Monday, May 18, 2020

Council Meetings - 19 May 2020

I'm kind of excited for tomorrow's meetings because I think the stickiest item on the agenda, regarding a proposed text amendment to the M1 zone to accommodate Christensen Oil, has been moving in the right direction and I am hopeful that we will be able to find a good solution. It may not be ready for tomorrow's meeting but I'm anxious to hear an update.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

Time, Tuesday, May 19, 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.

    Business

  1. A discussion regarding the Tentative Budget for Fiscal Year 2020-2021. (20-008)
    This is a follow-up to the Budget Retreat held May 12, 2020. Topics for discussion include debt, General Plan update funding, Joaquin Parking program, wastewater projects and fees, unfunded supplementals, budget intent statements, summary of the Stormwater Special Service District budget, and summary of the Redevelopment Agency budget. We are about halfway through the budget season. I feel that after this discussion there will only be small tweaks to be made.

  2. Redevelopment Agency

  3. A discussion regarding Interlocal Agreements for Tax Increment for The Mix Community Development Project Area. (20-085, 20-086, 20-087, 20-088, 20-089)
    The Mix, the former Plumtree Plaza shopping center on University Parkway, is seeking tax increment financial assistance to help pay for the infrastructure required to redevelop the site into a mixed-use center that would include retail, hospitality and residential uses. This is mostly following through with decisions that we have already made, but last time we discussed this, I complained that we were setting a "base" value from 2019 and not from before the businesses were shut down and building torn down. I believe I was told that staff would look into the difference between the current value and the value the property had before demolition started.
  4. A discussion regarding the creation of a Public Infrastructure District for the medical school and associated housing. (20-090)
    The developer of the medical school and associated housing would like to speak with the Council about creating a Public Infrastructure District (PID) to provide a financing mechanism for the removal of former landfill debris and the installation of utilities and infrastructure. The letter of intent and the draft policy document for the consideration for creating PIDs (included in the supplemental materials) was reviewed in a CRC meeting on May 6, 2020 that was attended by all of the development review departments. None of them expressed any concerns. There was a question about scope and size of these types of developments. The answer is that this type of funding mechanism really only makes sense for large developments – such as a medical school and associated multiple family housing. It was also noted that should Provo consider the creation of PIDs, that single-family detached residential development would not likely be considered for approval. The Council has heard a presentation on the creation of Public Infrastructure Districts to create discrete districts to apply to specific parcels of ground that, with the creation of the PID, self-impose an additional property tax levy, the proceeds of which are used to construct public infrastructure such as water, sewer, storm drain and roadway improvements. I think PIDs are a great new tool given to us by the State Legislature. But I also think that we should only apply them in very specific situations that I don't think will arise very often in Provo. A medical school building ancillary housing on a former City landfill is one of those unusual situations where I think this would be an appropriate tool.
  5. A discussion regarding the creation of a Small Business Loan Program in response to COVID-19. (20-081)
    This item is continued from the Council Meeting on May 5, 2020. In response to the negative impacts to the local economy (particularly to small businesses) caused by COVID-19, the Economic and Redevelopment Staff are recommending the creation of a Small Business Loan Fund. The purpose of the fund is to help small businesses stay in business during this difficult economic time. These would be small loans ranging from $10,000 to $25,000 dollars each. The available funding identified is from a Tax Increment Financing fund generated from an existing Community and Redevelopment Area. The documents are still a bit jumbled. I can't tell if they have been updated from two weeks ago. There will be plenty to talk about as we discuss the authorization of this program.

  6. Policy Items Referred from the Planning Commission

  7. An ordinance amending Provo City Code relating to permitted uses and yard requirements of the M1 Light Manufacturing Zone. Citywide application. (PLOTA20200117)
    The proposed Ordinance Text Amendment is a staff-initiated amendment to add “Petroleum bulk stations and terminals (only as to the sale of petroleum products listed in the International Fire Code as combustible liquid classifications Class II, IIIA, and IIIB” as a permitted use in the M1 Zone. The text amendment also adds, “Petroleum bulk station and terminals for the sale of petroleum products in flammable classifications Class IA, IB, and IC of the International Fire Code” as a conditional use with specific conditions; removes natural or manufactured gas storage as a permitted use and instead adds it as an accessory use only; and, adds language to Section 14.27.080 to allow the Development Services Director or designee to modify the yard requirements. While the proposed text amendment will apply to all M1 Zones in the City, the impetus for the amendment is the Christensen Oil Site at 595 S 200 E in the Maeser Neighborhood. In 1935 the property located at 600 South and 200 East was occupied by Utah Oil Company, a petroleum distribution company. Owen Christensen began working there in the 1940’s and bought them out in 1973. Christensen Oil was established in 1973 as a petroleum product wholesaler. The property has several land uses including corporate headquarters for Christensen Oil and Crest Convenience Stores, warehousing and storage, and petroleum bulk station and terminal. Planning Commission recommended approval.

    Public comments on this item are being taken on Open City Hall.
    After further discussions with multiple parties, I do not have safety concerns about the operation of this business in this area. Here are the three concerns I do have about the proposal, and what I'm looking for in a solution: 1) That any solution does not open other areas in the City that are currently zoned M1 for similar uses (the bulk storage and distribution of fuels and lubricants). 2) That any disputes about what is "grandfathered" be resolved and any claims to such rights be abandoned. 3) That any "expansion" that would be permitted by the text amendment be defined and capped, so as to give the community predictability and a final scope.

  8. 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, May 19, 2020



    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.

    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 $33,500 in the General Fund for professional services to create a Fire Services Master Plan applying to the fiscal year ending June 30, 2020. (20-083)
    The Fire Department is requesting a General Fund appropriation to Emergency Services Consulting International (ESCI) in the amount of $33,500. ESCI was the lowest competitive bid to conduct a fire station location and fire department staffing master plan. The previous fire services station location study was conducted in 2000 by the Fire Chief. A formal fire services masterplan has never been conducted. The Fire Department maintains a staffing level equal to the staffing level in 2000, 20 years ago. Fire Department responsibilities have grown including types of calls, total requests for services, and ambulance transports. I think we are past due for a Fire Services Masterplan, and there are pressing needs to select locations for fire stations that are being rebuilt so now is the time to do this study to make informed siting decisions.
  2. An ordinance granting Qwest Corporation d/b/a CenturyLink QC a nonexclusive franchise to operate a telecommunications network in Provo City, Utah. (20-091)
    The CenturyLink franchise agreement has expired and is in need of renewal. The City has negotiated an updated franchise agreement with CenturyLink and the parties are seeking City Council approval of the agreement. Franchise agreements are fairly routine and I have confidence in our templates. I really appreciate the work of whoever put this information together, I assume it was Mr. Draper, an attorney in our Legal Department, because it clearly lays out areas where this proposed franchise agreement deviates from the template and why. It made it easy to understand and review the proposal. It is a pleasure to serve in a City with such competent employees.
  3. A resolution approving the 2020-2024 Consolidated Plan and funding recommendations to the first-year action plan. (20-080)
    The Consolidated Plan (ConPlan) is designed to help states and local governments to assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions. The ConPlan process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus from the formula block grant programs administered by the Office of Community Planning and Development (CPD) of the U.S. Department of Housing and Urban Development (HUD). This will be the second of two public hearings and will close the Public Comment Period and provide the Municipal Council an opportunity to make final funding determinations for the CDBG and HOME programs for Program Year 2019, which begins on July 1, 2019 and ends on June 30, 2020. I hope we will get the chance to focus on the ConPlan to be part of that "community-wide dialogue".
  4. An ordinance amending the zone map classification of approximately 0.52 acres of real property, generally located at 852 North 500 West, from One Family Residential (R1.6A) to General Commercial (CG). North Park Neighborhood. (PLRZ20200109)
    The applicant is requesting a zone map amendment from the R1.6A zone to the CG zone for the property at 852 N 500 W. The property has been split with the two zones, and the applicant desires to correct this issue by making the entire property zoned General Commercial. The building on the property is an office building and is a permitted use in the CG zone. Correcting the zone map on this parcel will relieve it of a nonconformity and allow the property to continue on as a permitted use. The neighborhood has not expressed any concerns. Planning Commission recommended approval. I have no concerns. This is pretty much a simple clean-up.
  5. A resolution authorizing Provo City to enter into an Interlocal Agreement with the Redevelopment Agency of Provo City authorizing the use of Tax Increment in The Mix Community Development Project Area. (20-089)
    This was item 2 on the work meeting agenda. See my preview of item 2 in the work meeting.


  6. Redevelopment Agency of Provo

  7. A resolution authorizing the Redevelopment Agency to enter into Interlocal Agreements with various parties authorizing the use of Tax Increment in The Mix Community Development Project Area. (20-085, 20-086, 20-087, 20-088)
    This was item 2 on the work meeting agenda. This is the other half of the previous item.
  8. A resolution of the Redevelopment Agency of Provo City authorizing and allocating funds for an economic assistance loan program. (20-081)
    This was item 4 on the work meeting agenda. See my preview of item 4 in the work meeting.
  9. A resolution of the Redevelopment Agency of Provo City Appropriating $500,000 in the Tax Increment Fund for an Economic Assistance Loan Program. (20-084)
    This was item 4 on the work meeting agenda. This is a companion to the previous item.
  10. A resolution tentatively adopting a proposed budget for Redevelopment Agency of the Provo City Corporation for the fiscal year beginning July 1, 2020 and ending June 30, 2021. (20-009)
    This was item 1 on the work meeting agenda. This is part of the overall budget, but technically a separate budget.


  11. Stormwater Service District

  12. A resolution tentatively adopting a proposed budget for the Provo City Stormwater Service District for the fiscal year beginning July 1, 2020 and ending June 30, 2021. (20-010)
    This was item 1 on the work meeting agenda. This is part of the overall budget, but technically a separate budget.


  13. Action Agenda

  14. A resolution tentatively adopting the proposed budget for Provo City Corporation for the fiscal year beginning July 1, 2020 and ending June 30, 2021. (20-008)
    This was item 1 on the work meeting agenda. See my preview of item 1 in the work meeting.
  15. An ordinance amending Provo City Code relating to permitted uses and yard requirements of the M1 Light Manufacturing Zone. Citywide application. (PLOTA20200117)
    This was item 5 on the work meeting agenda. See my preview of item 5 in the work meeting.
  16. ***CONTINUED*** An ordinance amending Provo City Code to establish a Critical Hillside Overlay (CH) Zone. Citywide application. (PLOTA20200077)
    This item was not ready to be heard.
  17. ***CONTINUED*** An ordinance amending the Zone Map classification of multiple East Bench properties to include them in the Critical Hillside Overlay (CH) Zone. Citywide application. (PLRZ20200078)
    This item was not ready to be heard.


  18. Adjournment

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