Monday, August 28, 2017

Citizens Agenda for Meetings on August 29, 2017

Council meeting agendas are often difficult for people to navigate. Filled with jargon and legal requirements on how an item must be listed, it can be a challenge to determine what Council members are actually discussing or deciding on. 
What follows is a staff interpretation of the agendas.  
The official published agendas and supporting materials can be found here:


Work Meeting Agenda
12:00 PM, Tuesday, August 29, 2017

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.
  1. A discussion on a conservation easement for Rock Canyon (17-085)
    • The Rock Canyon Preservation Alliance would like to place a conservation easement on Rock Canyon to preserve the property’s natural habitat in the future.
  2. A discussion on the Economic Development Department's efforts in workforce development, startups, and women, minority and underserved populations. (17-087)
    • Council members requested more information from Economic Development to understand their efforts and future plans. This is part of a series of presentations, each with a different focus.
  3. An update on the General Plan review (17-099)
    • Council’s Executive Director has been asked to align the General Plan, Vision 2030, and Vision 2050 with the goal of officially updating the General Plan. This is an update of the work done so far.
  4. Fee updates for Stormwater, Wastewater, Utility Transportation Fund, and the Fire Department (17-101)
    • Acting on a request from the Budget Committee, Council has asked for a regular review of city fees to compare them to actual costs. Around 25 fees are reviewed each time and presented to the Council.
  5. A discussion on the Stormwater Fee Schedule (17-102)
    • An intended new fee for stormwater pollution protection plans (SWPPP) was accidentally excluded from the fee schedule that was passed in June 2017.
  6. A discussion on the Zoning Committee's recommendation to amend Provo City Code 6.26.150 (17-104)
    • Council previously adopted the Code Enforcement Strategic Plan as a guideline for increased enforcement of the City Code. Goal 2 of the Strategic Plan is to use enhanced regulation and enforcement of rental dwelling licenses to increase compliance among landlords with Provo City occupancy laws. This proposed addition to the City Code is a step in achieving that goal. The proposed ordinance would require landlords to have a written contract with any tenant or subtenant leasing from them. The purpose of the ordinance is twofold. First, it educates landlords and tenants regarding the legal requirements regarding the occupancy restrictions of a particular residence. By requiring landlords to provide tenants with a copy of the rental dwelling license application approval letter and the Tenants’ Rights and Responsibilities document, both the landlords and the tenants can have a clear understanding of their legal obligations so that they do not unwittingly violate the City Code. Additionally, it provides a way to indirectly enforce occupancy restrictions against landlords who intentionally violate the City Code. Landlords who are willfully violating occupancy restrictions are forced to choose between informing prospective tenants that they are breaking the law or violating this section of the code, as well.
  7. A presentation and discussion on Budgeting for Outcomes (17-103)
    • Over the past two decades, many cities across the U.S. have been implementing models that use performance measurements to link overarching City priorities and desired outcomes to the budget process. One common model is called “Budgeting for Outcomes.” At Council’s request, staff has been researching Budgeting for Outcomes to formulate a clearer understanding of how it has helped other cities and what the model looks like. Staff will update the Council on that research.
  8. A discussion on the Council's goals concerning minimum unit size requirements (17-111)
    • Council previously passed an amendment establishing a minimum unit size and average unit size for developments in the DT1, DT2, and ITOD zones. Planning staff would like clarification on the Council’s goal in order to guide their future efforts.
  9. A discussion on possible code changes regarding signage (17-110)
    • This discussion about how signage is regulated in Provo City Code is intended to determine whether Council is interested in pursuing code changes in a future meeting.
  10. A discussion involving the Utah Municipal Power Agency (UMPA) and the Hunter Power Plant Assignment (17-115)
    • This is a request from Utah Municipal Power Association (UMPA) to transfer the Hunter Power Plant assets from Provo City to UMPA as agreed upon in the January 1, 2016, sale agreement.
  11. A discussion on funding and appropriations related to an airport improvement project including issuance of sales tax revenue bonds, execution of a Tax Increment Pledge Agreement and development agreement by the Redevelopment Agency, and a resolution appropriating $11,529,568 in the Airport Fund for infrastructure improvements (17-112, 17-113, 17-114)
    • Provo City agreed to provide improvements to the airport to accommodate development related to Duncan Aviation. Funding sources for this project include a 108 Loan to be repaid with CDBG funds, Economic Development Administration grant, bonds to be repaid with tax increment, and a transfer from the General Fund.

  • The Mayor or other members of the city administration often use this time to give updates on current issues, good news, coming events, etc.

Policy Items Referred from the Planning Commission
  1. LaVorn Sparks requests an Ordinance Amendment to Section 14.17.020 to add to Conditional Uses SLU #4603 Longterm Vehicle Storage including autos, trucks, and boats (on unimproved lots when non-contiguous to residential zones) within Public Facilities Zones. City-Wide Impact. 17-0012OA
    • The applicant is requesting that standard land use (SLU) #4603 be added to the public facilities zone as a conditional use. It is uncommon to have privately owned land within the Public Facilities Zone. The applicant believes that the current zone ordinance is too restrictive while the proposed use would be appropriate within the zone and allow a viable economic return on the property.

Closed Meeting
  1. The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
    • Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above.

Board of Canvassers
5:30 PM, Tuesday, August 29, 2017

  1. A resolution of the Provo City Municipal Council and Mayor sitting as The Board of Canvassers accepting the election returns and declaring and certifying the results of the municipal primary elections held in Provo, Utah on August 15, 2017. (17-105)
    • This is a presentation of the final vote tallies in the municipal primary election.

Redevelopment Agency of Provo
Regular Meeting Agenda
5:45 PM, Tuesday, August 29, 2017

Presentations, Proclamations, and Awards
  • Items in this category do not involve legislative action.
  1. A presentation from the Provo Bicycle Committee of the Golden Spoke Award to the Police Department's Bike Patrol
  2. An introduction of the new Provo Bay Neighborhood Chair

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. A resolution authorizing the issuance and sale of up to $6 million aggregate principal amount of sales tax revenue bonds for the purpose of financing certain airport infrastructure facilities; and related matters. (17-113)
    • Provo City agreed to provide improvements to the airport to accommodate development related to Duncan Aviation. Funding sources for this project include a 108 Loan to be repaid with CDBG funds, Economic Development Administration grant, bonds to be repaid with tax increment, and a transfer from the General Fund.
  2. A resolution appropriating $11,529,568 in the Airport Fund, Airport Improvement Project Division for funding infrastructure improvements to the airport applying to the fiscal year ending June 30, 2018. (17-112)
    • See item 3

Redevelopment Agency of Provo
  1. A resolution authorizing the execution and delivery of a Tax Increment Pledge Agreement and a development agreement relating to the construction and financing of certain airport infrastructure facilities; and related matters. (17-114)
    • See item 3

Action Agenda (continued)
  1. A resolution approving an Environmental Assessment and a proposed Land and Water Conservation Fund Property Conversion. (16-113)
    • Land and Water Conservation Funds (LWCF) were previously used for a property along the Provo River. Problems with the boundaries of the property led to the land having no use for Provo City. LWCF rules require that replacement property be identified. Public comment was opened at the August 8 Council meeting and the comments and environmental assessment will be presented at this meeting.
  2. A resolution authorizing the mayor to approve an application for a Byrne Justice Assistance Grant and to execute an interlocal cooperation agreement with Utah county relating to the 2017 Byrne Justice Assistance Grant program. (17-109)
    • This is a grant that Provo City has applied for on an annual basis. This year’s grant would be used to purchase tasers for the Police Department..
  3. An ordinance granting Mobilitie a nonexclusive franchise in order for it to operate a telecommunications network in Provo City, Utah. (17-107)
    • This is a standard franchise agreement required for certain businesses to operate in Provo City.
  4. An ordinance amending Provo City Code to make city noticing requirements consistent with State law. City-wide impact. (17-0014OA)
    • This will make the requirements for giving public notice on land use items consistent with Utah State law.
  5. An ordinance amending the zone map classification of approximately 58.6 acres of real property, generally located at 1500 South State Street, from Light Manufacturing (M-1) to One-Family Residential (R1.10). Spring Creek Neighborhood. (17-0007R)
    • This zone change is not due to a specific development project. The Southeast Neighborhoods Plan adopted in March 2017 designated this area for potential housing needed in the neighborhoods. Changing the zone now would prevent new manufacturing uses. The new zoning would require the medium density residential (MDR) desired in the plan to show they meet the requirements before gaining approval.
  6. An ordinance amending Provo City Code Section 14.20.160 to increase the size of signs permitted in the Regional Shopping Center (SC3) zone. City-wide impact. (17-0015OA)
    • This request is from the Provo Towne Center Mall as they look to increase their signage and replace old signage as part of a redevelopment plan for the mall.
  7. An ordinance amending Provo City Code to eliminate the fa├žade step-back for buildings in the General Downtown (DT1) zone. Downtown Neighborhood. (17-0011OA)
    • This request is part of a project plan to develop a residential/commercial mixed-use project in the downtown area. The step-back requirement changes how much of the area is developable for potential projects.
  8. An ordinance amending Provo City Code to reduce the average apartment square footage from 800 feet to 600 feet in the General Downtown (DT1) and Downtown Core (DT2) zones. Downtown Neighborhood. (17-0013OA)
    • Council previously passed an amendment establishing a minimum unit size and average unit size for developments in the DT1, DT2, and ITOD zones. This request is to reduce the required minimum average unit size only in the DT1 and DT2 zones. The applicant needs this change for a mixed-use project also in agenda item 9.

Stormwater Service District
  1. An ordinance amending the Stormwater Service District Fee Schedule. (17-102)
    • An intended new fee for stormwater pollution protection plans (SWPPP) was accidentally excluded from the fee schedule that was passed in June 2017.

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