The work session should be short, but the regular meeting is looking long. Several items, including a couple of the more controversial items, have been continued though, so it may not be too long of a night.
Like last time, I think the TIF (Tax Increment Financing) discussions will be the most interesting of the day.
PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
2:30 PM, Tuesday, December 10, 2019
- A presentation regarding the Pleasant View Neighborhood Plan from the collaborating student team from Brigham Young University. (19-148)
This semester, Provo City staff have worked with a BYU class on the Pleasant View Neighborhood Plan. The students will present their progress to the Council. The plan will not have gone to planning commission in final form, but they are also presenting to the planning commission in the November meeting study session. These neighborhood master plans are so important, but we've been moving slowly because they take so much staff time to develop. This is a great collaboration where the City gets assistance in creating the master plans (under a professional's watch) and the students get to work on a real-world project. Presentation only. - A discussion regarding the proposed project area plan and budget for the Medical School Community Reinvestment Project Area. (19-142, 19-143, and 19-144)
The City and the Agency have been working towards the development of a medical school on a property formerly a part of the Provo Municipal Golf course for over two years. As part of the discussions, the City agreed to use its best efforts to create a tax increment area, now known as a Community Reinvestment Area, on the portion of the development that would be utilized for housing and not for the balance of the medical school development. We agreed to pursue TIF for this project as part of the original transaction when we sold off part of the golf course. We need to keep our commitments. But I believe that there have some aspects of the proposal that have changed on the developer's part. So this item does need to be reviewed carefully. Presentation only. This item was already scheduled for the Council Meeting on December 10, 2019. - A resolution designating a survey area, authorizing the preparation of a draft Community Reinvestment Project Area Plan and Budget, related to "The Mix" project, and authorizing and directing all necessary action. (19-139)
In order to create a Community Reinvestment Area, it is necessary to adopt a resolution by the approving body in order to meet the requirements of the Utah Legislative Code. The accompanying resolution allows us to start the process and began to create a redevelopment plan that will help pay for the sewer infrastructure upgrades the development (The Mix) will need. The document states a couple of times that this action doesn't obligate the government agencies to give property tax incentives. That is true, but it can be taken as a fairly clear signal that that is what we are working towards. This is another project that has morphed significantly since we first started discussing it and signaling our willingness to consider tax increment incentives. The current conversation is about a much smaller incentive, but what the developer is proposing has also been scaled back significantly as far as office and retail. Presentation only. This item was already scheduled for the Council Meeting on December 10, 2019. - A discussion of an ordinance amending the Claim Settlement Authority Schedule in Provo City Code to correct and update Title 18 (Storm Water) and the associated design and management manual. (19-109)
The stormwater design manual has not been updated since 1986. This manual, along with the city stormwater management program and illicit discharge detection and elimination manual, are adopted into Title 18 by reference. The Public Works Stormwater team proposes updates to these manuals and other wording contained within Title 18. This is a timely update of an important manual. Presentation only. This item was already scheduled for the Council Meeting on December 10, 2019. - A discussion of an ordinance amending Provo City Code and providing for automatic inflation adjustments. (19-149)
The Provo City Code has a claim settlement authority schedule that was put into place nearly 40 years ago. The figures in the schedule are badly outdated, leading to wasted employee time. The proposed ordinance seeks to rectify this problem. As a rule of thumb, prices double every 20 years due to inflation. So limits set 40 years ago have, in effect, shrunk by a factor of 4. I support pegging limits like this to inflation. A motion to amend the draft ordinance as suggested by Brian Jones and to change the dollar amounts to $750, $12,000, and $30,000 was approved 7:0. - A discussion of a resolution adopting the 2020 Council regular Meeting schedule. (19-145)
Each December, the Council adopts their meeting schedule for the coming year. A draft of the meeting schedule for 2020 has been presented to the Council for their consideration during the Work Meeting, and they will vote on the calendar at the Council Meeting on December 10, 2019. In my chair role, I'm involved with developing the calendar for next year. We try to have two meetings a month, space them evenly, and avoid important public dates. Presentation only. This item was already scheduled for the Council Meeting on December 10, 2019. - A discussion of ordinances amending the General Plan designation/ Zone Map classification of approx 0.78 acres of property generally located at 862 E Quail Valley Dr from Public Facilities (PF) to Residential (R). Edgemont Neighborhood. (PLGPA20190009/ PLRZ20180430)
This 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. The property has historically been associated with the adjacent parcel to the west, which is designated as Commercial (C) and was rezoned to Professional Office to allow an office building almost forty years ago. Surrounding property Land Use Map designations include Public Facilities at the Timpview High School site (including the Seminary property), Commercial on the office building site, and all other surrounding property in the immediate vicinity is designated as Residential. The fact that the subject property is designated PF is somewhat of an anomaly because the property is held in private ownership and not part of a larger public or quasi-public use, i.e. a school, park, church, or other similar use. The original plan called for six townhomes. Since the Planning Commission reviewed the application on February 13, 2019, the applicant has amended the plan for a fourplex with the option to add two additional units after a period of 10 years. This item was heard in the Council Meeting on June 18, 2019, where it was continued to the next Council Meeting (July 9, 2019) and was then continued again. This was just continued.
Business
Business
Policy Items Referred from the Planning Commission
Closed Meeting
Adjournment
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
6:00 PM, Tuesday, December 10, 2019
- A presentation and recognition of outgoing Councilors Knecht, Stewart, Van Buren, and Winterton. (19-147)
I going to miss serving with these exemplary public servants. We didn't always agree, but it was always clear that they were doing what they felt was in the genuine best interest of Provo. Presentation only. - A presentation of the Provology graduates. (19-067)
I highly recommend this course to anyone who wants to better understand how the city government functions to serve you. Presentation only. - A presentation of the Comprehensive Annual Financial Report (CAFR) by the Provo City Finance Division and HBME (Hansen, Bradshaw, Malmrose & Erickson). (19-146)
The city government is a large organization provide a wide variety of services to Provoans. This is the comprehensive financial report, including an independent audit. 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 appointing John Magness as a Policy Analyst for the Provo City Municipal Council. (19-140)
After an open and thorough hiring search, John Magness will be appointed as a Policy Analyst for the City Council. I was able to meet Mr. Magness in the last round of interviews and look forward to working with him in the Council office. He comes with a lot of experience in municipal legislation. Approved 7:0. - A resolution consenting to the appointment of individuals to various boards and commissions. (19-003)
Mayor Kaufusi has recommended several individuals for reappointment or new appointment to the Energy Board - Julie Radle, Cheryl Taylor, Ned Hill, Gary Winterton, and George Stewart. She has also recommended Lisa Jensen as a replacement appointment to fulfill the remainder of Councilor-elect Shannon Ellsworth’s unexpired term on the Planning Commission. George Stewart and Gary Winterton will continue their service to Provo in a new role with the Energy Board along with others being appointed and reappointed. Approved 7:0. - A resolution adopting the 2020 Council regular Meeting schedule. (19-145)
This was item 6 on the work meeting agenda In my chair role, I'm involved with developing the calendar for next year. We try to have two meetings a month, space them evenly, and avoid important public dates. Approved 7:0. - An ordinance amending the Claim Settlement Authority Schedule in Provo City Code and providing for automatic inflation adjustments. (19-149)
This was item 5 on the work meeting agenda As a rule of thumb, prices double every 20 years due to inflation. So limits set 40 years ago have, in effect, shrunk by a factor of 4. I support pegging limits like this to inflation. Approved 7:0. - A resolution adopting an updated water conservation plan. (19-105)
Utah Code 73-10-32 requires retail water providers to adopt an updated version of their Water Conservation Plan every five years. Before adopting the plan, the retail water provider is required to hold a public hearing with reasonable advance public notice. Bowen Collins and Associates Consulting Engineers was hired to update Provo’s Water Conservation Plan. This plan was preliminarily presented to the Council in a work meeting on October 8, 2019. Since then, the plan has been reviewed by the Utah Division of Water Resources and recommended for formal adoption by the Council. Provo City has heretofore exceeded performance metrics established by the State for water conservation and the citizens of Provo deserve to be commended for their responsible use of water. Recently published new regional water conservation goals, however, are more challenging than ever and continued diligence is necessary. Update of Provo’s Water Conservation Plan is due by December 31, 2019. We heard this item in a work meeting in October. Here is what I wrote for the preview and the report:
This draft is a really interesting read. The City has been very proactive in maintaining the water system and in promoting conservation of water. We are well ahead of the State goal of 25% reduction in usage, and we are still pursuing better conservation.”
“I support our efforts to use our water more effectively and this is a strong plan to help us do so.”Approved 7:0. - An ordinance amending Provo City Code to correct and update Title 18 (Storm Water) and the associated design and management manual. (19-109)
This was item 4 on the work meeting agenda This is a timely update of an important manual. Approved 7:0. - A resolution amending the Provo City Impact Fee Facilities Plan “IFFP” with respect to wastewater projects. (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. Here is what I wrote as a report when we heard this item at the last work 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.” Approved 7:0. - An ordinance enacting 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 recommended that the proposed language become a new code section (15.03.105). This throttles the allocation of sewer connections for larger projects and gives priority to projects that are underway and have access to the system without additional construction. The most important method, though, for managing the allocation of sewer connections while waiting for the infrastructure to be built will be the Council deciding on rezone requests. Approved 7:0. - A resolution approving and authorizing a Section 108 loan transaction for $2,500,000 for infrastructure improvements to fulfill obligations related to the expansion of Duncan Aviation. (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 of the agreement. Approved 7:0. - A resolution approving the transfer of $2,500,000 in Section 108 loan proceeds from the CDBG Fund to the Airport Fund for municipal infrastructure related to the expansion of Duncan Aviation. (19-141)
Pending funding of the Section 108 loan agreement with the U.S. Department of Housing and Urban Development, the loan proceeds will be deposited into the CDBG Fund. This resolution is necessary to transfer loan proceeds from the CDBG Fund into the Airport Fund to be reimbursed for airport infrastructure improvements. This is related to the previous item. Approved 7:0. - An ordinance changing the General Plan designation from Public Facilities (PF) to Residential (R) for approx 0.78 acres of real property generally located at 862 E Quail Valley Drive. Edgemont Neighborhood. (PLGPA20190009)
This was item 7 on the work meeting agenda This item has now been continued. - An ordinance amending the Zone Map classification of approx 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 7 on the work meeting agenda This item has now been continued. - A resolution approving and adopting the Project Area Plan for the Medical School Community Reinvestment Project Area. (19-142)
This was item 2 on the work meeting agenda We agreed to pursue TIF for this project as part of the original transaction when we sold off part of the golf course. We need to keep our commitments. But I believe that there have some aspects of the proposal that have changed on the developer’s part. So this item does need to be reviewed carefully. Approved 6:1, with Kay Van Buren opposed. - A resolution approving and adopting the Community Reinvestment Project Area Budget for the Medical School Community Reinvestment Project Area. (19-143)
This was item 2 on the work meeting agenda We agreed to pursue TIF for this project as part of the original transaction when we sold off part of the golf course. We need to keep our commitments. But I believe that there have some aspects of the proposal that have changed on the developer’s part. So this item does need to be reviewed carefully. Approved 6:1, with Kay Van Buren opposed. - A resolution designating a survey area, authorizing the preparation of a draft Community Reinvestment Project Area Plan and Budget, related to “The Mix” project, and authorizing and directing all necessary action. (19-139)
This was item 3 on the work meeting agenda The document states a couple of times that this action doesn’t obligate the government agencies to give property tax incentives. That is true, but it can be taken as a fairly clear signal that that is what we are working towards. This is another project that has morphed significantly since we first started discussing it and signaling our willingness to consider tax increment incentives. The current conversation is about a much smaller incentive, but what the developer is proposing has also been scaled back significantly as far as office and retail. Approved 7:0. - An ordinance adopting the Community Reinvestment Project Area Plan for the Medical School Community Reinvestment Project Area. (19-144)
This was item 2 on the work meeting agenda We agreed to pursue TIF for this project as part of the original transaction when we sold off part of the golf course. We need to keep our commitments. But I believe that there have some aspects of the proposal that have changed on the developer's part. So this item does need to be reviewed carefully. Approved 6:1, with Kay Van Buren opposed. - ***CONTINUED*** Bob Jones requests a General Plan Amendment to change the land use designation in the Provo City General Plan from "Agricultural" to "Residential" within Sections 7 & 18 of T6S R3E, SLM. North Timpview Neighborhood. PLGPA20190352
This item was not ready to be heard. - ***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 item was not ready to be heard. - ***CONTINUED*** Community & Neighborhood Services Dept 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. PLOTA20190328
This item was not ready to be heard.
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