Citizens Agenda for Meetings on February 20, 2018

Citizens Agenda

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:  http://publicdocuments.provo.org/sirepub/meet.aspx

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda
1:00 PM, Tuesday, February 20, 2018

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 motion to reschedule the March 20th meetings
   • Precinct caucuses for upcoming elections have been scheduled for the evening of March 20. In order to allow participation in these caucus meetings, it is being proposed that the March 20 Council meetings be moved to another date. Council staff recommend moving the meetings to March 27.
2. A presentation and discussion on wastewater planning (17-131)
   
   • A decision needs to be made regarding Provo City’s wastewater infrastructure, specifically regarding the wastewater treatment plant. The Public Works Department will present information regarding potential issues relative to the treatment plant and development on the west side of Provo.
3. A presentation regarding a proposed appropriation to fund the demolition and construction of Block 90 (R.C. Willey Block) (17-106)
   
   • Council, acting as the Redevelopment Governing Board, previously authorized funds for demolition of the former R.C. Willey building and others on Block 90 to facilitate construction of a temporary parking lot. This appropriation is to cover additional unexpected expenses.
4. A presentation regarding a proposed appropriation to the Housing Consortium Fund to pay for approved self-help projects. (18-025)
   
   • In December of 2016, Rural Housing Development Corporation (RHDC), dba Self-Help Homes returned $150,000 to the RDA as a refund from funds that had been disbursed for the purchase of land in Salem to begin the Nebo Gateway housing project.  The receipted funds were processed as a loan repayment instead of a refund, thereby reducing the budgeted amount available to continue the project.  On February 5th, RHDC submitted a request reimbursement of $150,000 for improvements costs which alerted us to the funds not being available in the budget.  These funds will be appropriated from available revenue received in the current fiscal year.
   • After a reconciliation of department records with HUD systems, we identified $78,670 in HOME funds reserved for Community Housing Development Organizations (CHDO) that were allocated to RHDC and available in HUD systems, but have not been appropriated in the City budget.  The funds were awarded for the construction of a new single-family housing project, which is now underway.  These funds will be appropriated as budget authority against HUD’s line of credit for HOME projects.
5. A discussion on revisions to the rental law ordinance (17-104)
   
   • In November 2017, Council adopted an ordinance about rental law. In January 2018, the Council revisited the ordinance after several revisions were proposed. Since then, the Zoning Committee has considered the proposed revisions and would now like to recommend an updated version of the ordinance for the Council’s consideration. Some of the revisions include:
     
     1. Changing the effective date from March 1st, 2018 to August 1st, 2018.
     2. Changing the title from “Contract Required” to “Rental Disclosure Required.” 
     3. Adding “or lessor’s agent,” throughout in order to handle the property manager issue. 
     4. Adding an affirmative defense if the lessee has requested the disclosure in writing but has not been provided it. 
     5. Adding “acknowledging the lease of the property” to (4)(d).  
     6. Adding back language regarding “reasonable cause” to subsection (5).
6. A discussion on the Storm Water Master Plan and Design (18-026)
   
   • The Storm Water Division operates and maintains Provo City’s storm drains year-round to minimize flooding and water pollution within the city. The Storm Water Master Plan provides an overview of the various state and federal regulations that must be met and outlines the City’s efforts to plan, develop, implement, and enforce a plan that will satisfy those requirements.

Policy Items Referred From the Planning Commission

7. A discussion on an ordinance amending Provo City Code to increase the number of residential units needed for recreational amenities in the General Downtown (DT1) zone. Downtown Neighborhood. (16-00023OA)
• This is a request to change the ordinance in 14.21A.160 that requires new developments that have more than five units to provide ten percent of the gross floor area as amenity space. This would change the minimum of five units to twenty units for this requirement to apply.
8. A discussion on an ordinance amending Provo City Code to allow Dental Laboratories as a permitted use in the Community Commercial (SC2) Zone. Citywide impact. (18-0001OA)
• This is a request to add dental labs as a permitted use in this zone. The current code allows for dental offices are listed, but not dental labs. The Standard Land Use (SLU) code 6515 normally consists of dental labs and drug rehabilitation. Since drug rehabilitation is not one of the uses being requested, it will be listed as SLU 6515 - Dental Lab Only.
9. A presentation on the Redevelopment and Economic Development Departments and potential budget requests. (18-005)
• These presentations are in anticipation of the budget for the next fiscal year. At a Priorities Retreat in January, the Council identified retail in Provo as an area they would like to tackle. The Economic Development and Redevelopment Departments in Provo City will report on how they’re performing with their budgets and what they may need to accomplish their goals.

Closed Meeting

10. 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.

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda
5:30 PM, Tuesday, February 20, 2018

Opening Ceremony

• Items in this category do not involve legislative action.

Approval of Minutes
Presentations, Proclamations, and Awards

• Items in this category do not involve legislative action.

1. Presentation of the Employee of the Month for February 2018

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.

Consent Agenda

2. A resolution appropriating $284,295 in the New Development Fund for funding demolition and construction of Block 90 (R.C. Willey Block) and applying to the fiscal year ending June 30, 2018.  (17-106)

• Council, acting as the Redevelopment Governing Board, previously authorized funds for demolition of the former R.C. Willey building and others on Block 90 to facilitate construction of a temporary parking lot. This appropriation is to cover additional unexpected expenses.

3. A resolution appropriating $228,670 in the Housing Consortium Fund for funding self-help projects applying to the fiscal year ending June 30, 2018. (18-025)
   
   • In December of 2016, Rural Housing Development Corporation (RHDC), dba Self-Help Homes returned $150,000 to the RDA as a refund from funds that had been disbursed for the purchase of land in Salem to begin the Nebo Gateway housing project.  The receipted funds were processed as a loan repayment instead of a refund, thereby reducing the budgeted amount available to continue the project.  On February 5th, RHDC submitted a request reimbursement of $150,000 for improvements costs which alerted us to the funds not being available in the budget.  These funds will be appropriated from available revenue received in the current fiscal year.
   • After a reconciliation of department records with HUD systems, we identified $78,670 in HOME funds reserved for Community Housing Development Organizations (CHDO) that were allocated to RHDC and available in HUD systems, but have not been appropriated in the City budget.  The funds were awarded for the construction of a new single-family housing project, which is now underway.  These funds will be appropriated as budget authority against HUD’s line of credit for HOME projects.

Action Agenda

4. A resolution authorizing the Mayor of Provo City Corporation to negotiate and execute a Sales Tax Increment Reimbursement Agreement between Provo City Corporation and Woodside Capital Partners, LLC. (18-021)
• This was presented at the Council’s work meeting on February 6, 2018.
• The Economic Development Department is proposing a potential sales tax increment agreement with the new owners of the East Bay Shopping Center in order to provide retail incentives to offset certain costs in attracting new tenants to the shopping center. The purpose is to work with the new property owners of the East Bay Shopping Center to create an incentive agreement to backfill historically vacant storefronts.
• The model for this incentive would be similar to that used at the Parkway Village located on University Parkway. The agreement would allow the owners to recoup up to half of their out-of-pocket expenses and then share additional tax revenue if additional time remains on the term of the agreement, up to actual costs.
5. An ordinance amending Provo City Code Chapter 6.18 (Fire Alarm Regulations) and Provo City Consolidated Fee Schedule to prevent over-frequency of false alarms. (17-133)
   
   • This is the result of an in-depth review of Fire Department fees and it was recommended that a False Alarm Fee be added in order to strengthen enforcement of fire alarm regulations and prevent the frequent occurrence of false alarms. There is also a proposed amendment to Provo City Code regarding fire alarms that details the circumstances where a fee would be charged as well as the regulations regarding alarms.
6. An ordinance amending Provo City Code to increase the number of residential units needed for recreational amenities in the General Downtown (DT1) zone. Downtown Neighborhood. (16-00023OA)
   
   • This is a request to change the ordinance in 14.21A.160 that requires new developments that have more than five units to provide ten percent of the gross floor area as amenity space. This would change the minimum of five units to twenty units for this requirement to apply.
7. An ordinance amending Provo City Code to allow Dental Laboratories as a permitted use in the Community Commercial (SC2) Zone. Citywide impact. (18-0001OA)
   
   • This is a request to add dental labs as a permitted use in this zone. The current code allows for dental offices are listed, but not dental labs. The Standard Land Use (SLU) code 6515 normally consists of dental labs and drug rehabilitation. Since drug rehabilitation is not one of the uses being requested, it will be listed as SLU 6515 - Dental Lab Only.
8. A resolution to place approximately 12.33 acres of real property, generally located at 3278 North Timpview Drive on the surplus property list. Edgemont Neighborhood. (18-018)
• This resolution is to place the Timp-Kiwanis Park property on the surplus property list to allow it to be sold.
• Land and Water Conservation Fund (LWCF) experts have indicated that this property is being increasingly used for Provo School District operations, which is inconsistent with LWCF requirements.
• Over the past year the Parks and Recreation Department has been working with Clegg Consult and the State to remove the LWCF designation on Timp-Kiwanis Park. Upon approval of this conversion, Parks and Recreation proposes that the property is surplussed and sold to Provo School District, who needs the property to meet Title IX requirements. A compromise has been negotiated which would allow for the change of ownership while working with the community to maintain the property as a community park. The proceeds of the purchase are required to be used to purchase land only

4. Adjournment



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What do those numbers at the ends of the agenda items mean?

• Items on the agenda are given a file number by Council staff or Community Development staff to help with tracking the item through the legislative process and to organize the supporting materials.
• You may find it helpful in cases where an item may be worded a little differently on different agendas. Matching up that file number helps you see that it is the same issue.

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