for the implied motion a version of the resolution that authorizes the Mayor to negotiate and execute an agreement that reflects the deal points which have been discussed was approved 5:0, with Gary Winterton and David Harding excused. It's been a decade in the making, but Moutain Vista is beginning to fulfill the vision of what we wanted it to be.



Policy Items Referred From the Planning Commission

5. A discussion regarding a zone change of approximately one acre of real property, generally located at 674 E 3230 N from Residential Agriculture (RA) to One-Family Residential (R1.10). Edgemont Neighborhood. (PLRZ20190175)
   The applicant currently has a single-family home on an acre of land in the RA zone. The applicant would like to subdivide the lot into three lots. To accomplish this, she is requesting a rezone from RA, that requires half-acre lots, to R1.10, that requires 10,000 square-foot lots. The existing home on the property would remain and become Lot 1. Two flag lots would be created behind Lot 1 with access from 3230 N. running parallel to the eastern boundary of the property. The property has RA zone to the east and west and has R1.10 zone to the north and south. Planning Commission recommended approval. While not ideal, I feel this is a reasonable request to allow in-fill development. Presentation only. This item was already scheduled for the Council Meeting on September 24, 2019. My opinion didn't change because of the presentation.
6. A discussion regarding proposed ordinance amendments regarding accessory apartments. Citywide 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. The actual language still has to be finalized, but the Committee has incorporated public feedback and made a few adjustments to the proposal. Presentation only. This item was scheduled for the Council Meeting on October 8, 2019. These changes should improve the experience for landlords, tenants, and neighbors.



Business

7. A discussion regarding recommendations from the Sign Ordinance Committee. (19-102)
   The Council tasked the Sign Ordinance Committee with reviewing and updating Provo City Code with regards to electronic signs. The committee has worked since the end of March and identified six areas of sign policy: location, churn, animation, brightness, size, and buffer zones. The committee will present their recommendations regarding location, churn, animation, and size. They have decided not to make any recommendations regarding brightness and buffer zones at this time, but will revisit the issues at a later date. There is not much information to go on, so I'll have to just wait and see what is presented. A motion to forward the proposed change to Provo City Code Section 14.38.010 to the Planning Commission for review was approved 6:0, with Gary Winterton excused. There was a lot of discussion on what role we see electronic signs playing in our community.



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. None requested.



Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, September 24, 2019

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

A presentation of the Justice Court Annual Report. (19-097)
I've come to look forward to Judge Romney's annual report. He has to be one of the best speakers in the city. His reports also instill a lot of confidence in the management of our Justice Court. Presentation only. I think Judge Romney should teach a course on civics.

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 appointing individuals to boards and commissions. (19-003)
Mayor Kaufusi has recommended that Arturo Soza be appointed to the Civil Service Commission and Patricio Hernandez to the Energy Board. These two have impressive resumes and will make great additions to their respective boards. Approved 6:0, with Gary Winterton excused. I'm grateful that we have so many good people willing to provide service to the community through their work on boards and commissions in Provo.

A resolution appropriating $289,399 in various funds and transferring $50,460 from the General fund to correct elements of the FY19-20 budget and account for a position moving from the Development Services Department to the Mayor's Office. (19-095)
Some errors have been found in the FY20 budget, and Finance would like to resolve them sooner than later. Dixon Holmes’ appointment as Assistant Chief Administrative Officer also requires moving his salary from Development Services to the Mayor’s Office budget. The impact of corrections are less than the description makes it seem. More money will be going out of the General Fund, which is shown here, but also more money will be going Approved 6:0, with Gary Winterton excused. The appointment of Mr. Holmes as Assistant CAO is important for the smooth transition and continuation of operations in the City.

A resolution authorizing the Mayor to execute the sale of a ladder truck to the Nolensville Volunteer Fire Department. (19-100)
The City owns a 105-foot ladder truck that was replaced by a new truck this past spring. The City listed the truck with Brindlee Mountain Fire Apparatus to assist with finding a potential buyer. The agreement was for them to list and advertise the truck for a 10% fee on the sale if it was under $125,000. The Fire Department recently lowered the price to $95,000 and found a buyer willing to pay the $95,000 pending an inspection. The potential buyers are from a volunteer fire department in Nolensville, Tennessee. Sounds like a win-win for all involved. Approved 6:0, with Gary Winterton excused. It is estimated that this is significantly more than we would have received if the truck had gone to auction.

A resolution approving an improvement agreement regarding construction of a road in the Mountain Vista Business Center. (19-099)
This was item 4 on the work meeting agenda. See my preview for item 4 on the work meeting agenda. Approved 6:0, with Gary Winterton excused. It's been a decade in the making, but Moutain Vista is beginning to fulfill the vision of what we wanted it to be.

An ordinance amending Provo City Code to prohibit parking in bicycle lanes. (19-101)
Provo City Code 9.31.010 specifies in what sections of the roadways people are not allowed to park. It does not mention bike lanes. Provo Parking is asking the Council to make this an enforceable violation. Apparently, there is currently no regulation against parking in a bike lane. Approved 6:0, with Gary Winterton excused. There was a surprising amount of discussion on this item, both during public comment and among the Council. I believe there was some confusion about what this item was doing.

An ordinance to amend Provo City Code to establish minimum bicycle parking standards. City-wide impact. (PLOTA20190217)
The Bicycle Master Plan calls for improving the design and increasing the amount of bike parking in Provo City by making a minimum amount required as is done with car parking. This proposed ordinance text amendment creates a standard for design and quantity of bicycle parking for new developments. First, the code provides guidance for design on short-term bicycle parking and long-term bicycle parking. Short-term parking is designed for stops of two hours or less and is typically an uncovered bicycle rack that touches the bicycle at two points and allows for secure locking of the frame with a U-lock. Long-term bicycle parking is designed for stays of around eight hours or more and is to be secured and protected from weather. Second, the code provides a minimum standard for the amount of bicycle parking to be built. It has two tiers of minimums: one as a base level for all developments and a second as a higher level for developers who hope to offset the amount of car parking required with enhanced bicycle parking. These ratios come from the Association of Pedestrian and Bicycle Professionals and are recommended in Provo City’s Bicycle Master Plan. Planning Commission recommended approval. We continued this item last time to give the public more time to review and respond, but also to clean up some of the language. Approved 6:0, with Gary Winterton excused. It is important to promote alternative forms of transportation in order to allow our transportation system to better serve everyone across all modes of transportation.

An ordinance amending the zone map classification of approximately one acre of real property, generally located at 674 E 3230 N from Residential Agriculture (RA) to One-Family Residential (R1.10). Edgemont Neighborhood. (PLRZ20190175)
This was item 5 on the work meeting agenda. See my preview for item 5 on the work meeting agenda. Approved 6:0, with Gary Winterton excused. While not ideal, I feel this was a reasonable request to allow in-fill development.

An ordinance to amend the Consolidated Fee Schedule and to ratify corrections to Provo City Code Title 10. (19-071)
This ordinance is intended to make and/or ratify several corrections in the city code. The Council approved Ordinance 2019-30 in June, which included an error among other updates to the consolidated fee schedule. The ordinance on the agenda tonight includes a correction to the Stormwater Impact Fees. The Council also approved Ordinance 2019-31 in June, which amended Provo City Code Title 10 (Water Resources). Code Publishing Company, who maintain the online version of the Provo City Code, shared several questions with Council staff regarding several points of clarification from the recent updates. After confirming the correct text with Public Works staff, the corrections have been made to the online code and the corrections are now being presented to the Council for their ratification and approval. This is pretty much correcting typos. Approved 6:0, with Gary Winterton excused. Fixed.

***CONTINUED***Silverado Management (Dave Hunter) requests a General Plan amendment from Commercial (C) to Residential (R) for property at 1900 N Canyon Rd for a 120-unit apartment building for married/student housing. Pleasant View Neighborhood. (PLGPA20190251)
This was not ready to be heard.

***CONTINUED***Silverado Management (Dave Hunter) requests a Zone Change from Public Facilities (PF) to Campus Mixed Use (CMU) for approximately 1.34 acres, located at 1900 N Canyon Road. Pleasant View Neighborhood. (PLRZ20190227)
This was not ready to be heard.

***CONTINUED*** The Housing Committee of Provo City requests amendments to Section 14.37.050 to allow for reductions in required parking for residential uses subject to Planning Commission approval. City-wide application. (PLOTA20190289)
This was not ready to be heard.

***CONTINUED*** The Provo City Community Development Department requests amendments to Section 14.34.295 Downtown Development Design Standards to clarify architectural requirements in the Downtown Zones. (16-0005OA)
This was not ready to be heard.

Adjournment