Sunday, July 21, 2019

Citizens Agenda for Meetings on July 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:

Work Meeting Agenda
2:30 PM, Tuesday, July 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 discussion regarding the creation of a Downtown Parking Committee. (19-002)
    • Discussions about parking downtown have come up frequently in Council and committee discussions. The anticipated business and population growth as well as the relocation of the City Center building have made the need for a proactive approach to parking downtown more pressing. One option to address this need is to create a Downtown Parking Committee.
  2. A discussion of proposed amendments to Provo City Code Section 15.03.035 (Grading) to clarify and change requirements related to grading and grading permits. (19-002)
    • The Foothills Protection Committee has met for the last several months to discuss areas they can assist in the preservation and protection of the Provo City Foothills. This particular ordinance amendment stems from the discussion that Council had during the April 23, 2019, Work Meeting. This is the proposed legislation relating to the initial step that was discussed by the Committee to prevent grading issues in the future. The three things which are being discussed are:
      • (1) Require a Project Plan Proposal with each grading permit. Currently, Provo City Code Section § 15.03.035(2) (Grading) indicates that grading permits can be “obtained at the office of the Provo City Engineer after completion of an application for permit complying with any and all permit requirements.” There are 12 requirements from in PCC § 15.03.035(2) for developers to fulfill. However, if developers were required to provide a plan to fulfill these requirements at the project proposal stage, they will be less likely to abandon grading projects. The additional effort on the part of those seeking a grading permit and gives additional information to Engineering in order to help them as they review projects.
      • (2) Increase bonding requirements for grading permit projects. The grading permit requirements found in PCC § 15.03.035(4) currently require that:
        1. - the work is completed by a licensed qualified contractor,
        2. - payment of all required permit fees and bonds are received prior to commencement of any work, and
        3. - the project complies with any special conditions required by the City Engineer.
    • The Foothills Protection Committee believes that the bonding requirements for grading permits should be increased. Any permit which requires cutting should be given special scrutiny to ensure that the projects are completed to the expected standards.
      • (3) Require a landscaping plan as part of the project proposal. If each project has a landscaping plan, this would show the City the contractor intends to beautify the project upon completion and leave the project in better condition than when they began. This would also provide the Engineering Division additional information on how the contractor intends to beautify the area upon completion of the project. The landscaping component of the project proposal would also likely result in an increase of the bonding requirement.
  1. A discussion of possible legislative efforts to be undertaken by the Foothills Committee of the Municipal Council. (19-002)
    • Councilor Handley will review Provo City's current hillside code and the Salt Lake County ordinance on foothill protection to highlight what gaps the Foothills Protection Committee might address next.
  1. A discussion regarding a proposed Permit Parking Plan ordinance amendment. (19-002)
    • In mid- to late-2018, the Policy Governance Committee began discussions to clean up and make amendments to certain elements of the Permit Parking code (see Provo City Code Chapter 9.80). The Permit Parking Areas currently in code have been subject to certain code language that has been outdated since the Parking Enforcement has gone 21st Century. There is no longer a need for actual permits due to the electronic system that Parking Enforcement has put in place. Then there were some procedural elements that the Policy Governance Committee chose to amend certain elements to tighten up the process and add a step for the Planning Commission to review the Permit Parking Area plans. This step is thought to help the Council obtain a land use perspective on these Permit Parking Area plans. Also, there is a fee added to the Consolidated Fee Schedule.
  1. A discussion regarding a resolution authorizing the Mayor to sign a water carriage agreement with Central Utah Water and the US Department of the Interior. (19-083)
    • The City utilizes A shared water conveyance pipe with other agencies in Provo Canyon. This agreement formalizes how the City will pay for its portion of related costs.
Policy Items Referred From the Planning Commission
  1. A discussion regarding a resolution authorizing the Chief Executive Officer to enter into an Owner Participation Agreement with Mill Race Development, LLC for a project located between 500 S and 600 S, 100 W and University Avenue. (19-084)
    • The Community Redevelopment Agency of Provo City Corporation (RDA) purchased the property at 54 West 500 South in December of 2017 from Intermountain Farmer’s Association (IFA) in order to help IFA acquire their current location in the former OfficeMax building. This led to an opportunity to participate in the redevelopment of the entire block and the RDA can now leverage their ownership of the existing IFA building into a larger development.
    • RDA staff began to meet with the remaining property owners on the block to gauge their interest in participating with the RDA in the redevelopment of the block. Unbeknownst to staff, Mr. Justin Earl had begun negotiations to acquire the largest piece of property on the block. Once the transaction was finished, we had the opportunity to meet with him and ascertain that he would be interested in the redevelopment of the entire block of property.
    • Mr. Earl met with his development team and presented a plan that will include an office tower, condominiums for sale and apartments for lease on the property. The development will also include meeting space and structured parking. Mr. Earl intends to offer some workforce housing as part of the office space. Should a firm lease space in the office tower, they would be able to contract for an apartment that would be available to their employees who make 60% of the area median income. Mr. Earl and his company have worked with the City’s Community Development department to provide both a Development Agreement and PRO Zone for this block and are now looking to have the attached Owner Participation Agreement (OPA) approved in order to begin the construction process.
    • The OPA provides for the transfer of property to Mr. Earl’s company with the requirement that the development could pay the RDA back after 10 years at the market value of $1,600,000 or pay the RDA back at a later date by appraising the development and paying the RDA one-fourth of the land value of the project, one-fourth being the RDA’s approximate holding in the block. The developer is also asking the RDA to consider providing tax increment to the project in exchange for public parking in the parking structure.
  2. An ordinance to amend Provo City Code regarding design standards in various Higher Density Residential and Campus Mixed Use zones. Citywide impact. (PLOTA20190025)
    • Community Development has identified deficiencies in the Campus Mixed Use Zone pertaining to design regulation. The zone currently only requires one door on each street frontage, has no habitable first floor requirement or any regulation of windows and visual permeability at the first floor. Staff is studying amendments to the zone to provide sufficient regulation of these design elements. Staff has also integrated previously proposed amendments to the materials standards into these proposed amendments. The amendments under consideration include the following.
      • A minimum habitable first floor depth as measured from the street facing fa├žade. In the downtown this is 30’.
      • A minimum number of pedestrian building entrances. For residential in the downtown an exterior entrance is required for each street facing unit.
      • A minimum requirement for first floor windows and openings.
      • Planning Commission recommended approval with conditions.

    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, July 23, 2019

    Opening Ceremony
    • Items in this category do not involve legislative action.

    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. A resolution consenting to the appointment of individuals to the Transportation and Mobility Advisory Committee. (19-003)
      • Mayor Kaufusi has recommended that Stephen Mongie and James Hamula serve on the Transportation and Mobility Advisory Committee. Their appointments are subject to the advice and consent of the Municipal Council and have been submitted to the Council for review.
    2. An ordinance to amend Provo City Code regarding design standards in various Higher Density Residential and Campus Mixed Use zones. Citywide impact. (PLOTA20190025)
      • This was item 7 on the work meeting agenda.
    3. An ordinance amending Provo City Code Chapter 9.80 to update language and amend procedures regarding permit parking areas. (19-002)
      • This was item 4 on the work meeting agenda.
    4. A resolution authorizing the Mayor to sign a water carriage agreement with Central Utah Water and the US Department of the Interior. (19-083)
      • This was item 5 on the work meeting agenda.
Redevelopment Agency of Provo
  1. A resolution authorizing the Chief Executive Officer to enter into an Owner Participation Agreement with Mill Race Development, LLC to transfer Agency-owned property for a project located between 500 S and 600 S and 100 W and University Ave. (19-084)
    • This was item 6 on the work meeting agenda.
  2. A resolution approving a lease agreement with Blue Sky Development to allow them to utilize parking spaces for a pending mixed-use project at 105 East Center Street. (19-070)
    • Staff has been working with McKay Christensen on a proposed mixed-use development at the corner of Center Street and 100 East. The ground floor will be commercial and the remaining floors will be residential with a mix of studio, one- and two-bedroom apartments. Mr. Christensen intends to provide all the necessary parking for his project in a parking structure at the center of the complex.  However, the cost to provide parking onsite for his commercial uses is proving to be cost prohibitive. Mr. Christensen is requesting he be allowed to utilize a portion of the 204 parking spaces allocated to the Redevelopment Agency in the Wells Fargo parking structure. The Redevelopment Agency previously approved 63 East using 40 of those spaces for the residents of 63 East.

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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