Monday, September 6, 2021

Council Meetings - 7 September 2021

There are some big dollar questions on this agenda, as in many tens of millions of dollars. Item 4 on the Work Meeting agenda is the beginning of the deliberation on the $32M in ARPA money, and Levee Question in item 7 could cost several times that.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:30 pm, Tuesday, September 7, 2021


    Business

  1. A presentation regarding FY22 Budget Corrections. (21-015)
    Provo has a large budget, and after reviewing it and working with various departments, we've identified a few corrections that will require an appropriation. Budget time is stressful as the proposed budget evolves as forecasts are revised and deliberations progress. In such a large and complex budget, it is reasonable that small mistakes will be made. I'm grateful that these were found so quickly and brought to the Council so that they can be fixed. Presentation only. An appropriation will be scheduled for the Council Meeting on September 21, 2021. I appreciate the Finance Division's professionalism and transparency. Mistakes happen, and they took care of them.
  2. A presentation regarding the Parkway Village Tax Increment Finance reimbursement agreement - second payment - budget appropriation. (21-097)
    On November 15, 2016, the Municipal Council approved a resolution authorizing the Mayor to execute an agreement between Provo City and Parkway Village LLC. The Council was presented with a request to reimburse the ownership group for certain extraordinary costs associated with the removal of an existing occupied retail pad, participation of the installation of a new traffic signal and the construction of a replacement retail pad. The reimbursement would be funded through retail sales tax increment above the established predetermined sales tax revenue actually generated by the retail center as of a certain date. The baseline revenue was established at $136,476, which represents 1/2 of 1% of total sales generated at the center or that portion of sales tax revenue received by Provo City from the retail center, as provided by the State of Utah. Provo City will continue to receive the baseline amount of $136,476. The developer/owner will receive an annual reimbursement against their actual out-of-pocket expenses, any additional sales tax revenue above the baseline amount of $136,476. The term of the agreement runs for 10 years. In that time the developer/owner will be able to be reimbursed for up to 1/2 the out-of-pocket costs for the expenses. The target reimbursement amount is $1,053,395.86, which is 1/2 of the total out-of-pocket expenses ($2,106791.72). As this is the second payment in the 10-year agreement ($12,855) which represents that amount over the baseline of $136,476, it is not likely that full reimbursement amount will be achieved. I'm surprised that the sales tax for this retail center has not increased more in the last two years, with the arrival of UVX and a rebuilt intersection that provides more convenient access to the retail center. Perhaps as the Mix gets built, this area will become more vibrant. There really isn't a decision to be made, the Council just needs to sign-off on this reimbursement, and we've already agreed to do so. Presentation only. An appropriation will be scheduled for the Council Meeting on September 21, 2021. This is just fulfilling a previously signed agreement.
  3. A resolution Appropriating up to $65,000 in the Fire Department in the General Fund for Fire Truck Equipment. (21-058)
    Provo City held fire truck lease proceeds in escrow during the period of time it took to build a fire truck to the City's specifications. The lease proceeds earned roughly $65,000 in interest while being invested in the Utah Public Treasurer's Investment Fund during this period of time. The City is required to use these interest earnings for the same purpose of the original lease. There is equipment for the fire truck that is needed that can be purchased with these funds. The equipment includes a Raman spectroscopy, a swift water kit, a large area search systems kit, a confined space fan, and a reach and rescue standard pole kit. In order to make the purchases, a budget appropriation approved by the Council is required. The amount of the appropriation will be equal to the amount of interest earned on the lease proceeds, up to $65,000. I don't see any reason not to support this request. Interestingly, I used Raman spectroscopy in my graduate research. Presentation only. This item was already scheduled for the Council Meeting on September 7, 2021. See my report for item #1 in the evening meeting.
  4. A discussion on the American Rescue Plan Act parameters and priorities. (21-096)
    The American Rescue Plan was enacted on March 11, 2021, to help with the COVID19 Pandemic. As part of the funding Provo City will receive around $32,000,000. These funds need to be spent according to U.S. Department of the Treasury rules and regulations. The Administration is giving the Council an update on what the latest guidance from the Treasury Department and how those funds can be allocated. I still have questions about the wisdom of this overall program, but I am interested in making sure our allocation is spent in the most effective way possible on items to provide real value to the community. Presentation only. There has been a lot of money flowing from the federal government. Some of the funds for small business grants went unclaimed. I'm interested in ensuring that any money that is given is used effectively to provide lasting value to Provo.
  5. A discussion on a Percent for Arts program and a City Center water feature. (21-098)
    Some cities and states have Percent for Art programs, which come in various flavors, whereby 1% of the cost of qualifying construction projects is set aside for public art. The proposed plaza water feature, a work of art, intended for the northwest corner of the new City Center building has been cut from the project due to rising construction costs impacting the project budget. It is proposed to discuss using remaining funds in the Legacy CIP Fund to restore the feature. Any proposed appropriation would need to be properly noticed and addressed at a future meeting of the Council. I'm open to this idea. I think that public art is a critical component of a community worth living in. I have mixed feelings about a rigid formula, though. A motion to schedule an appropriation for the Council Meeting on September 21, 2021 to appropriate $400,000 from the General Fund, with the caveat to explore Legacy CIP Funds or another revenue source to replace it was approved 6:1, with Shannon Ellsworth opposed. I support including a component of public art in our large, long-lasting projects. I am wary of getting too far into the details of the art, though. But I did raise a concern that the fountain's placement shouldn't diminish the ability of the plaza to function as a gathering space.
  6. A presentation from the Kem C. Gardner Institute: "Diversity in Utah" (21-094)
    The Council has requested more discussion on diversity and inclusion. The Kem Gardner Policy Institute will present a report it released on May 6, 2021, that includes race, ethnicity, and gender data for Utah. What is the goal of these efforts? According to the presentation that will be given, Utah has the highest level of social capital in the country and has the lowest level of income inequality. What about Utah has brought this about? I would argue that it is the people of Utah -- with our values and heritage. Being welcoming and caring is part of who we are. We must continue this as people from across the country are attracted to Utah's high quality of life. Should we encourage newcomers to embrace the Utah way, which has led to the quality of life that we enjoy, or should we change our society in order to make new people more comfortable? Presentation only. I love that we have high social capital. We have the lowest income inequality in the nation AND the highest upward mobility. Utah is a place where lower-income earners can get ahead, and many are doing so. This is a land of opportunity, more so than anywhere else in the country. Let's keep working to improve on this, but also appreciate what we have.
  7. A discussion regarding the Flood Plan maps and the Levee Plan for the westside of Provo City. (21-079)
    On July 20, 2021, the Council had a presentation regarding the West Side Levee Plan. After that meeting the Council received a presentation regarding the Utah Lake Delta Restoration Project along with a presentation regarding the impact the Delta Restoration Project could have on Provo Municipal Airport. Today the Public Works Department is making a presentation to the Council that is a culmination of all the information that has been presented to the Council. In addition, Public Works will lay out possible options for the Council's consideration in dealing with all the potential impacts facing the West Side in relation to the new Flood Plan Maps, Levees, and the Delta Restoration Project. This is a discussion that is just beginning, and there are many aspects that I don't fully understand, but my initial assessment is that we are not thinking broadly enough when considering all of the options that we have to choose from. Presentation only. Our levees aren't built to the federal standards needed for certification; they may not be able to hold back the Mississippi River during a hurricane. Changes at the national level mean that the FEMA flood maps must be updated to ignore any non-certified levees. These levees were built after the '83/'84 floods, and our Public Works department is confident in them; they have been tested several times since they were built. We are not far from Deer Creek, and we have a pretty good idea of the largest flow of water they would release. There is little risk of flooding, even though the map designation has changed. Also, all new development must raise the ground elevation over the flood level, so the map designation change only impacts the homes built before this policy. So if you take the low-end cost of redoing the levees (~$50M) and divide it by the number of homes that it helps (~250), the cost per house turns out to be $200,000. Average flood insurance is estimated to be less than $1,000 per year.
  8. A presentation from the Parks Department regarding the application for a County Recreation Grant 2021 -Trail Safety Lighting. (21-095)
    Each year, Utah County funds recreation grants to cities from the tourism tax revenue. This year Provo's grant will be $56,796.70 and will be used to purchase additional solar lamps for installation along the Provo River Trail to enhance public safety. Utah County provides the funds that have tight regulations on how the funds can be spent. Provo typically applies it to a fully compliant project that we were planning to do anyway, and that frees up money that is used to provide more services than we would have been able to without the grant. Presentation only. I support this project and the use of this money to further it.
  9. An ordinance amending Titles 14 and 15 of the Provo City Code to remove gendered references and to make stylistic and grammatical corrections. (21-073)
    At the August 24, 2021, Council Meeting the Council Passed this ordinance to make changes to Provo City Code Title 14 and 15 to make the Code gender neutral and to make stylistic and grammatical corrections. It has come to our attention that besides the aforementioned changes there were some substantive changes included. I discussed this in the reports from the last meeting. The non-substantive changes are good to go, but what should we do with the substantive changes? Presentation only. This item was already scheduled for the Council Meeting on September 7, 2021. See items 2 and 3 in the evening meeting.
  10. A discussion on the westside development pipeline. (21-067)
    The sponsors desire to put developers, property owners, and other stakeholders on notice of its intent to clarify and implement policies contained in the Westside Development Policies and Southwest Area Future Land Use Map documents in the near future. There has been much discussion on westside development policies going back several years. The Council referred a number of questions on westside planning issues to the Planning Commission following the August 3, 2021 work meeting. It is anticipated that responses to these questions may take weeks or months. The proposed statement reads as follows: "The Municipal Council of Provo City desires to put developers, property owners, and other stakeholders on notice of its intent to clarify and implement policies contained in the Westside Development Policies and Southwest Area Future Land Use Map documents in the near future. While those policies are under consideration, we anticipate that it will be difficult for the Council to determine that proposed rezones in that area are appropriate. We do not desire anyone to incur expenses and spend time on proposed applications without being aware of the process that we are undertaking. While all applications received will be handled in accordance with the law and will receive full consideration, we encourage developers with proposals in the areas affected by those policies to hold those proposals until after our effort has concluded so that they may have the full benefit of the final policies to consider in making their plans." We are working out more specific rules to clarify and implement the policies in Westside Development Policies and Southwest Area Future Land Use Map. In the meantime, I think it would be good to pass this policy intent statement so that all stakeholders are aware of this effort and that we plan to apply the rules as soon as they are passed. A motion to adopt the intent statement, “The Municipal Council of Provo City desires to put developers, property owners, and other stakeholders on notice of its intent to clarify and implement policies contained in the Westside Development Policies and Southwest Area Future Land Use Map documents in the near future. While those policies are under consideration, we anticipate that it will be difficult for the Council to determine that proposed rezones in that area are appropriate. We do not desire anyone to incur expenses and spend time on proposed applications without being aware of the process that we are undertaking. While all applications received will be handled in accordance with the law and will receive full consideration, we encourage developers with proposals in the areas affected by those policies to hold those proposals until after our effort has concluded so that they may have the full benefit of the final policies to consider in making their plans,” was approved 6:1, with David Sewell opposed. I hope this decreases the number of claims of developers that they should be "grandfathered" into the old policies once we update the current policies.

  11. 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, September 7, 2021

    Opening Ceremony

    Items in this category do not involve legislative action.

    Public Comment

    Instructions for making public comments at this electronic meeting can be found on the officially published agenda: agendas.provo.org.

    Dial 346 248 7799. Enter Meeting ID 818 2441 8246 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 752926.

    Fifteen minutes have been set aside for any person to express ideas, concerns, comments, or issues that are not on the agenda:

    Please state your name and city of residence into the microphone.

    Please limit your comments to two minutes.

    State Law prohibits the Council from acting on items that do not appear on the agenda.


    Action Agenda

  1. A resolution appropriating up to $65,000 in the Fire Department in the General Fund for fire truck equipment. (21-058)
    This was item 3 in the work meeting. See my Preview for item 3 in the work meeting. Approved 7:0. Happy to support this, and it pretty much had to be spent on this...or something related.
  2. An ordinance amending Titles 14 and 15 of the Provo City Code to remove gendered references and to make stylistic and grammatical corrections. (21-073)
    This was item 9 in the work meeting. See my Preview for item 9 in the work meeting. A motion to rescind the ordinance was approved 7:0. A mistake was made; not all of the changes were properly characterized. This is the cleanest way to fix it.
  3. An ordinance amending Titles 14 and 15 of the Provo City Code to make minor substantive changes, remove gendered references, and to make stylistic and grammatical corrections. (21-073 and PLOTA2020003)
    This was item 9 in the work meeting. See my Preview for item 9 in the work meeting. A motion to amend the exhibit was approved 7:0, after which the ordinance was approved 7:0. After reviewing the substantive (yet minor) changes, I felt good about passing them.
  4. ***CONTINUED*** Chris and Karen Knuttgen request a Zone Change from Residential Conservation (RC) to Low Density Residential (LDR) to allow for six townhome units located at 152 E 500 S. Maeser Neighborhood PLRZ20180057
    This item was not ready to be heard.


  5. Adjournment

No comments:

Post a Comment