PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
- A discussion on the appointment of members to the Elected Officials Compensation Commission. (21-026)
Per Provo City Code 4.04.130 an Elected Official Compensation Commission is appointed every four years to review and recommend compensation for the positions of mayor and municipal councilors. The commission is required to make its recommendations by April and the recommendations, if they are to be accepted, are voted on by the third week of June. The commission members terms expire at that point. Any changes to compensation take effect in January 2022. Three members of the commission are appointed by the Mayor, three members are appointed by Municipal Council, and the seventh is chosen by the aforementioned six members of the committee.
The following three people have been nominated by the Municipal Council to serve on the Commission:
Taeya Howell - An Assistant Professor in the Management Department at the BYU Marriott School of Business, Taeya Howell joined BYU in August 2016 after being a Research Scholar at New York University's Stern School of Business. She received her B.A. in Sociology from Washington State University, her J.D. from Brigham Young University, and her M.A. and Ph.D. in Management from the University of Texas at Austin. Prior to pursuing her Ph.D., Taeya practiced law for several years focusing on commercial leasing and corporate bankruptcy. She and her husband are the proud parents of four daughters.
Laura Cabanilla - A graduate of Brigham Young University’s J. Reuben Clark Law School, Laura Cabanilla is a partner with the Provo law firm Esplin Weight. Her practice consists primarily of family law and criminal defense. Previously she worked as a prosecutor with the Utah County Attorney’s Office. Laura is a former member of the Provo Municipal Council and has been a long-time member of the U.S. Army Reserves. Lt. Colonel Cabanilla completed a 12-month tour of duty in Kuwait in 2014. She and her husband Dave have four adult children.
Peter Madsen - A professor of Organizational Behavior and Human Resources at BYU’s Marriott School of Business, Peter Madsen's research focuses on employee health and safety, organizational change management, and organizational learning from accidents, incidents, and near misses. He teaches courses on human resource management, organizational behavior, change management, and crisis management at the undergraduate, MBA, and executive MBA levels.Compensation for elected officials is always an uncomfortable conversation because we have to set the level for ourselves. This process was updated a little over four years ago. It was designed to make the process as transparent and insulated as possible. I appreciate the willingness of these nominees to serve our community in this role. It is obvious that all three are more than qualified. A motion to appoint Taeya Howell, Laura Cabanilla, and Peter Madsen to the Elected Officials Compensation Commission, was approved 7:0. - A discussion regarding the future of parking policy. (21-028)
In 2017 the Provo Municipal Council adopted a Strategic Parking Management Plan the mission statement of that plan was “The Provo parking program will strive to develop a superior, customer-oriented parking system, responding to the current and future needs of parkers, including residents, visitors, employees, employers, and property owners through active planning, management, coordination, and communications. The Provo parking program shall be considered an integral component of the community’s economic development strategies and programs.” As part of the plan it has objectives and guiding principles. It has been three years since the plan was adopted and the Council may wish to to review the plan to see if the objectives are being met. We have several perplexing parking problems in Provo. The City has unsuccessfully grappled with parking in Joaquin Neighborhood, just south of BYU, for more than 50 years. We have invested millions of dollars in the construction of parking garages Downtown that currently provide little public value. The public is concerned about the potential for on-street parking congestion when new development is proposed. We don't have a straightforward way to manage on-street parking. There are several congestion "hot-spots" throughout the City that are a headache for the people there. We have been talking about addressing these parking problems the entire time I've served on the Council. Some good steps have been taken, but there is so much more that needs to be done, and we need to be moving with some urgency. As called for in the 2015 Strategic Parking Management Plan, a full-time Parking Administrator is needed to move this forward. Presentation only. - A presentation on the Quarterly Report for the quarter ending 9-30-2020 for Fiscal 2021 (21-007)
Regular presentation of the quarterly report This is the first quarter of the current budget year and is our first look at how the pandemic is impacting it. Through the first quarter, things are looking pretty good. Take a look for yourself. If it's not addressed in the presentation, I'll be asking about Municipal Energy Tax Revenue, Intergovernmental Revenue, Fine Revenue, Water Transfer Revenue, and General Services Expenses. Presentation only. - A presentation on FY 2021 Budget Spreadsheet calculation for Employee Benefits. (21-019)
Some errors were discovered in the 2021 Budget regarding employee benefits, meaning that the overall 2021 budget will be decreased. I appreciate the way this matter is being handled. Mistakes happen. I'm glad to see that they were caught and are being fixed. And it's always nice when fixing the errors lowers the budget. Presentation only. - A presentation on the Parks and Recreation Department Accreditation Process (21-022)
The Provo parks and Recreation Department achieved Department accreditation. This presentation summarizes the process. There is not much information in the Document Packet, but if I remember correctly, this represents quite an achievement that few Parks and Rec departments around the country reach. Presentation only. This item was scheduled for a presentation at the Council Meeting on February 2, 2021. - A presentation regarding the calendar for the budget process for Fiscal Year 2022. (21-015)
The start of the Fiscal Year 2022 has started and as part of this process the Administration reviews with the Municipal Council the sequence of the budget process. The budget process starts in January and continues until the budget is adopted in June. Here is the proposed calendar. Perhaps it's just a given, but the thing that seems missing to me is the discussion between the Council and Administration about budget priorities for the coming year. Presentation only. - A discussion regarding the Administration’s proposal to support Council policy priorities. (21-027)
The Mayor’s Office is proposing to lead dedicated and intensive efforts to address major policy issues that concern the Council. It is envisioned to be used in conjunction with Council Committees and would not replace them. The Administration would work on the issue and make regular reports to the Council during Work Meetings to present what they have learned and get direction from the Council. It is expected that each review would be focused on specific aspects of policy and would last no more than nine months each. I think this is a wonderful idea! Presentation only. - An ordinance amending Provo City Code Titles 9, 14, and 15 to make various technical updates and corrections. Citywide Application. (PLOTA2021003)
Staff in the Community and Neighborhood Services and Development Services departments regularly note code corrections needed throughout their work. Development Services staff has compiled those notes from 2020 and is now requesting various ordinance amendments to correct the code issues found. The majority of the proposed amendments deal with removing references to zones that have been recently repealed (R3, R4, R5, CHDR) and adding recently added zones (VLDR) in Titles 9, 14, and 15 of the Provo City Code. Additionally, staff found language in the Gateway (GW) zone that is not needed in reference to streets that the zone does not abut or becomes repetitive. Specifically, since the GW zone does not border 100 South there does not need to be regulation for that corridor within the zone. Also, the restriction on commercial uses along 100 North is already stated elsewhere in the GW zone chapter, and therefore can be omitted in the referenced Section. Section 9.51.020 referenced repealed zones and was proposed to be amended. However, the Fire Marshall desired to add additional language to match current standards for transport routes, that change was made. Section 14.34.090 incorrectly referenced “Chapter” when explaining height limitations, but should be referencing all of Title 14, that change has been proposed. There are a few pages of City code, with many cross-references. As changes are made, it is almost inevitable that some outdated references will remain. I'm glad our team keeps an eye out for them and proposes these code clean-ups periodically. Presentation only. This item was scheduled for a presentation at the Council Meeting on February 2, 2021. - An ordinance amending the Zone Map Classification of approx. 11acres of real property, located at 1920 W Center St., from Community Shopping (SC2) to Neighborhood Shopping Center (SC1) and Medium Density Residential (MDR). Fort Utah Neighborhood. (PLRZ20200282)
The Provo City Development Services department is requesting a zone change from the Neighborhood Shopping Center (SC2) zone to the Medium Density Residential (MDR) zone and Neighborhood Shopping Center (SC1) for four parcels of land around 1920 West Center Street. The subject property was zoned SC2 approximately 20 years ago for a grocery store. Citizens filed a lawsuit to challenge the zone change and the grocery store was never built. Within the subject property the Dell Cox Family Partnership owns 5.5 acres. Smith’s Food and Drug Centers holds a lease on the Cox property and they own the remaining property. A west-side grocery store is a priority to the city administration and to the citizens of west Provo. The current SC2 zone has had a stifling effect on obtaining a west-side store. Potential grocers are hesitant to move forward with a store if a competing store could be built on the subject property. The city staff has spent years encouraging the property owner to move forward with a grocery store. Since it is apparent a grocery store is not going to happen on the subject property, it is in the city’s interest to rezone the subject property so a grocery store may be located elsewhere on the west side. This is potentially a thorny issue, but I think the narrative that is given is spot on. After a rocky start, the City was patiently waited for more than a decade for Smith's to build a grocery store at the location they own in west Provo. After all this time, if they are not interested in doing so, we will make other plans. Presentation only. This item was scheduled for a presentation at the Council Meeting on February 2, 2021. - An ordinance amending Provo City Code Chapter 6.32. Citywide Application. (21-025)
Staff is updating Chapter 6.32 to reflect State code regulations and to address changing dynamics with mobile food vendors. This should be an interesting discussion. I wonder which of these changes are necessitated by State law. I know the 100' buffer from the entrance of brick and mortar restaurants was a compromise. I'm a bit surprised to see it being proposed for removal. Presentation only. This item was scheduled for a presentation at the Council Meeting on February 2, 2021. - ***Continued*** DR Horton requests a Zone Change from A1.5 and Residential Agriculture (RA) to Low Density Residential and General Commercial for 55.48 acres, located at 1562 S 1100 W. Lakewood and Sunset Neighborhoods. (PLRZ20200394)
This item was not ready to be heard. - ***Continued*** An ordinance amending the Zone Map classification of approximately 8.5 acres, generally located at 1724 South State Street, from CM, RA, R1.6, R1.10, and A1.5 to the MDR Zone. Spring Creek Neighborhood. (PLRZ20190356)
This was continued to a future meeting.
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
Administration: Mayor's Update
Policy Items Referred from the Planning Commission
Closed Meeting
Adjournment
PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:30 PM, Tuesday, February 2, 2021
- A presentation of Accreditation for Provo Parks and Recreation. (21-023)
See my preview for item 5 in the Work Meeting. Presentation only. Public Comment
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State Law prohibits the Council from acting on items that do not appear on the agenda.Action Agenda
- A resolution transferring $614,197 from the General Fund to the Airport Fund for marketing and an interfund loan payment to the Energy fund and appropriating $124,144 in the Airport Fund. (21-018) (20-017)
Provo City has agreed to contribute $50,000 in marketing costs for each new destination Allegiant flies to from the Provo Airport. Allegiant has recently announced Denver and Orange County as new destinations, requiring a $100,000 contribution from the City to Allegiant for marketing purposes. This will be funded with a $100,000 transfer from the General Fund.
On April 21, 2020, the Municipal Council approved a resolution authorizing an interfund loan between the Airport Fund and the Energy Fund for $4,900,526 to purchase land near the Airport. The loan is for 10 years with a fixed principal payment of $490,053 and a variable interest rate equal to the monthly Utah State Public Treasurer's Investment Fund rate. The loan was to be paid back with Airport revenues and if revenues were not sufficient a transfer would be made from the General Fund for all or a portion of the payment. The Airport is currently being subsidized by the General Fund ($141,411 in the fiscal 2021 Budget) and not in a position to make all or a portion of the payment so Administration is recommending a transfer from the General Fund of $514,197 which includes interest of $24,144.This item was discussed two weeks ago in the Work Meeting. The airport is expanding and will grow in importance to our quality-of-life and the viability of our economy. But it does require some investment up-front to reap those benefits down the line. Approved 7:0. - A resolution approving a substantial amendment to the program year 2019 Annual Action Plan incorporating additional funds for COVID-19 Public Health Response. (21-024)
The Office of Community Planning and Development (CPD) of the U.S. Department of Housing and Urban Development (HUD) has notified Provo City of an additional expected allocation of $487,563 in CDBG-CV3 grant funds as part of the CARES Act. The City is required to amend its Annual Action Plan in order to use the funding.
A duly noticed Public Comment Period from January 16, to February 2, 2021 is conducted for citizens, partner agencies, and other interested parties to review and comment on the Plan’s proposed amendment. Electronic copies of the Plan are available for public review at the City’s website. The public hearing on February 2, 2021 will close the Public Comment Period, present the Plan (Exhibit A) to the Municipal Council and public in general, show proposed uses to the recommended projects for CDBG-CV funds (Exhibit B), and an opportunity for the Municipal Council to make final funding determinations for the CDBG-CV3 uses and approve the Substantial Amendment to the Plan.The money will go towards administration, public services, and small business assistance. Approved 7:0. - A Resolution of Intent to create a permit parking area on portions of 820 North from 1025 East to 900 East. Foothills Neighborhood. (20-240)
Foothill resident Brennan Barfuss has requested that the University Garden Parking Permit Area be expanded to include 820 North from 1025 East to 900 East to prevent those who live outside the neighborhood from parking on the street. On February 4, 2020, Provo City Council directed the Community and Neighborhood Services Department to study this proposal and recommend action. This report contains our findings and recommendations. This was discussed at a Work Meeting near the end of last year. The staff is recommending that we do not continue to consider this request. I have to admit that it is kind of odd. It is requesting an extension of a residential parking permit area, but it covers a street that is mostly not residential. Staff instead suggests that we "continue" to enforce the 72-hour limit, but our previous discussions have determined that our enforcement resources are stretched too thin to enforce this regulation effectively. A motion to adopt the resolution failed 0:7, with George Handley, David Harding, Shannon Ellsworth, Bill Fillmore, Travis Hoban, David Sewell, and David Shipley opposed. - An ordinance amending Provo City Code Chapter 6.32. Citywide Application. (21-025)
This was item 10 in the Work Meeting. See my preview for item 10 in the Work Meeting. Approved 7:0. - An ordinance amending Provo City Code Titles 9, 14, and 15 to make various technical updates and corrections. Citywide Application. (PLOTA2021003)
This was item 8 in the Work Meeting. See my preview for item 8 in the Work Meeting. A motion to replace the version of the ordinance in the implied motion with a revised ordinance was approved, after which the ordinance was approved 7:0. - An ordinance amending the Zone Map Classification of approx. 11acres of real property, located at 1920 W Center St., from Community Shopping (SC2) to Neighborhood Shopping Center (SC1) and Medium Density Residential (MDR). Fort Utah Neighborhood. (PLRZ20200282)
This was item 9 in the Work Meeting. See my preview for item 9 in the Work Meeting. Approved 6:1, with Shannon Ellsworth opposed. - An ordinance amending the Zone Map classification of approximately 1.07 acres of real property, generally located at 50 East 3900 North, from Residential (R1.10) to Very Low Density Residential (VLDR). Riverbottoms Neighborhood. (PLRZ20190265)
On November 10, after several hearings by the Planning Commission, the Council voted 6:1 to reject a proposed rezone from Single-Family Residential (R1.10) to Low Density Residential (LDR) in order to build 10 townhomes. The Council indicated that they would be open to hearing a proposal for rezoning to Very Low Density Residential (VLDR) with fewer units at a future Work Meeting. The developer has returned with a new VLDR proposal for 6 units. Here is what I reported after hearing this item in the Work Meeting two weeks ago: This originally came before us as a request for LDR (low density residential). It had a positive recommendation from the Planning Commission and the CNS staff, despite raising concerns with some of the neighbors. We heard from many of the neighbors that they would be satisfied if we would lower the proposal's allowed density by rezoning it as VLDR (very low density residential). Once it was clear that there was insufficient support on the Council to rezone it as LDR, I suggested that we rezone it as VLDR in that meeting. (Because the VLDR zone falls between the current zone and the recommended zone, it is considered a compromise that is allowed within the process that has taken place.) Some on the Council were concerned about rezoning it to VLDR if the applicant wasn't interested in proceeding. We indicated that if the applicant was interested in proceeding with VLDR, they could continue in the process rather than start back over. That is where we are at now. The applicant would like to move forward with a VLDR project, and the Council is considering the request again. A motion to table this item was approved 7:0. - ***Continued***DR Horton requests a Zone Change from A1.5 and Residential Agriculture (RA) to Low Density Residential and General Commercial for 55.48 acres, located at 1562 S 1100 W. Lakewood & Sunset Neighborhoods PLRZ20200394
This item was continued by the Planning Commission and not ready to be heard. - ***Continued***An ordinance amending the Zone Map classification of approximately 8.5 acres, generally located at 1724 South State Street, from CM, RA, R1.6, R1.10, and A1.5 to the MDR Zone. Spring Creek Neighborhood. (PLRZ20190356)
This item was continued to a future meeting.
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