Thursday, April 18, 2019

Citizens Agenda for Meetings on April 23, 2019

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:

Joint Meeting with Transportation Mobility Advisory Committee
12:00 PM, Tuesday, April 23, 2019
    • Council regularly schedules meetings with key boards and commissions to discuss current issues and ways to improve processes.
  • An update from TMAC on the Transportation Master Plan process
  • A general update on TMAC projects and the committee's work
  • A discussion on e-scooters
  • Additional discussion of items of mutual interest as time allows

Work Meeting Agenda
1:00 PM, Tuesday, April 23, 2019

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 presentation regarding proposed changes to the Parking Enforcement Fee Structure. (19-046)
    • A new fee structure is proposed to comply with Utah Legislature HB0336 which modified the assessment of late fees for violations and will cause the City to be out of compliance as of July 1st, 2019. Also, an increase is proposed for all violation fees to cover expected Parking Enforcement operations costs.
    • Parking Enforcement started the transition to become a stand alone function separate from Police and was officially under the oversight of the Customer Service Department in December of 2017. After a full year of analyzing the operations of Parking Enforcement, including staffing, rebranding, equipment, establishing routes, etc., as well as identifying potential immediate and future needs for the enforcement effort, an operating costs versus revenue analysis was completed. An increase in our current operating budget and the budget for the next few years will be necessary. A one-time increase of 25% for each violation fee is proposed.
  2. A discussion about the review of the Urban Deer Program. (19-147)
    • In 2016, the City began an urban deer control program that will end on August 1, 2019. The Council has the opportunity to evaluate the program and determine whether to continue it. Public feedback was gathered on Open City Hall.
  3. A discussion about amending Ordinance 2019-01, previously approved on Jan. 22, 2019, with regard to the development agreement required in order for a zone change at 2300 N. University Pkwy to become effective. Carterville Neighborhood. (PLRZ201800406)
    • The Mix would like to rework the development agreement that was included as part of the rezone for the zone change to ITOD zone. This action is to reconsider that previous development agreement and the completion of a new development agreement.
  4. A discussion regarding the policies and direction of the Foothills Protection Committee. (19-002)
    • The Council recommends that Sign Committee suggested principles be implemented and return to Council with a code amendment at a meeting in May.
    • The Foothills Protection Committee has met to discuss what can be done to protect the east bench of Provo City. As the conversation has progressed, the Foothills Protection Committee is prepared to come back to Council with a suggestion regarding protection of the foothills. the suggested ideas are:
      • Require a project proposal with each grading permit
      • Increase the bonding requirements for grading permit projects
      • Require a landscaping plan as part of a project proposal
    • As Council continues to work on the Foothills Protection issues, they will meet with Salt Lake County experts and discuss what they have done to protect the east side of Salt Lake County.
Budget Committee
  1. A presentation on the Community Development Department and potential budget requests. (19-004)
    • The Community Development Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department.
  1. A presentation on the Public Works Department and potential budget requests. (19-004)
    • The Public Works Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department.
Policy Items Referred from the Planning Commission
  1. A discussion about two ordinances the Zone Map Classification of approximately four acres from 500 S to 600 S and from 100 W to University Avenue. Downtown Neighborhood. (PLOTA20190046, and PLRZ20190047)
    • Justin Earl is requesting approval of a new PRO zone called the Mill Race PRO. This zone is intended to be applied to the block between 500 South and 600 South, and 100 West and University Avenue. The City Council would need to amend the current zoning map to allow this development to occur. The applicant will still need to have a Project Plan approved by the DRC and Planning Commission after a decision is made on the PRO zone text amendment and zone map amendment for the property. The proposed project consists of a parking podium on the east half of the block, with an eight-story office building at the southeast corner, along 600 south and University Avenue; and a condo building on the northeast corner. The rest of the project will consist of two different five-story residential buildings with amenity space and open spaces in between. The zone will allow for buildings up to 195 feet. The proposed text amendment specifically addresses design standards and regulations for the proposed development. The main differences between the ITOD zone and the proposed PRO zone are an increased building height maximum, specifically defined parking standards, and the omitting of the minimum average unit size regulation.
  1. A discussion regarding an ordinance amending the Zone Map Classification of approximately 3.724 acres of property generally located 2400 N 650 E in the R1.10 Zone PD Performance to allow a Development Overlay Zone. Rock Canyon Neighborhood. (PLRZ20190029)
    • This item is the approval of a PD Performance Development Overlay Zone on approximately 3.62 acres of property currently zoned R1.10 Residential. Approval of a PD Overlay Zone follows the same process as a rezoning, but requires a concurrent concept plan be approved in conjunction with the zoning overlay. A Performance Development Overlay allows two development options not otherwise allowed by the existing R1.10 Zone. First, it allows attached single-family units rather than requiring all units to be detached dwellings, in order to create an open space area on the property. Second, it allows a bonus density for additional units than would otherwise be realized within a standard subdivision. Details of the proposed project to be developed in conformance with the provisions of the PD Overlay are provided and discussed with the related item for the project plan.
  2. A discussion regarding amendments to the Provo City Code regarding the Board of Adjustment to comply with State Code. City-wide application. (PLOTA20190097)
    • This item is an Ordinance Amendment to eliminate Subsection (4) from Section 14.05.010 Board of Adjustment Created. At issue is a conflict with the State Code, specifically Section 10.91-701(3)(b). The conflict that is obvious would be where a Board Member would act as part of the Appeal Authority over a decision made by them in their capacity as a Planning Commission member.
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.

Regular Meeting Agenda
5:30 PM, Tuesday, April 23, 2019

Opening Ceremony
  • Items in this category do not involve legislative action.
Presentations, Proclamations, and Awards
  • Items in this category do not involve legislative action.
  1. An update on the City Center construction. (19-042)
  2. Utah Recreation and Parks Association Presentation to Provo Parks and Recreation. (19-049)
Action Agenda
  1. A resolution authorizing the Mayor to execute a Conservation Easement Agreement regarding Provo City property located near the Rock Canyon trailhead. (17-085)
    • Provo City has partnered with the Rock Canyon Preservation Alliance (RCPA) for several years to protect and preserve sensitive lands at the mouth of Rock Canyon.  The RCPA has raised funds from local residents and contributed a 50/50 match to the City purchase of 18.75 Acres from the Lichtey family. This conservation easement memorializes an ongoing commitment to preserve and manage the site in an environmentally sustainable fashion.
Redevelopment Agency Of Provo
  1. A presentation from the Parks and Recreation Department and the Redevelopment Agency regarding creation of a redevelopment area near the East Bay Golf Course. (19-041)
    • This topic was discussed at the Municipal Council's Joint Meeting with the Provo City School Board. The discussion centers around the tax increment that will be derived from the housing associated with the Noorda Rocky Mountain School of Medicine. The Parks and Recreation Department suggested the expansion of the Redevelopment Area to take tax increment to pay for a new golf facility they plan to build near the driving range. The topic will be introduced by the Parks and Recreation with further discussion and information to be presented by Redevelopment.
  2. A resolution authorizing the Chief Executive Officer of the Provo City Redevelopment Agency to modify certain contracts with NeighborWorks Provo. (18-076)
    • The Redevelopment Agency (RDA) is looking to forgive the write-off amounts on all of the Neighborhood Housing Services loans and to determine whether the Council would like to establish criteria for writing off loans. The RDA provided Council with the letter from NHS and staff summed up the amounts and proposal that NHS has established. The write-off amounts of the loans vary and NHS has different proposals for each project they're seeking write off for.
Public Comment
  • 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. An ordinance amending Provo City Code to establish an Officer Rank of Deputy Chief of Police (19-048)
    • Provo City Code 9.01.020 authorizes the Chief of Police, with the consent of the Mayor, to reorganize the Police Department including assigning any subordinate officer to any duty which in the judgment of the Chief the good of the service may require. The Chief of Police, with the consent of the Mayor, intends to appoint a Deputy Chief of Police to better manage the administration and operation of the Police Department. This ordinance amends PCC 9.01.080 to include a Deputy Chief of Police in the ranking of officers. Per past practice, the Occupational Index listed under PCC 4.04.060 Classes and Salary Ranges will be updated to include a Deputy Police Chief (with a pay grade of M2 under Law Enforcement) when the FY2020 Budget is adopted.
  2. A resolution appropriating $2,490,000 funded by lease financing in the Vehicle Replacement Fund for the purchase of two fire apparatuses and related equipment applying to the fiscal year ending June 30, 2019. (19-043)
    • The Council is requested to approve the appropriation of the funds approved in the April 9, 2019 meeting for the lease-purchase financing of Fire Vehicles in the Vehicle Replacement Fund. This is part of an ongoing effort to maintain the fleet of Fire vehicles through lease-purchase agreements.
  3. An ordinance enacting the Mill Race PRO Zone. Downtown Neighborhood. (PLOTA20190046)
    • This was item 7 on the work meeting agenda.
  4. An ordinance amending the Zone Map Classification of approximately 3.7 acres of real property, generally located between 500 S. to 600 S. and from 100 W. to University Ave. from ITOD to Mill Race PRO Zone. Downtown Neighborhood. (PLRZ20190047)
    • This was item 7 on the work meeting agenda.
  5. ***CANCELLED / DOES NOT REQUIRE COUNCIL APPROVAL*** An ordinance amending the Zone Map Classification of approx. 4.00 acres generally located from 500 S to 600 S and from 100 W to University Ave to approve a PRO zone for a mixed-use development. Downtown Neighborhood. (PLPRO20190045)
    • This was publicly noticed to be on the agenda, but does not need to be approved by the Council.
  6. An ordinance amending the Zone Map Classification of approx. 3.724 acres of property generally located at 2400 N 650 E to combine the Performance Development Overlay (PD) Zone with the underlying R1.10 zone. Rock Canyon Neighborhood. (PLRZ20190029)
    • This was item 8 on the work meeting agenda.
  7. An ordinance amending Provo City Code regarding the Board of Adjustment to comply with State Code. City-wide application. (PLOTA20190097)
    • This was item 9 on the work meeting agenda.
  8. An ordinance amending Ordinance 2019-01, previously approved on January 22, 2019, with regard to the development agreement required in order for a zone change at 2300 N. University Pkwy to become effective. Carterville Neighborhood. (PLRZ201800406)
    • This was item 3 on the work meeting agenda.


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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To send comments to the Council or weigh in on current issues, visit Open City Hall

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