Council Meetings - 10 March 2020

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 pm, Tuesday, March 10, 2020

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 the Provo Police Department's FY 2020-2021 budget. (20-007)
   The Police Department will present a pre-budget summary to review department budget management, trends, and developments in the operations with the Municipal Council. We are significantly short on police officers, and it affects the ability to provide the level of service the community wants and strains our police officers. Last year we made a good dent in staffing hole, but we still need to add 3 or so more officers a year for several more years to get to a manageable level, that would still be well below the national average as well as state averages for police staffing. I'm interested to see how this is presented this year. Presentation only. The Police Department is requesting 5 additional officers. This would bring us to the level that the Police Executive Research Forum advised the City that we should be at when they reviewed our department in 2012.
2. A presentation regarding the Capital Improvement Projects (CIP) for FY 2020-2021. (20-045)
   The information presented will inform future budget discussions. In the final Work Meeting in April 2020, the Council will give the Mayor a list of their budget priorities for consideration as Administration and Finance draft the FY 2021-2022 budget. That's a 153-page document, but oh so important. It lays out major projects for the City for the next 5 years and the projected funding sources. Presentation only. The link to the document that was included in our document packet was for last year's CIP. I carefully reviewed the document and came with several questions, but only half of them still applied.
3. A presentation regarding the Administrative Services FY 2020-2021 budget (Finance and Human Resources Divisions only). (20-007)
   The Administrative Services Department will present a pre-budget summary to review department budget management, trends, and developments in the operations with the Municipal Council. This presentation will cover the Finance and Human Resources Divisions. Other divisions will be presented at another meeting. Each department is giving us a budget preview. Presentation only. This item will be brought back to the Work and Council Meetings on March 31, 2020. We are in the midst of an unprecedented period of economic growth in the country. We need to be careful that we are prepared for the next downturn.
4. A presentation regarding Library Services' FY 2020-2021 budget. (20-007)
   Library Services will present a pre-budget summary to review department budget management, trends, and developments in the operations with the Municipal Council. Each department is giving us a budget preview. Presentation only. Books, Building, and Bytes. The Library is focused on providing great services to our community
5. A presentation regarding the regulation of short-term rentals. (20-049)
   Starting last year, the Council asked that staff investigate the use of short-term (30 days or fewer) rentals in Provo, what the possible impacts they are having in Provo are, and issues Code Enforcement is having with them. Staff have completed that work and will present some recommendations on how to regulate the use of short-term rentals. For a while now, I feel that the City has adopted a "don't ask, don't tell" approach to STRs. I believe it is time to create some reasonable regulations so that STRs can be operated legally in a way that doesn't hurt the community. Presentation only. The Council discussed the possibility of creating an ad hoc committee to address issues for short-term rentals. STRs are here. It is already allowed in some areas of Provo. It is not allowed in most areas. But there are STRs everywhere. The City has purchased software to monitor the listings. We need to revisit our policy to make sure that we can maximize the benefits of STR and minimize the negative impacts. It looks like we need to create a subcommittee to draft a recommendation.
6. A presentation regarding Stormwater Quality Updates. (20-050)
   Public Works will be bringing to the next regular Council meeting changes to the Drainage Manual and Title 18 of City Code to address the State of Utah's new retention/low-impact development rule. I support the State's new emphasis on retention and low-impact development for stormwater, as long as it can be done feasibly. Presentation only. This is looking good.
7. A discussion regarding licensing for restaurants with ancillary breweries. (20-057)
   In the last Council Meeting on February 18, 2020, the Council amended Provo City Code to permit restaurants with ancillary microbreweries as a permitted use in General Downtown (DT1), Downtown Core (DT2), and Regional Shopping Center zones. The ordinance included a sunrise clause which specified that the ordinance would not take effect until the Council authorized the issuance of a beer license for such restaurants. It is proposed that the Council create a committee to address licensing for restaurants with ancillary breweries. It is anticipated that the committee would bring a proposal to a Council Work Meeting within the next month or so. We need to create a license for the newly allowed brewpub land use. I feel that it is the right time to review all of our beer license policies to make sure they are aligned with our goals and objectives. A motion to recommend creating a committee to look at alcohol licensing, comprised of three Council members (two of whom voted in favor of land use change, with one who voted against it), with the mission statement: “to review current city policy regarding alcohol licenses, study best practices and options for regulation, recommend city policy and regulations for alcohol licenses to the Council, and make a recommendation or an update by March 31, was approved 7:0. A motion for David Harding to serve as Chair, David Sewell as Vice-chair, and Shannon Ellsworth as a committee member was approved 7:0. There was some disagreement on the approach. Some thought it would be better to first pass licensing to accommodate brewpubs and then begin looking at beer licensing more broadly.
8. A discussion regarding Interlocal Agreements regarding the Medical School project between the Redevelopment Agency of Provo City and Provo City, Utah County, Provo School District, and the Central Utah Water Conservancy District. (20-051, 54-56)
   Provo City and the Redevelopment Agency have previously approved the sale of 3 holes at the Provo Municipal Golf Course to a developer building a medical school and associated housing. Provo also 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 in order to help meet the infrastructure obligations of the proposed development. This is not related to the balance of the medical school development or a reimbursement for the developer paying to relocate the 3 golf holes.
   
   The proposed interlocal agreements allow for the Redevelopment Agency to capture a portion of the increase in tax revenues associated with the construction of the housing units. The City will use these revenues to pay for enhancements to the golf course and to reimburse the developer for certain sewer improvements needed for the construction of the housing units. This is part of the execution of the agreement previously entered into. This item was already scheduled for the Council Meeting on March 10, 2020. The presentation was continued to the Council Meeting.
9. A discussion regarding the Project Area Plan and budget for The Mix Community Reinvestment Project Area. (20-052)
   "The new owners of the former Plumtree Plaza on University Parkway (now known as The MIX) plan to demolish and rebuild the portions of the area they own in order to reestablish and revitalize the center. They have requested help with the construction of the sewer upgrades required for the project.
   
   The Redevelopment Agency (RDA) has requested an estimated $7.92 million in property tax revenues that will be generated by development within the Project Area to fund a portion of project costs within the Project Area.  These property tax revenues will be used for the following: mandatory housing allocation as required by statute, payment and reimbursement of infrastructure costs, incentives to developers, RDA administrative expenses, taxing entity mitigation payments, and other expenditures as authorized by law.
   
   These property taxes will be levied by the following governmental entities, and, assuming current tax rates, each will pay the RDA as follows:
   • Provo City -  $1,253,669
   • Utah County - $ $324,042
   • Provo School District - $1,681,946
   • Central Utah Water Conservancy District - $247,901
   All of the property taxes to be paid to the RDA will be generated only if the Project Area is developed.
   It is important to note approval of this resolution does not commit the Agency or any taxing entities future tax increment to a project. Commitment of tax increment would require the affected taxing entities to enter into voluntary agreements with the Agency. A copy of the Project Area Budget is available at the Redevelopment Agency offices in the Provo City Center building." This has been a bit of a nightmare project, probably for everyone involved. I would like to see it get done and done quickly. I do worry, though, that the "increment" is being calculated on the value of the property after they demolished the buildings and drove the businesses out. I don't know if that is fair to use as the baseline. This item was already scheduled for the Council Meeting on March 10, 2020. The presentation was continued to the Council Meeting.



Policy Items Referred from the Planning Commission

10. A discussion regarding the Utah County Health Department’s preparations for COVID-19  (novel coronavirus). (20-061)
    Members of the Council have requested that the Director of the Utah County Health Department discuss the the coronavirus and the County's preparations. Presentation only. I imagine you've heard something about this topic recently. It was in this presentation that I learned the difference between quarantine and isolation. Quarantine is for people who may have been exposed, isolation is what it's called once the illness is confirmed.
11. A discussion regarding ordinances approving various amendments to Provo City Code Title 14 for consistency and stylistic purposes (PLOTA20200042) and amending Section 15.08.060 (Impact Fee Calculations). Citywide application. (PLOTA20200042)
    The Provo City Council has proposed amendments to Titles 14 (Zoning) and 15 (Land Use and Development) of the Provo City Code to correspond with recent changes in those Titles. Most of the proposed changes are minor. A full list is included below:
    
    • Correcting terminology in regards to accessory living spaces in Sections 14.21A.020 and 14.50(9).020
    • Adding “Rail Stations” as a land use type to tables in Sections 14.37.050 and 14.37.065 to clarify that rail/bus terminals and stations/airports bicycle parking standards are reflected under the proper land use
    • Correcting the design standard reference for the Medium Density Residential (MDR) and and High Density Residential (HDR) zones in Sections 14.14B.080 and 14.14B.080
    • Updating the adopted date for Impact Fee Calculations, Section 15.080.060
    Planning Commission recommended approval. Presentation only. This item was already scheduled for the Council Meeting on March 10, 2020.
12. The Public Works Department requests a General Plan Amendment for adoption of the 2020 Transportation Master Plan. Citywide application. (PLGPA20200038)
    The Transportation Master Plan (TMP) is an appendix to the General Plan and provides guidance on future transportation needs within the City. The TMP provides information on current and future transportation conditions to be taken into consideration when reviewing future development projects and capital improvements. Planning Commission recommended approval. This item was already scheduled for the Council Meeting on March 10, 2020. The presentation was continued to the Council Meeting. See my report for item 14 in the evening meeting?
13. Text Amendment to the Professional Office (PO) Zone (Section 14.16.020) to allow private educational services as a conditional use. Citywide application. (PLOTA20200047)
    The proposed Ordinance Text Amendment is a staff-initiated amendment to add “Educational Services” to the list of conditional uses in the Professional Office (PO) zone. State law permits public and charter schools in any zoning district; however, a private educational facility is not currently permitted in a PO zone because “Educational Services” is not listed in the list of permitted uses. Staff feel that, with adherence to the proposed conditions, private educational facilities are compatible with other uses in the PO zones.
    
    It was recently brought to the attention of staff that a private school occupies an existing office building in an existing PO zone. The school was initially permitted there because it was thought to be a charter school; however, it is actually a private school and therefore is not currently permitted. The school has been operational for several months and does not seem to be causing major impacts to the surrounding properties, so the proposal to allow private educational facilities as conditional uses, with specific codified conditions, seemed the logical way to allow the school to continue operating in the zone.
    
    Proposed conditions to which a private educational facility would be required to adhere when operating in a PO zone include:
    
    • 1. Following the parking provisions of Section 14.37.060 of the Provo City Code;
    • 2. Having a detailed parking and circulation plan prepared by a professional which empirically concludes the existing or proposed facility will not negatively affect area traffic or surrounding uses;
    • 3. Conform to all health, safety, and building codes; and
    • 4. No exterior lighting shall shine directly into adjoining properties.
    The owner of the property had previously requested that a portion of the lot that had been zoned as Public Facilities (PF) be rezoned to Low Density Residential (LDR) to accommodate townhomes, but neighbors had concerns about the impact on traffic, future development, and aesthetics. in the Council Meeting on January 7, 2020, the Council rejected the proposed rezone 7:0.
    
    Planning Commission recommended approval. This item was already scheduled for the Council Meeting on March 10, 2020. The presentation was continued to the Council 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

---

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, March 10, 2020

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.




Redevelopment Agency of Provo

The Provo Municipal Council also serves as the executive board of the Redevelopment Agency (RDA). Certain items must be heard by the RDA.


Consent Agenda

Items in this category will be voted on together. All items on the Redevelopment Agency of Provo Consent Agenda were approved 7:0. These all relate to our commitment made during the negotiation that we would create a Community Reinvestment Project Area for the housing portion of the medical school.
1. A resolution authorizing the Redevelopment Agency of Provo City to enter into an interlocal agreement with Provo School District for the Provo Medical School Community Reinvestment Project Area . (20-056)
   
This was item 8 on the work meeting agenda.
2. A resolution authorizing the Redevelopment Agency Of Provo City to enter into an interlocal agreement with Central Utah Water Conservancy District for The Provo Medical School Community Reinvestment Project Area. (20-055)
   
This was item 8 on the work meeting agenda.
3. A resolution authorizing the Redevelopment Agency of Provo City to enter into an interlocal agreement with Provo City for The Provo Medical School Community Reinvestment Project Area. (20-051)
   
This was item 8 on the work meeting agenda.
4. A resolution authorizing the Redevelopment Agency of Provo City to enter into an interlocal agreement with Utah County for The Provo Medical School Community Reinvestment Project Area. (20-054)
   
This was item 8 on the work meeting agenda.


Action Agenda

5. A resolution of the Redevelopment Agency of Provo City Approving adopting the Project Area Plan for The Mix Community Reinvestment Project Area.(20-052)
   
This was item 9 on the work meeting agenda. Approved 5:2, with David Harding and David Shipley opposed. I said in the meeting, shortly after this vote, that I had made a mistake by not voting for this item. This item is specifically about the creation of the project area and I do not object to that.
6. A resolution Redevelopment Agency of Provo City approving and adopting The Community Reinvestment Project Area Budget for The Mix Community Reinvestment Project Area. (20-053)
   
This was item 9 on the work meeting agenda. Approved 4:3, with David Harding, Travis Hoban, and David Shipley opposed. This is the item that I object to. The budget for the project area sets the "baseline" on valuation years into the project when many of the buildings had been torn down. If we grant tax increment incentives then the increment should be calculated from what was there before, not once everything is in disarray.


Action Agenda (Provo Municipal Council)

7. A resolution appointing individuals to The Metropolitan Water Board Of Provo. (20-003)
   
Three people will be appointed to fill vacancies on the Metropolitan Water District Board. Approved 6:1, with Shannon Ellsworth opposed. We had an abundance of well-qualified applicants to serve. It was a pleasant chore to try to pick between such capable people willing to serve their community.
8. An ordinance approving various amendments to Provo City Code Title 14 for consistency and stylistic purposes. Citywide application. (PLOTA20200042)
   
This was item 11 on the work meeting agenda. Approved 7:0. Clerical.
9. An ordinance amending Provo City Code Section 15.08.060 (Impact Fee Calculations). Citywide application. (PLOTA20200042)
   
This was item 11 on the work meeting agenda. Approved 7:0. Clerical.
10. A resolution authorizing Provo City to enter into an interlocal agreement with the Redevelopment Agency Of Provo City for The Provo Medical School Community Reinvestment Project Area.(20-051)
    
This was item 8 on the work meeting agenda. Approved 7:0. This is the flip side of the consent agenda voted on by the RDA board.
11. An ordinance amending Provo City Code relating to Section 18.03.040 and the Drainage Manual. Citywide Application. (20-050)
    
At a December 2019 Council meeting, Public Works presented generally on the topic of upcoming State of Utah rule changes regarding stormwater retention and low-impact development. Now that the rule is going into effect, they are presenting the specific changes they are recommending be adopted in the Storm Drainage Manual and to Title 18 of City Code. Approved 7:0. This is a good improvement to City policy. It is a better, more responsible way to handle stormwater and brings us in line with State law.
12. An ordinance of Provo City Adopting the Community Reinvestment Project Area Plan for The Mix Community Reinvestment Project Area. (20-052)
    
This was item 9 on the work meeting agenda. Approved 5:2, with David Harding and David Shipley opposed. This is the flip side of the item I voted against on the Redevelopment Agency Board.
13. An ordinance amending Provo City Code Relating to the Professional Office (PO) Zone to allow private educational services as a conditional use. Citywide application. (PLOTA20200047)
    
This was item 13 on the work meeting agenda. Approved 7:0. There was some thought that instead of allowing private schools in the PO zone, we should consider changing the zoning property in question to PF, which already allows private schools. But the proposal before us was whether private schools should be allowed in the PO zone, and I agree that that is a perfectly acceptable use in a PO zone. There may still be a request in the future to change the zone for that property, at which time I'll consider the arguments for that action.
14. An ordinance amending the Provo City General Plan relating to the Transportation Master Plan. Citywide Application. (PLGPA20200038)
    
This was item 12 on the work meeting agenda. Continued to the Council Meeting on March 31, 2020. I think this is the first real opportunity for this Council to decide on long-range City policy and vision. The biggest point of discussion was around the proposed $70M expansion of 800 N, and whether it was needed, justified, or desirable. That's a lot of money. More broadly, some concern was expressed that the proposed TMP was too auto-centric.
15. ***CONTINUED*** Comm. & Nbhd. Services Dept. requests ord. amend. to City Code 15.20.090--Parking Lot Landscaping. Request seeks to increase the min. canopy coverage & landscaping arrangement within new parking areas. Citywide appl. (PLOTA20190433)
    
This item was not ready to be heard.
16. ***CONTINUED*** The Community and Neighborhood Services Department requests various Code Amendments to Titles 14 and 15 to allow for driveway and parking lot surfaces that are more permeable. Citywide application. (PLOTA20190411)
    
This item was not ready to be heard.


Adjournment