Friday, February 14, 2020

Citizens Agenda for Meetings on February 18, 2020

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
1:00 pm, Tuesday, February 18, 2020

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 the fiscal year (FY) 2021-2022 budget from Public Works. (20-007)
    • The Department of Public Works will present a pre-budget summary to review department budget management, trends, and developments in the operations with the Municipal Council. Each specific operation unit of Public Works will be covered.
  1. A discussion regarding information on restaurants with ancillary breweries. (PLOTA20190378)
    • Council staff will briefly review what information has been published so far and where the Council can find it. Councilors are welcome to request any other information they would like staff to find before the Council Meeting that evening.
  2. A discussion regarding the appropriations on the agenda for the evening Council Meeting. (20-035, 20-038, 20-039, and 20-040)
    • In the evening meeting this evening, the Council will hear four proposed appropriations: 1. A resolution appropriating $15,000 in the General Fund for a public bike rack expansion project. (20-040) 2. A resolution transferring Personnel Budget of $200,000 from the Community and Neighborhood Services Department in the General Fund to the Development Services Department in the General Fund. (20-039) 3. A resolution appropriating $26,819.85 in the General Fund for a reimbursement as per the terms of the Participation and Reimbursement Agreement between Provo City and Parkway Village Holdings, LLC. (20-038) 4. A resolution appropriating $3,638,455 in the General Fund for the design and construction of a new roadway, utilities, and infrastructure at the Mountain Vista Business Center. (20-035) Please refer to the Council Meeting agenda for more information about each appropriation. This item on the Work Meeting agenda will give the Council (especially newly elected Councilors who have not yet heard any appropriations) the opportunity to ask any clarifying questions before hearing the appropriations that evening.
  3. A discussion regarding the 2020 Consolidated Plan goals and priorities to direct Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funding. (20-036)
    • The Consolidated Plan (ConPlan) is designed to help local jurisdictions to (1) assess their affordable housing and community development needs and market conditions and to (2) make data-driven, place-based decisions. Through the ConPlan, grantees engage the community in the process of developing and reviewing the proposed plan and in the implementation of the same. Executive Summary. Housing Market Analysis. Housing Needs Assessment.
  4. A discussion regarding zoning enforcement. (20-037)
    • For the past several years, Community and Neighborhood Services has reported to the Council in a Work Meeting concerning the effectiveness of their zoning enforcement efforts. This report will include any available statistics concerning the effectiveness of the new zoning disclosure ordinance due to intense public interest on the topic. The report will also include an update on the average tenure of zoning enforcement employees. During last year’s report, it was reported that the average tenure of those employees was only nine months, which makes it very difficult to have a well-trained, effective, and professional zoning enforcement department.
  5. A discussion regarding Community and Neighborhood Service's vision for the General Plan and Neighborhood Plans. (20-044)
    • Gary McGinn will update the Council on Community and Neighborhood Service's work on the General and Neighborhood Plans and discuss potential directions to take these plans in the future. Staff are seeking direction from the new Council as they continue to plan Provo's future.
  6. A discussion regarding the Provo Power renewable energy goal for 50% renewable sources by 2030. (20-043)
    • In the Energy Board Meeting on February 3, 2020, the Board voted (4:0) to recommend a goal to reach 50% non-carbon energy production by the year 2030. Staff recommended this goal be presented to the Municipal Council. In order to meet this goal, Provo will need to continue acquiring Green resources for the next 10 years. Provo currently produces over 25% of its power from hydro and solar, and that percentage should increase to 45% with the building of a large solar farm near Mona.

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, February 18, 2020

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. Introduction of the new Grandview South Neighborhood Chair. (20-041)
  2. presentation on the Timpview Trail Neighborhood Matching Grant Project in the Indian Hills Neighborhood. (20-042)
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 various boards and commissions. (20-003)
    • Mayor Kaufusi has recommended several individuals to be appointed to various City boards and commissions. The Council has reviewed the recommendations, met the tentative-appointees, and will now consider a resolution to appoint those individuals to the respective boards and commissions. The appointees are Zach Atherton, Thomas Taylor, and Daren Smith to the Arts Council, David Shipley to the Library Board, and Beth Alligood to the Housing Authority.
  1. A resolution appropriating $15,000 in the General Fund for a public bike rack expansion project. (20-040)
    • In Provo's contract with Zagster for the scooter program, they were to pay the City a fee of $25,000. It was anticipated that the City would use some of that money for bike racks to support bikes in general and the bike sharing program that Zagster is working on in particular. The City has now received that funding and staff have requested an appropriation of $15,000 for bike racks as outlined in the attached Public Bike Rack Expansion Project Powerpoint.
  2. A resolution transferring $200,000 from the Community and Neighborhood Services Department to the Development Services Department. (20-039)
    • In the current fiscal year, the former Community Development Department was split into two separate departments, Community and Neighborhood Services and Development Services. At the time of budget preparations for this fiscal year, it was still unclear exactly which functions and employees would be going to each department. The City now has a better idea of what the personnel budgets should be for each department and is proposing a transfer of $200,000 of budget from Community and Neighborhood Services to Development Services.
  3. A resolution appropriating $26,819.85 in the General Fund for a reimbursement to satisfy the Participation and Reimbursement Agreement with Parkway Village Provo Holdings, LLC. (20-038)
    • On November 15, 2016 the Council approved a resolution authorizing the Mayor to execute an agreement between Provo City and Parkway Village LLC, the ownership group of the Parkway Village shopping center located at 2255 North University Parkway. At the meeting, the Council was presented with a request to reimburse the ownership group for certain extraordinary demolition, development, and construction 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 the retail center as of a certain date. The baseline revenue was established at $136,476, which represents one half of one percent of total sales generated at the center, or that portion of sales tax revenues received by Provo City from the retail center, as provided by the State of Utah. In this agreement, Provo City will continue to receive the baseline amount of $136,476. The developer/owner will receive, on an annual basis, a reimbursement against their actual out of pocket expenses; that is, any additional sales tax revenue above and beyond the baseline amount of $136,476. The terms of the agreement runs for ten years. In that time the developer/owner will be able to be reimbursed up to half the out of pocket costs for the expenses described above. The target reimbursement amount as per the agreement is $1,053,395.86. Further, if the shopping center performs extraordinarily well, and if the owner/developer has earned reimbursement equal to the targeted reimbursement amount, and if there is still time left within the ten-year agreement, the owner/developer will be entitled to half of the tax increment above the baseline. However, at no point will the developer/owner be entitled to more than the out of pocket expenses. That total out of pocket expenses are $2,106791.72. 2 As this is the first payment in the ten year agreement, that is $26,819.85, which represents that amount over the baseline of $136,476, it is not likely that full reimbursement amount will be achieved. However, the agreement does provide for the opportunity to do so, and the City is obligated to reimburse as per the agreement.
  4. A resolution appropriating $3,638,455 in grant funds and sale proceeds for the design and construction of a new roadway, utilities, and infrastructure at the Mountain Vista Business Center. (20-035)
    • On August 15, 2018 Provo City Economic Development Division was awarded a matching grant from the Economic Development Administration for the construction of a new road and utility improvement from the roundabout in Mountain Vista Parkway to State Route 75, also known as 1400 North, in Springville, to provide access to the southern end of the business park and more direct access to I-15 to the west. The road is being built in conjunction with property recently sold to Hall Property Holdings, LLC for the construction and development of the continuation of the business park in the form of new large warehouse, manufacturing, and office buildings.
  5. A joint resolution of the Provo City Mayor and Municipal Council urging support for educating consumers about where Tier 3 gasoline is sold. (20-031)
    • The Mayor’s Substantiality and Natural Resources Committee presented their annual report to the Council in the Work Meeting on January 21, 2020 and asked for the Council to support a resolution regarding the Utah State government taking action to educate the public about which gas stations sell Tier 3 gasoline.
  6. An ordinance amending Provo City Code relating to floor area ratio, setback, and buffer yard requirements in the Research and Business Park (R&BP) Zone. Citywide Application. (PLOTA20190425)
    • The applicant has requested an amendment to Provo City Code 14.44.050 (Tract and Lot Area, Yard, Coverage, and Height Requirements). These requirements apply to the Research and Business Park (R&BP) Zone. This zone is only located in the Riverbottoms Neighborhood at the Riverwoods Business Park. The proposed request would remove the maximum floor area ratio (FAR) requirement for a structure, which is currently 30%. The proposed amendment would add a provision to allow the Development Services Director the ability to modify setbacks and perimeter buffer yards in the zone if certain conditions are met. Staff have reported that this request does not raise any concerns for them. Other requirements for building height, setbacks, and open space would still limit the building's footprint and preserve open space on the lot. Planning Commission recommended approval. This was continued after the first hearing at the February 4, 2020, Council meeting.
  7. An ordinance amending Provo City Code to allow restaurants with ancillary microbrewing as a permitted use in certain zones. (PLOTA20190378)
    • The applicant has had inquiries as the Downtown Neighborhood Chair, about establishing restaurants with microbreweries as part of their business model. The applicant worked with staff to create an amendment to accomplish this goal. The specific language being proposed adds as a permitted use, microbreweries in the above zones only when attached to and ancillary to a restaurant. Restaurants in these areas are currently permitted to sell and serve alcohol based on their business license. This amendment would allow current and future restaurants to brew and sell on site as part of their business. In this case, ancillary to a restaurant means that 60% of the sales would need to be from food. This is the definition of a Class B liquor license. Planning Commission recommended approval.
    • Council staff prepared a report for the initial hearing on January 21, 2020. This item was continued to allow for more staff research and public input.
    • Additional research
    • Public engagement information
    • Testimonials from event planners


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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