Thursday, April 13, 2023

Citizens Agenda for Meetings on April 18, 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

11:30 am, Tuesday, April 18, 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. An ordinance amending Provo City code to prohibit the issuance of administrative approvals for noncompliant properties or businesses. (PLOTA20230048)

Provo City Development Services is proposing amendments to Section 17.03.100 of the Provo City Code. The proposed amendments have been developed through working with the City Administration and Provo Legal Department; and would be applicable citywide. The proposed amendments add “administrative approvals” to the title and goes on to improve and clarify the language to allow the City to withhold approvals for properties that have been found to have a current code violation.


2. An ordinance approving the petition to annex approximately 106 acres of property located at approximately 2250 S 950 E. East Bay Neighborhood (PLANEX20220317)

This item is an annexation request for property located at 2800 S 750 E. The total acreage is approximately 106.19 contiguous acres. The subject area is located just south of the Timpanogos Golf Club. Interstate 15 lies immediately to the west and 950 East lies immediately to the east. The Pacific States industrial property lies immediately east of 950 East. Springville City lies immediately to the south of the subject property. The property lies approximately one-half mile north of 1400 North in Springville City.


3. An ordinance amending Zone Map classification of approximately 0.84 acres of real property, generally located at 141 E 500 N, from Residential Conservation (RC) to Medium Density Residential (MDR) & authorizing a related development agreement. Joaquin Neighborhood. (PLRZ20220343)

Nathan Turner is requesting approval of a concept plan for overall site improvements over five properties and conversion of a single-family home on one of the properties in the Joaquin neighborhood, along 500 North. Specifically, the request is to improve landscaping throughout the five properties and install a volleyball court, fire pit, picnic areas, and basketball court. The concept plan also includes the conversion of the single-family home at 141 East 500 North to a two-family dwelling and adding the additional parking for that new unit on the northeast corner of the site. To enable these changes and to conform with the neighborhood plan Mr. Turner has also requested a zone change from the RC zone to the MDR zone. The existing site has some nonconformities with the MDR zone that would continue to exist with the concept plan provided, including parking and setbacks. While there is a long-range concept plan submitted there is no timeline or plans from this owner to move forward with redevelopment of the corner in the near future. Staff did some preliminary evaluation of the long-term concept plan for a twenty-seven-unit, three-story apartment building that could fit on the property and comply with MDR zone standards. However, for the purpose of this application, staff is only evaluating and providing information on the immediate concept plan.

4. An ordinance amending the Zone Map classification of approximately 0.48 acres of real property, located at 734 S Utah Ave, from Heavy Commercial (CM) to One Family Residential (R1.8). Provost Neighborhood. (PLRZ20230019)

Janet Dolen is requesting a Zone Map Amendment from the CM zone to the R1.8 zone for property that belongs to her family trust, at 735-737 South State Street and 734 South Utah Avenue. The proposed amendment is just for approximately six-thousand square feet of the CM zone to be converted to the R1.8 zone, matching the current zoning for the home at 734 S Utah Ave. The reason for the amendment is to have the correct zoning align with a proposed realignment of the property lines belonging to the Lucille Moore Trust. A final subdivision application has gone through staff review and is ready for approval subject to this zone change being approved. This will allow the applicant to have clean lot lines for the subject parcels, and zoning that matches the use on the ground. There is no development or concept plan with this rezone request, so staff did not complete an in-depth analysis of surrounding uses. Future owners would need to comply with the underlying zoning on the properties or request zone changes of their own. The property proposed for the zone change has been historically used for residential purposes, which can be seen from the aerial imagery showing fence lines and yard use. The existing uses are intended to continue, according to the applicant.

5. A Resolution to place the vacant property known as a "proposed tennis court" in Block "A" Vivian Park Subdivision on the Surplus Property List. (23-040)

In 1970, Provo City received a deed for this subject property along with five (5) other lots to run a water line through the Vivian Park Subdivision. Since then, another water line was installed in the street, off of this location. Several years ago, we surplused and sold the other parcels for development. The subject property has been retained because it is not developable because of the designation of the property as a "Tennis Court" on the subdivision plat. We have now received an offer to purchase the property "as is" with the understanding that it cannot be developed. The departments have reviewed the potential sale of the property and there are no further needs of the city identified for the property, so it would be appropriate to surplus and sell. We have had the property appraised and it indicated the value of $35,000 for this 0.12 acre parcel.

6. A presentation regarding the proposed Annual Action Plan funding for the 2023-2024 year. (23-027)

This is an overview of the 2023-2024 Annual Action plan funding prior to opening a public comment period in the April 18, 2023 Regular Council Meeting. 7. An ordinance granting FIF Utah LLC, DBA Utah Broadband, a nonexclusive franchise to operate a telecommunications network in Provo, Utah. (23-039)

FIF Utah (aka Utah Broadband, a high-speed internet provider) asked

Engineering for a permit to run conduit in the City. We subsequently discovered that

they also intend to sell service to Provo City residents. A franchise agreement with the

City is therefore required. We provided a template, which FIF filled out and signed. Per

City ordinance, the agreement requires Council approval and the Mayor's signature.

8. An ordinance amending Provo City code regarding micromobility devices. Citywide application. (23-022)

The Administration has requested this item to discuss the emergence

of new types of micro mobility devices, including, but not limited to, e-scooters, e-bikes,

hoverboards, etc. and how these devices might be best regulated throughout the City.

9. A presentation regarding the Fiscal Year 2024 Budget- Legal (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


10. A presentation regarding the Fiscal Year 2024 Budget- Council Office (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

11. A presentation regarding the Fiscal Year 2024 Budget - Library (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


12. A presentation regarding the Fiscal Year 2024 Budget - Energy (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

13. A presentation regarding the Fiscal Year 2024 Budget - Customer Service (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

14. A presentation regarding vehicle replacement and fleet management. (23-008)

The Fleet section of the Public Works Department manages the

vehicle replacement for the City in conjunction with representatives from other City

departments that take part in the Fleet Advisory Committee (FLAC). This presentation

will show the FY24 budget recommendations from that committee.

15. A presentation regarding the Fiscal Year 2024 Airport Budget and a general airport update. (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

16. A presentation regarding flood mitigation and Spring run-off. (23-041)

Presentation regarding flood mitigation and Spring run-off.

https://www.provo.org/departments/development/planning/flood-information

https://www.provo.org/departments/public-works/storm-water


Closed Meeting The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with 52-4-204 and 52-4-205 et. seq., Utah Code.

Adjournment



PROVO MUNICIPAL COUNCIL

Regular Meeting Agenda

5:30 PM, Tuesday, April 18, 2023

Opening Ceremony

  • Items in this category do not involve legislative action. 


Presentations, Proclamations, and Awards 
1. A presentation by Mayor Michelle Kaufusi of an award of recognition to Kevin Worthen. (23-011)
 Mayor Kaufusi is recognizing Kevin Worthen for his significant contribution to the Provo community serving as the 13th President of BYU from 2014- 2023. 
 

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 843 7094 3183 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 266137

  • 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 2. A public hearing for 2023-2024 Annual Action Plan. (23-027)

Proposed funding allocations for Home Investment and Partnerships Program and Community Development Block Grant funds in the 23-24 Annual Action Plan.

3. An ordinance amending Provo City code regarding micromobility devices. Citywide application. (23-022)

The Administration has requested this item to discuss the emergence

of new types of micro mobility devices, including, but not limited to, e-scooters, e-bikes,

hoverboards, etc. and how these devices might be best regulated throughout the City.

4. An ordinance granting FIF Utah LLC, DBA Utah Broadband, a nonexclusive franchise to operate a telecommunications network in Provo, Utah. (23-039)

 FIF Utah (aka Utah Broadband, a high-speed internet provider) asked

Engineering for a permit to run conduit in the City. We subsequently discovered that

they also intend to sell service to Provo City residents. A franchise agreement with the

City is therefore required. We provided a template, which FIF filled out and signed. Per

City ordinance, the agreement requires Council approval and the Mayor's signature.

5. An ordinance amending Provo City code to prohibit the issuance of administrative approvals for noncompliant properties or businesses. (PLOTA20230048)

Provo City Development Services is proposing amendments to

Section 17.03.100 of the Provo City Code. The proposed amendments have been

developed through working with the City Administration and Provo Legal Department;

and would be applicable citywide.

The proposed amendments add “administrative approvals” to the title and goes on to

improve and clarify the language to allow the City to withhold approvals for properties

that have been found to have a current code violation.

6. An ordinance approving the petition to annex approximately 106 acres of property located at approximately 2250 S 950 E. East Bay Neighborhood. (PLANEX20220317)

This item is an annexation request for property located at 2800 S 750 E. The total acreage is approximately 106.19 contiguous acres. The subject area is

located just south of the Timpanogos Golf Club. Interstate 15 lies immediately to the

west and 950 East lies immediately to the east. The Pacific States industrial property

lies immediately east of 950 East. Springville City lies immediately to the south of the

subject property. The property lies approximately one-half mile north of 1400 North in

Springville City.

7. An ordinance amending Zone Map classification of approximately 0.84 acres of real property, generally located at 141 E 500 N, from Residential Conservation (RC) to Medium Density Residential (MDR) & authorizing a related development agreement. Joaquin Neighborhood. (PLRZ20220343)

Nathan Turner is requesting approval of a concept plan for overall site

improvements over five properties and conversion of a single-family home on one of the

properties in the Joaquin neighborhood, along 500 North. Specifically, the request is to

improve landscaping throughout the five properties and install a volleyball court, fire pit,

picnic areas, and basketball court. The concept plan also includes the conversion of the

single-family home at 141 East 500 North to a two-family dwelling and adding the

additional parking for that new unit on the northeast corner of the site. To enable these

changes and to conform with the neighborhood plan Mr. Turner has also requested a

zone change from the RC zone to the MDR zone.

The existing site has some nonconformities with the MDR zone that would continue to

exist with the concept plan provided, including parking and setbacks. While there is a

long-range concept plan submitted there is no timeline or plans from this owner to move

forward with redevelopment of the corner in the near future. Staff did some preliminary

evaluation of the long-term concept plan for a twenty-seven-unit, three-story apartment

building that could fit on the property and comply with MDR zone standards. However,

for the purpose of this application, staff is only evaluating and providing information on

the immediate concept plan.

8. An ordinance amending the Zone Map classification of approx. 0.48 acres of real property, located at 734 S Utah Ave, from Heavy Commercial (CM) to One Family Residential (R1.8). Provost Neighborhood. (PLRZ20230019)

Janet Dolen is requesting a Zone Map Amendment from the CM zone

to the R1.8 zone for property that belongs to her family trust, at 735-737 South State

Street and 734 South Utah Avenue. The proposed amendment is just for approximately

six-thousand square feet of the CM zone to be converted to the R1.8 zone, matching

the current zoning for the home at 734 S Utah Ave.

The reason for the amendment is to have the correct zoning align with a proposed

realignment of the property lines belonging to the Lucille Moore Trust. A final

subdivision application has gone through staff review and is ready for approval subject

to this zone change being approved. This will allow the applicant to have clean lot lines

for the subject parcels, and zoning that matches the use on the ground.

There is no development or concept plan with this rezone request, so staff did not

complete an in-depth analysis of surrounding uses. Future owners would need to

comply with the underlying zoning on the properties or request zone changes of their

own. The property proposed for the zone change has been historically used for

residential purposes, which can be seen from the aerial imagery showing fence lines

and yard use. The existing uses are intended to continue, according to the applicant.

9. A Resolution to place the vacant property known as a "proposed tennis court" in Block "A" Vivian Park Subdivision on the Surplus Property List. (23-040)

In 1970, Provo City received a deed for this subject property along

with five (5) other lots to run a water line through the Vivian Park Subdivision. Since

then, another water line was installed in the street, off of this location. Several years

ago, we surplused and sold the other parcels for development. The subject property has

been retained because it is not developable because of the designation of the property

as a "Tennis Court" on the subdivision plat. We have now received an offer to purchase

the property "as is" with the understanding that it cannot be developed. The

departments have reviewed the potential sale of the property and there are no further

needs of the city identified for the property, so it would be appropriate to surplus and

sell. We have had the property appraised and it indicated the value of $35,000 for this

0.12 acre parcel.

10. ***CONTINUED*** Nathan Gagon requests Ordinance Text Amendment to Section 14.34.320, to increase the off-street parking requirement from 800' to 1100'. Downtown Neighborhood (PLOTA20230036)

Adjournment



* * * * * * * * * * * * * *
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