Citizens Agenda for Meetings on March 14, 2023

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 both in-person and virtually. The in-person meeting will be held in the Council Chambers (445 W. Center St., Provo). 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. 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

11:00 am, Tuesday, March 14, 2023

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 discussion regarding water management and conservation policies in Provo City. (23-031)

• Last year, the Natural Resources Committee began exploring various water conservation measures that could be implemented at the City level in addition to the Aquifer Recharge Program and City messaging. There are a variety of options the Council can pursue including adopting the Central Utah Water Conservancy District Standards + Natural Resources Committee asks, a Provo specific program, a hybrid approach, or maintaining the status quo. As this is the first time the Council as a whole has examined this issue, staff prepared a memo giving the potential pros and cons of each option. City staff and outside partners will be available to answer questions regarding each alternative. 

2. An ordinance amending the Zone Map of approx 11.71 acres generally located at 5515 N Edgewood Dr from MDR and A1 to PO and authorizing a Development Agreement - Riverbottoms Neighborhood. (PLRZ20220005)

• Dudley & Associates is acting as the applicant for the owner of the properties along Edgewood Drive between 5400-5600 north in requesting approval for a zone change from the MDR and A1 zones to the PO zone in order to build new commercial office buildings on the property. This application is one of four that is now moving forward to public hearings as the development team moves ahead with their proposal after the General Plan was amended last October. The related items for this Commission are the concept plan application for the site and the conditional use permit to increase the allowable building height for the development; the fourth being the street vacation request for a portion of Edgewood Drive.

3. A discussion regarding impact fees for detached ADUs (23-034)

• When state legislation was passed that required all municipalities to provide for internal ADUs, the legislation prohibited cities from charging impact fees for these additional units.  In addition to internal ADUs, Provo also allows for detached, or external, ADUs.Provo has never legislated what impact fees should be charged for a detached ADU.  Recently, we received a building permit for a 450 square-foot, detached ADU. When we applied the standard impact fees that would normally be assessed for a home, the fees were just over $13,000. It does not seem appropriate to charge no impact fees for an internal ADU than to charge full fees for a detached ADU.

4. A discussion of revised west side FEMA maps (23-028)

• The levees are not certified by the Army Corp of Engineers. An extensive study of both the Provo River and Utah Lake is completed and new maps from FEMA are in the review process currently. The current maps show the west side of Provo as protected by levees, the new maps will not show that protection. A representative from the Department of Emergency Management would like to come and give an informational presentation on the new maps and what that means for Provo and the west side and the tools that the State and FEMA are working on for public outreach ahead of the map release.

5. A presentation regarding the FY2024 Budget- Public Works (23-008)

• In preparation for the drafting and approval of the FY 2023-2024 budget, each department has been asked to present to the Council. In addition to identifying their priorities, needs, wants, and potential costs, their presentations should address the following questions: What were the most important accomplishments for your department from FY2023? What were your supplemental requests in FY2023, how did you compensate for those that were not funded? What needs are currently unfunded or underfunded in your department? The Council adopted several preliminary budget priorities for FY2024, please address those items relative to your department and how those priorities could be executed within your  departmental budget. Are there other requests related to the FY2024 budget you would like to bring before the Council? Are there current budget constraints within your department that do not allow you to execute the city’s long-term vision? What keeps you up at night? What are you asking for in your budget that will increase your department's ongoing operations and maintenance costs? What are your current department performance measures as reported in each fiscal year budget? What would you change?

The full budget that was approved for Provo City for FY 2022-2023 can be found here: https://www.provo.org/home/showpublisheddocument/20680/637956540216500000

6. A presentation regarding the FY2024 Budget-IS and Cybersecurity (23-008)

• In preparation for the drafting and approval of the FY 2023-2024 budget, each department has been asked to present to the Council. In addition to identifying their priorities, needs, wants, and potential costs, their presentations should address the following questions: What were the most important accomplishments for your department from FY2023? What were your supplemental requests in FY2023, how did you compensate for those that were not funded? What needs are currently unfunded or underfunded in your department? The Council adopted several preliminary budget priorities for FY2024, please address those items relative to your department and how those priorities could be executed within your departmental budget. Are there other requests related to the FY2024 budget you would like to bring before the Council? Are there current budget constraints within your department that do not allow you to execute the city’s long-term vision? What keeps you up at night? What are you asking for in your budget that will increase your department's ongoing operations and maintenance costs? What are your current department performance measures as reported in each fiscal year budget? What would you change?

The full budget that was approved for Provo City for FY 2022-2023 can be found here: https://www.provo.org/home/showpublisheddocument/20680/637956540216500000

7. A presentation reviewing the 5-Year CIP Report and Revenue Update (23-008)

• As part of the Fiscal Year 2023-2024 budget process, the Finance Division compiles the Five-Year Capital Improvement Plan that details the purpose of and dollar amounts involved for capital projects across the City.

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.

Adjournment

---

PROVO MUNICIPAL COUNCIL

Regular Meeting Agenda

5:30 PM, Tuesday, March 14, 2023

Opening Ceremony

• Items in this category do not involve legislative action. 

Public Comment

• Instructions for making public comments at this electronic meeting can be found on the officially published agenda: agendas.provo.org.

• Dial 346 248 7799. Enter Meeting ID 827 3101 3855 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 416165.

• 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 appropriating $373,545 in the General Fund for the Recreation Facilities Capital Fund and a transfer of $373,545 from the General Fund to the Parks & Recreation Capital Improvement Project (CIP) fund. (23-006)

• Prior to COVID-19, the City budgeted $400,000 for replacement needs of capital equipment for the Rec Center each year in an effort to keep the facility up-to-date and maintain a state-of-the-art Rec Center. In the budget year 2022, the decision was made to fund the equipment replacement fund for the Rec Center with the net income as follows:

FY2022 Budget Ordinance

“The Mayor is authorized to increase budget authority related to the Recreation Facilities Capital Fund according to the following formulas: Each year after the completion of the fiscal year, revenues will be compared with expenses at the Recreation Center to determine net income. The general fund will contribute to the Recreation Facilities Capital Fund the first $400,000 of net income. If net income for the recreation center exceeds $400,000, the general fund will contribute half of the amount that exceeds $400,000 to the Recreation Facilities Capital Fund, the other half will fall to general fund balance.”

Based on FY22 net income for the Rec Center, the amount of new money that was contributed to the Recreation Facilities Capital Fund was only $26,455; however, at the end of FY22, the Parks and Recreation Department had general fund budget savings of $563,508, which wasn’t included in the FY22-FY23 carryover requests. We recommend the Municipal Council approve an appropriation in the general fund of $373,545 from the Parks & Recreation FY22 general fund budget savings and a transfer of that same amount from the general fund to the Recreation Facilities Capital Fund. This will help replenish the funding available to maintain recreation facilities.

-Proposed budget savings under $400,000 limit to transfer to the Recreation Facilities Capital Fund: $373,545

-Net income already contributed to Recreation Facilities Capital Fund: $26,455

-Total contributed to Recreation Facilities Capital Fund: $400,000

Since the amount remaining in the budget is equal or greater than $373,545, we recommend the Council approve a transfer from the general fund of $373,545 to the Recreation Facilities Capital Fund.

2. A public hearing regarding the HOME ARP Allocation Plan draft (23-027)

• Inviting public feedback on the HOME-ARP allocation plan draft.

3. A resolution authorizing the issuance of up to $36,750,000 of water revenue bonds. (23-035)

• Public Works has been awarded a $51 million Federal BRIC grant, $20 million in City ARPA funding, $14 million in Utah County ARPA funding, and a $1.5 million WaterSmart Grant for the construction of a water treatment plant, pump station, and distribution lines primarily for the development of aquifer storage and recharge capabilities. The State of Utah Board of Water Resources has authorized a $36,750,000 loan at a rate of 1% interest repaid over 30 years to fund the remainder of the project. 

4. An ordinance amending Provo City code regarding standards for conditional uses- dance halls. Citywide Application. (PLOTA20220404)

• Provo City Code Section 14.34.250(3) gives the regulations for a dance hall where it is listed as a conditional use in the City. There are ten zones in the city that list dance hall as a conditional use (PF, SC2, SC3, DT1, DT2, ITOD, CG, CM, M1, and M2) and one zone (PIC) where it is permitted by-right. Within these zones the typical standards of the above code section apply and require a minimum buffer of four hundred (400) feet from any one- or two-family dwelling. However, sections of the DT1 and DT2 zone described in subsection 14.34.250(3)(c)(vii)(A) allow for a reduced buffer of at least two hundred (200) feet. This area is bound by 100 East, 200 South, 300 West, and 200 North.

5. An ordinance amending the Zone Map of approx 11.71 acres generally located at 5515 N Edgewood Dr from MDR and A1 to PO and authorizing a Development Agreement - Riverbottoms Neighborhood. (PLRZ20220005)

• Dudley & Associates is acting as the applicant for the owner of the properties along Edgewood Drive between 5400-5600 north in requesting approval for a zone change from the MDR and A1 zones to the PO zone in order to build new commercial office buildings on the property. This application is one of four that is now moving forward to public hearings as the development team moves ahead with their proposal after the General Plan was amended last October. The related items for this Commission are the concept plan application for the site and the conditional use permit to increase the allowable building height for the development; the fourth being the street vacation request for a portion of Edgewood Drive.

Adjournment

---

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.

Council meetings are broadcast live and available later on demand at https://www.youtube.com/user/ProvoCityCouncil 

To send comments to the Council or weigh in on current issues, visit Open City Hall or email all Council members at council@provo.org.

* * * * * * * * * * * * * *
Comment below (requires Google account), on our Facebook page, through Open City Hall, or by contacting Council Members directly. Comments/input on items appearing on an upcoming meeting agenda will be compiled and provided to Council Members the day before the meeting. **Note - your comments will be part of the public record.