Citizens Agenda for Meetings on February 1, 2022

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://agendas.provo.org 

This meeting will be conducted as a hybrid meeting, with some in-person components as well as continued virtual meeting access. The meeting will be available to the public for live broadcast and on-demand viewing on YouTube and Facebook at: youtube.com/provocitycouncil and facebook.com/provocouncil. The in-person meeting will be held in the Council Chambers. For information on how to view the meetings and how to contribute public comments without attending in person, click here.

PROVO MUNICIPAL COUNCIL

Work Meeting Agenda

12:30 pm, Tuesday, February 1, 2022

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.

Policy Items Referred from the Landmarks Commission

1. A resolution adding the structure known as the Milner-Wright Home, located at 1115 East 640 South, to the Provo Landmarks Register. Provost Neighborhood. (PLLN20210394)

• Cindy Caldwell has nominated their house located at 1115 East 640 South to be placed on the Provo Landmarks register. City staff and the Landmarks Commission review these types of nominations for compliance with the requirements and standards set forth in Provo City Code 16.05.020. The Landmarks Commission reviewed the documentation for completeness, accuracy, and compliance with the “Criteria for Designating Historic Properties to the Provo Landmarks Register” per 16.05.030(3) recommended approval.

Policy Items Referred from the Planning Commission

2. An ordinance amending Provo City Code Title 15 regarding the process and requirements for appeals related to impact fees. Citywide application. (PLOTA20210273)

• Recently, it was realized that the Provo City Code has no criteria under which an appeal of impact fees may be heard. The attached amendments are intended to clarify this deficiency. The proposed changes to Sections of Chapter 15.08 include new language to reference and concur with Utah State code, to develop a process for a developer to adjust or challenge an impact fee, to establish regulations for review of fee adjustments, to establish criteria for a department or the Mayor to grant an adjustment to the fees, and to clarify appeal rights for such actions. Planning Commission recommended approval.

3. An ordinance amending the Zone Map Class. of approx. 1.10 acres at 669 S 1600 W from the A1.1 (Agricultural) to R1.8 (One-Family Residential) to create four residential building lots & authorizing a development agreement. Sunset Neighborhood. PLRZ20210383

• Andy Jones is requesting approval of a Zone Map Amendment from the A1.1 zone to the R1.8 to create a four-lot subdivision for property at 669 South 1600 West. This property is currently vacant land. All the adjacent properties are zoned A1.1, with the only exception being a one-acre section of R1.10 across the street to the west. The land uses surrounding this property are single-family homes, some with related agricultural uses. Planning Commission recommended approval.

4. An ordinance amending the Zone Map Class. of 1.39 acres located 46 W to 90 W 800 N from Residential Conservation (RC) to Campus Mixed Use (CMU) to allow for a 62-unit apartment complex & authorizing a development agreement. North Park Neighborhood. PLRZ20210112

• Tim Metler is requesting a zone map amendment from the RC (Residential Conservation) zone to the CMU (Campus Mixed Use) zone for property at 90 W 800 N, in order to build a 62-unit apartment complex as part of a phased development plan. This proposal comes as a request to change the zoning on a total of 1.39 acres of property which includes a phase one concept plan of .77 acres and a later phase to replace the existing Foxwood Apartments. The redevelopment of the Foxwood Apartment piece would come at a later date but is shown to illustrate how the two developments could work together. Planning Commission recommended denial.

Summary of Action | Meetings on January 18, 2022

PROVO MUNICIPAL COUNCIL

Work Meeting
12:00 PM, Tuesday, January 18, 2022
Hybrid meeting youtube.com/provocitycouncil or 351 W Center Street, Provo, UT 84601

Summary of Action

Approval of Minutes

November 18, 2021 Parking Town Hall

November 30, 2021 Council Meeting Minutes

December 14, 2021 Work Meeting

January 4, 2022 Work Meeting

Approved by unanimous consent.

Business

1.  A presentation on the Single Audit for Fiscal Year 2021. (22-013) Presentation only.

2.  An appropriation for East Bay Shopping Center Participation and Reimbursement Agreement – second payment. (22-008) Presentation only. This item will be scheduled for the Council Meeting on February 1, 2022.

Policy Items Referred from the Planning Commission

3.  An ordinance amending Provo City Code to adopt policies and procedures for the dedication of private streets and utilities. Citywide Application. (PLOTA20210360). Presentation only. This item was already scheduled for the Council Meeting on January 18, 2022.

Citizens Agenda for Meetings on January 18, 2022

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://agendas.provo.org 

This meeting will be conducted as a hybrid meeting, with some in-person components as well as continued virtual meeting access. The meeting will be available to the public for live broadcast and on-demand viewing on YouTube and Facebook at: youtube.com/provocitycouncil and facebook.com/provocouncil. The in-person meeting will be held in the Council Chambers. For information on how to view the meetings and how to contribute public comments without attending in person, click here.

PROVO MUNICIPAL COUNCIL

Work Meeting Agenda

12:00 pm, Tuesday, January 18, 2022

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 presentation on the Single Audit for Fiscal Year 2021. (22-013)

• Audit of federal programs including the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of Provo City Corporation (the City) as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements.

2. An appropriation for East Bay Shopping Center Participation and Reimbursement Agreement – second payment. (22-008)

• On June 2018 the Municipal Council approved a resolution authorizing the Mayor to execute an agreement between Provo City and East Bay Shopping Center LLC, the ownership group of the East Bay Shopping Center at 979 S University Ave. At the meeting the Council was presented with a request to reimburse the ownership group for the remodel, construction, and opening of a new Ross retail store, which would serve as a magnet to attract other retailers to fill this retail center. The reimbursement would be funded through retail sales tax increment above the established predetermined sales tax revenue generated by the retail center as of a certain date. The baseline revenue was established at $90,099, which represents one half of one percent of total sales generated at the center, or that portion of sales tax revenue 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 $90,099. 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 $90,099. The term of this agreement runs for ten years. In that time the developer/owner will be able to be reimbursed for up to one half of the out-of-pocket costs for the above-described expenses. The target reimbursement amount as per the agreement is $1,154,385 which is one half of the total out-of-pocket expenses which were $2,308,770. This is the second payment in the ten-year agreement, that is $75,734 which represents the amount over the baseline of $90,099. The total received in 2 years is $114,358.

Policy Items Referred from the Planning Commission

3. An ordinance amending Provo City Code to adopt policies and procedures for the dedication of private streets and utilities. Citywide Application. (PLOTA20210360).

• The City has recently received multiple requests from owners (mainly HOAs) of private roads in Provo that their streets and/or utilities be converted to public ownership. City Code does not currently have a procedure in place for accomplishing this, nor does it list factors to consider when evaluating such a request. The proposed ordinance achieves both objectives. Planning Commission recommended approval.

Business

4. A presentation reviewing Provo City General Plan - Part 1 of 3 (22-011).

• The newly drafted Provo City General Plan has been divided into 3 parts, each of which will be given a Work and Regular Council meeting for discussion and public input. This presentation and discussion is for the first of these three sections and includes the following General Plan components: Staff’s intro, schedule/timeline; Introduction; A Welcoming Community; Stewardship of the Outdoors; Growing Together.

School Board Redistricting

The State of Utah recently completed its decennial redistricting of federal and state legislative areas using data from the 2020 US Census. Utah County has now provided precinct data to Provo City GIS staff who have added population data to each precinct and have updated the web application to be used to allow the public to create district maps and submit them.

The number of precincts in Provo City has grown from 42 to 59 precincts. Since Provo City and the Provo City School District share the same boundaries, the Provo City Council is responsible (per Utah State Code) for setting both the City Council and School Board districts. 

The City Council is still considering options regarding the number of Council districts, so the map exercise for those districts will be postponed. The current arrangement is five district representatives and two at-large (citywide) representatives. One option being considered is to eliminate the at-large positions and have seven smaller districts. This discussion does not apply to the School Board districts as they are prohibited from having at-large members.

To participate in the mapping exercise for the Provo City School Board redistricting, visit redistricting.provo.org. You will be able to change which precincts are in the seven different districts. Keep in mind that the precincts were created based on the number of registered voters, but that districts are based on population. Utah State Code requires that the districts be compact, contiguous, and substantially equal in population. There is a population box on the right of the map that lets you see if the populations are balanced enough between districts. The tool will not let you submit a map that doesn't meet the population requirements. You also will not be able to submit a map that duplicates an already submitted map.

Map submissions will be taken through January 31, 2022. The City Council will then select qualifying maps that will be shown on Open City Hall for the public to comment on. The Council will need to adopt the new School Board districts at the February 15 Council meeting so they can be used for upcoming School Board elections.

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Citizens Agenda for Meetings on January 4, 2022

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://agendas.provo.org 

This meeting will be conducted as a hybrid meeting, with some in-person components as well as continued virtual meeting access. The meeting will be available to the public for live broadcast and on-demand viewing on YouTube and Facebook at: youtube.com/provocitycouncil and facebook.com/provocouncil. The in-person meeting will be held in the Council Chambers. For information on how to view the meetings and how to contribute public comments without attending in person, click here.

PROVO MUNICIPAL COUNCIL

Work Meeting Agenda

1:00 pm, Tuesday, January 4, 2022

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 training on the Open and Public Meetings Act and on Government Records Access and Management Act (GRAMA) requests. (22-002)

• Utah State law requires Council members to receive annual training on the Open and Public Meetings Act. State Law 52-4-104 says, “The presiding officer of the public body shall ensure that the members of the public body are provided with annual training on the requirements of this chapter." This training will fulfill that requirement. 

2. A presentation regarding the Council Handbook. (22-002)

• The Council Handbook has the policies that set out how the Council operates and the rules that govern how the council’s work is accomplished. This is a yearly review to keep the Council informed of any changes that have happened in the prior year as well as to refresh the Council on how to use and find information within the handbook.

3. A discussion regarding redistricting for Municipal Council and School Board districts. (22-003)

• In November 2021, using data from the 2020 US Census, the state legislature completed its decennial redistricting of federal and state legislative areas. Counties and some cities are also required to re-divide legislative areas based on the same census data. Because Provo City and Provo City School District share the same boundaries, Provo's legislative body is responsible, per Utah State Code, for setting both the Municipal Council and School Board district boundaries. Cities must complete any redistricting of municipal legislative areas within six months of the state's adoption of new maps; that deadline is in May 2022. School Boards must be redistricted within every ten years. 

• Candidate filing periods for the school board are quickly approaching and the Utah County Elections Offices needs new map information by February 17. The County has provided data to Provo City GIS staff and they have made the necessary updates to be able to launch the web application to allow the public to submit proposed maps beginning January 10.  Where current maps are based on 42 precincts, the 2022 maps will be based on 59 precincts. 

• Staff has prepared a proposed timeline to proceed now with both redistricting matters, allowing for public input and adoption of the new districts at the February 15, 2022, Council meeting. Any approved redistricting will apply to the upcoming school board elections and take effect in January 2023.Should redistricting proceed, any changes to the School Board areas will be the subject of the upcoming elections and take effect in January 2023 for the school board and immediately for the Council.