Council Meetings - 19 November 2019

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 PM, Tuesday, November 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.

Business

1. A presentation regarding Utah Valley University's Vision 2030 Plan. (19-124)
   The Board of Trustees of the Utah Valley University recently approved the Vision 2030 Plan for the university. They would like to present the plan to all of the City Councils in Utah Valley. There are no documents on this in the packet. It will be interesting to see what they present. Presentation only. The University is a great asset for our community. The presentation made a big point about UVU being a "dual-mission" institution that spans the scope of traditional community colleges through to many master's degrees.
2. A presentation regarding the financial audit. (19-134)
   Jeff Miles will report his findings from an audit of Provo City's finances including a discussion on carryover diversion approvals. This is part of the annual audit. Presentation only. We discussed the audit, including some steps we can take to improve our safe guards. We will look to create an audit committee in the new year. What we didn't talk about was carry-over diversion, but I'm not sure why.
3. A discussion regarding updates to the Wastewater Impact Fee Facility Plan. (19-138)
   The Public Works Department has requested an update the Wastewater Impact fee Facility Plan (IFFP) to include the Wastewater infrastructure needs for the Medical School and the Mix projects. I haven't heard anything about this and there isn't anything in the packet. So it'll be interesting to see what this is about. Presentation only. This item is scheduled for the December 10, 2019 Council Meeting. These proposed developments have accelerated some infrastructure needs. By putting the infrastructure projects on the Impact Fee Facility Plan, we can use the full range of tools for financing the projects.
4. A presentation regarding the Utah Valley Hospital Expansion Project. (19-122)
   Kyle Hansen is the new Administrator at Utah Valley Hospital. He will provide an update on the Hospital Expansion Project as well as on additional services that are offered by the hospital. Someone asked if this was about the expansion that has been taking place over the past few years or if they are coming to introduce a new expansion. I don't know for sure, but I assume it is the former. Presentation only. It was interesting to hear the presenter explain that healthcare delivery is changing so quickly that if they were starting the project today, rather than finishing, the project would look fairly different.
5. A discussion regarding the authorization of a 108 loan agreement with the U.S. Department of Housing and Urban Development to fund infrastructure for the airport. (19-136)
   When Duncan Aviation relocated to Provo, Provo City committed to building some of the infrastructure necessary to make that possible (see the attached resolution from 2017). One of the funding sources to pay for the infrastructure was a 108 Loan from the U.S. Department of Housing and Urban Development (HUD). We are in the process of finalizing our loan documents with HUD. One of HUD's requirements is that the City’s governing body passes a resolution authorizing the City to enter into this loan agreement with HUD. Since the City will need to complete all documentation before the end of the year, a resolution would need to be passed in the Council Meeting on December 10, 2019 to agree to this loan. We already committed to this. Now we just need to sign off on the execution. Presentation only. This item is scheduled for the December 10, 2019 Council Meeting. This is an example of the economic development that our airport drives.
6. A discussion regarding recycling in Provo City. (19-137)
   Councilor George Handley and Bryce Rolph (Public Works Sanitation Manager) will discuss recycling in Provo City including a summary of the City's current efforts and potential changes Recycling programs have taken a beating these past few years. China had been the major processor in the world and had undercut everyone else so the US really didn't build the facilities to recycle material. Over the past few years, China has significantly scaled back imports of material to be recycled, sending the market value of recyclables into a nosedive. It is now much more expensive to run a recycling program. On the bright side, I've heard that companies in the US are now able to build and run recycling facilities for a profit. Hopefully the market for recyclables will be stabilizing soon. Presentation only. Our waste district, of which Provo is a major portion, has one of the highest rates of "recycling contamination" in the State. Almost half of what we recycle has to be rerouted to the landfill. I think that this is mostly an education problem, that we haven't gotten the word out well enough about the do's and don'ts of recycling. I was surprised to learn that much of my household recycling was being turned away. We collect our recycling in a kitchen garbage bag and then take it out to the can when it is full. I learned that the recycling center won't open up bags to recycle the contents. We are now informed recyclers. How can we help others become informed as well so we can increase the amount of our recyclables that actually get recycled?



Policy Items Referred from the Planning Commission

7. A discussion on an ordinance amending the West Gateway Zone to better meet the purpose and objective of the Zone. Dixon and Franklin Neighborhoods. (PLOTA20190376)
   The West Gateway Zone (3.5 blocks between 800 West to 100 West) was adopted in 2012. It was developed from the Gateway Zone, but reduced the strictness in design codes in hopes to encourage redevelopment between the Gateway Zone and newly adopted Freeway Commercial Zone, while leaving in transitional single-family development standards meant to provide a protective transition to adjacent low-density residential areas. The amended zoning has not spurred redevelopment of the area. It is proposed to strengthen residential protections while making the permitted use list more consistent with the adjacent Gateway Zone. Planning Commission recommended approval. I have a few questions on this one, but overall am supportive of the requested changes. So far I haven't heard of any concerns from the public, and it has recently gone to two neighborhood meetings. Generally, an ordinance request like this would be heard over two Council meetings. The applicant would like a decision on the first. I'm a bit torn and may vote for it this time unless I hear of some concerns. Presentation only. This item was already scheduled for the Council Meeting on November 19, 2019. The presentation answered my questions and I voted for it in the evening meeting.
8. A discussion on an ordinance amending the zone map classification of approximately 1.11 acres of property generally located at 688 N 100 W Residential Conservation (RC) to High Density Res. (HDR) and Med Dens. Res. (MDR) at 650 N 100 W. North Park Neighborhood. (PLRZ20190173)
   The applicant has requested to rezone some properties from Residential Conservation (RC) to High Density Residential (HDR) for new development and to rezone the adjacent parcels from RC to Medium Density Residential (MDR).
   
   The proposed MDR properties are already developed. The reason that they are being included with this request is to provide a transitional zoning buffer between the proposed HDR zone and surrounding RC zoning so that a ten foot wide landscape buffer is not required. The majority of the block consists of apartment complexes with student housing but is all zoned RC.
   
   The applicant feels that the highest and best use for his property would be multi-family housing due to the similarities of surrounding development and proximity to schools, work, public transportation, and grocery stores. The applicant has met with the neighborhood about the proposed rezone and development. Planning Commission recommended approval. This would definitely be densifying the area. The homes there currently don't look too bad, but the surrounding structures are all apartment buildings so this would fit right in. And the proposed design of the building looks better than much of what would surround it. Presentation only. This item was already scheduled for the Council Meeting on November 19, 2019. I didn't see anything that concerned me.
9. A discussion on resolutions authorizing the RDA to enter into an Interlocal Agreement with Provo City, Utah County, the Provo School District, and the Central Utah Water Conservancy District authorizing the use of Tax Increment Funding. (19-130 to 19-133)
   As part of the Mill Race Owner Participation Agreement, the Redevelopment Agency agreed to use its best efforts to collect tax increment to help fund the parking associated with the project. The four proposed resolutions (with accompanying Interlocal Agreements) would allow for the Redevelopment Agency to capture a portion of the tax increment that will be generated by the Mill Race construction and use it to help pay for the construction of the parking necessary for the Mill Race project. We already agreed to this in principle, though I think we should look at some of the details. I believe the tax increment participation helps pay for the pedestrian bridge which will be open to the public, and that there will be some public component to the parking garage that this is going to. Presentation only. This item was already scheduled for the Council Meeting on November 19, 2019. I think this is a good example of when tax increment incentives are productive.
10. A resolution designating a survey area, authorizing the preparation of a draft Community Reinvestment Project Area Plan and Budget, and authorizing and directing all necessary action by the Redevelopment Agency, staff, and legal counsel. (19-135)
    Qualtrics, an important member of the Provo community, is seeking to expand their office space and employment base in Provo. This resolution would be the first step in creating a new Community Reinvestment area for the Riverwoods Business Park to help Qualtrics provide new office space and structured parking. I am THRILLED to hear that Qualtrics is expanding here in Provo. They are a great Provo success story. I am questioning, though, the wisdom of creating a Community Reinvestment Area for the Riverwoods Business Park and returning property taxes back to the company. This business park appears to be thriving. The proposed parking garage is needed because there is so much activity and it is just growing. Recently, Provo voters rejected a school bond due, in part, to concerns over rising taxes. We need to be very responsible with the taxes that we are collecting. Presentation only. This item was already scheduled for the Council Meeting on November 19, 2019. This proposed expansions will bring many high paying jobs to Provo and deepens the roots in the area even while the company expands elsewhere. I'm still struggling with the idea of diverting property tax dollars in an area and isn't in dire need of reinvestment.



Policy Items Referred from the Planning Commission

11. A discussion of an ordinance adopting a new Provo City Moderate Income Housing Plan as an element of the General Plan. Citywide Application. (PLGPA20190194)
    The Provo City Department of Development Services is requesting a General Plan Amendment to adopt the Provo City Moderate Income Housing Plan as an element of the Provo City General Plan. The current Moderate Income Housing Plan was adopted in 2018. New State Code requirements necessitate the updating of the plan to address those new requirements. All municipalities within the State of Utah are required to provide “a plan that provides a realistic opportunity to meet the need for additional moderate income housing.”
    
    Planning Commission recommended approval of the findings of the document, while continuing the review of the Moderate Income Housing Plan to allow a fuller discussion regarding recommendations for housing goals. This plan has a wealth of data on our housing stock and our demographics. It also lists goals and steps we can take to help address the need for housing that is affordable for the people in our community. Presentation only. This item was already scheduled for the Council Meeting on November 19, 2019. The new State law requires that all cities select at least 3 strategies, off of a list of 24, to address the housing affordability problem in the State. Provo is already doing 23 of the 24.



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.



Adjournment

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PROVO MUNICIPAL COUNCIL
Board of Canvassers Agenda

5:30 PM, Tuesday, November 19, 2019

1. A resolution of the Mayor and the Municipal Council sitting as the Board of Canvassers accepting the election returns and declaring and certifying the results of the vote for General Elections held on Tuesday, November 5, 2019. (19-086)
   This is a presentation of the final vote tallies in the municipal general election. http://www.utahcounty.gov/Dept/ClerkAud/Elections/ResultsTracking.html




Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

6:00 PM, Tuesday, November 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. An ordinance adopting a new Provo City Moderate Income Housing Plan as an element of the General Plan. Citywide Application. (PLGPA20190194)
   This was item 11 on the work meeting agenda This plan has a wealth of data on our housing stock and our demographics. It also lists goals and steps we can take to help address the need for housing that is affordable for the people in our community. Approved 7:0. The new State law requires that all cities select at least 3 strategies, off of a list of 24, to address the housing affordability problem in the State. Provo is already doing 23 of the 24.
2. An ordinance amending the West Gateway Zone to better meet the purpose and objective of the Zone. Dixon and Franklin Neighborhoods. (PLOTA20190376)
   This was item 7 on the work meeting agenda I have a few questions on this one, but overall am supportive of the requested changes. So far I haven't heard of any concerns from the public, and it has recently gone to two neighborhood meetings. Generally, an ordinance request like this would be heard over two Council meetings. The applicant would like a decision on the first. I'm a bit torn and may vote for it this time unless I hear of some concerns. Approved 7:0. The presentation in the earlier meeting answered my questions and I decided to vote for it.
3. An ordinance amending the zone map classification of approximately 1.11 acres of property generally located at 688 N 100 W Residential Conservation (RC) to High Density Res. (HDR) and Med Dens. Res. (MDR) at 650 N 100 W. North Park Neighborhood. (PLRZ20190173)
   This was item 8 on the work meeting agenda This would definitely be densifying the area. The homes there currently don't look too bad, but the surrounding structures are all apartment buildings so this would fit right in. And the proposed design of the building looks better than much of what would surround it. Approved 7:0. There were no concerns brought up from the public, and I feel like this will help improve the neighborhood.
4. An ordinance to enact Provo City Code Section 15.03.105 (Temporary Limitations on Certain Sewer Connections). Citywide application. (PLOTA20190392)
   The request to amend this section of the Provo City Code is in response to limited sewer capacity west of I-15 in Provo and the potential for new development in that area to exceed the current capacity. The proposed text amendment would apply to any applications for new development in that area. Because of the length of the proposed amendment, staff suggested that the proposed language become a new code section (15.03.105). Planning Commission recommended approval. This puts two main policies into code. First, it makes it clear that sewer capacity won't be allocated to a project until it has proper zoning. Second, it throttles the allocation to 40 connections per project until that project has completed at least half of what they've been allocated. The most important part of prioritizing how we use sewer connections while more are being built will be how the Council chooses to approve new zoning requests. Continued to the December 10, 2019 Council Meeting.
5. A resolution authorizing Provo City to enter into an Interlocal Agreement with the Redevelopment Agency of Provo City authorizing the use of Tax Increment in the South Downtown Community Development Project Area. (19-130)
   This was item 9 on the work meeting agenda Items 5 through 9 are all related. In this item, we, as the Municipal Council of Provo, will be asked to authorize the City to enter into an agreement with the RDA. The RDA is technically an independent body, though the Council and Mayor make up the Board of the RDA.
   
   As for the question at hand, we already agreed to this in principle, though I think we should look at some of the details. I believe the tax increment participation helps pay for the pedestrian bridge which will be open to the public, and that there will be some public component to the parking garage that this is going to. Approved 7:0. This tax incentive will help pay the developer back for public infrastructure that will be built as part of the project, and the project will help revitalize this area of the City.



Redevelopment Agency of Provo

6. A resolution authorizing the Redevelopment Agency of Provo City to enter into an Interlocal Agreement with Provo City authorizing the use of Tax Increment in the South Downtown Community Development Project Area. (19-130)
   This was item 9 on the work meeting agenda See the description for item #5. In this item, we, as the RDA Board, will be asked to authorize the RDA to enter into an agreement with the City. Approved 7:0. See the report for item #5.
7. A resolution authorizing the Redevelopment Agency of Provo City to enter into an Interlocal Agreement with Utah County authorizing the use of Tax Increment in the South Downtown Community Redevelopment Project Area. (19-131)
   This was item 9 on the work meeting agenda See the description for item #5. In this item, we, as the RDA Board, will be asked to authorize the RDA to enter into an agreement with the County. Approved 7:0. See the report for item #5.
8. A resolution authorizing the Redevelopment Agency of Provo City to enter into an Interlocal Agreement with Provo School District Authorizing the use of Tax Increment in the South Downtown Community Development Project Area. (19-132)
   This was item 9 on the work meeting agenda See the description for item #5. In this item, we, as the RDA Board, will be asked to authorize the RDA to enter into an agreement with the School District. Approved 7:0. See the report for item #5.
9. A resolution authorizing the Redevelopment Agency of Provo to enter into an Interlocal Agreement with the Central Utah Water Conservancy District authorizing the use of Tax Increment in the South Downtown Community Development Project Area. (19-133)
   This was item 9 on the work meeting agenda See the description for item #5. In this item, we, as the RDA Board, will be asked to authorize the RDA to enter into an agreement with the Water Conservancy District. Approved 7:0. See the report for item #5.
10. A resolution designating a survey area, authorizing the preparation of a draft Community Reinvestment Project Area Plan and Budget, and authorizing and directing all necessary action by the Redevelopment Agency, staff, and legal counsel. (19-135)
    This was item 10 on the work meeting agenda I am THRILLED to hear that Qualtrics is expanding here in Provo. They are a great Provo success story. I am questioning, though, the wisdom of creating a Community Reinvestment Area for the Riverwoods Business Park and returning property taxes back to the company. This business park appears to be thriving. The proposed parking garage is needed because there is so much activity and it is just growing. Recently, Provo voters rejected a school bond due, in part, to concerns over rising taxes. We need to be very responsible with the taxes that we are collecting. Approved 6:1, with Councilor Kay Van Buren opposed. I'm willing to support a study that is necessary before a Project Area can be designated.



Action Agenda

11. ***CONTINUED*** Daniel LaFontaine requests a Zone Change from R1.10 to Low Density Residential for 1.07 acres for a townhome development, located at 50 E 3900 N. Riverbottoms Neighborhood. (PLRZ20190265)
    This was continued by the Planning Commission and not ready to be heard.
12. ***CONTINUED*** Community & Neighborhood Services Department requests an Ordinance Text Amendment to Ch14.33 and 15.05 of the Provo City Code to update the development requirements of lands located in the Special Flood Hazard Area. Citywide application. (PLOTA20190328)
    This item was not ready to be heard.



Adjournment