Council Meetings - 5 May 2020

The issue I'm most unsettled on is the request to add bulk fuel storage as a permitted use in M-1 zones. I'm not convinced that this is a good idea.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 pm, Tuesday, May 5, 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 beer licensing regulations and density restrictions. (20-077)
   In the Work Session on April 14, 2020, the Council advised the Alcohol Licensing Committee to continue to look into density regulations. The committee will now return with two proposals -- one regarding density for all alcohol outlet types based on weight and one regarding further regulations for the Class "F" (brewpub) license. The two proposals are not mutually exclusive. The committee would like the Council's feedback on the directions of these policies. This is the issue that has commanded much of my attention over the past couple of months. I feel like we are ready to narrow down some of these ideas and more fully flesh them out. Next will come the public engagement portion where we will pitch the ideas and take feedback. Presentation only. This is has been an emotional and exhausting item to work on. The Council still hasn't coalesced and the committee will continue our work. I am hopeful that we can get this resolved sooner than later.
2. A discussion regarding the Council Code of Ethics and the use of social media during Council meetings. (20-082)
   There are State laws that require Councilors to report conflicts of interest. For the benefit of the Council, there will be a review of the Code of Ethics and when and how a Councilor is required to report a conflict of interest.
   
   Since moving to electronic meetings we have had members of the public use social media to make comments regarding issues before the Council. Our policy is to have members of the public use our Zoom meeting protocols and call into the meeting if they want to comment on an issue before the Council. In order to not complicate GRAMA requests and not increase the workload of staff, it would be best if Councilors refrain from using social media while the Council is meeting to conduct Council business. These topics are important internal affairs of the Council. A motion was approved 7:0 to adopt the following statement and to insert it at an appropriate place within the Provo City Municipal Council Handbook as the policy of the Council, applicable to Council members, the Municipal Council Executive Director and full-time employees in the Council Office:
   
   "The Municipal Officers' and Employees' Ethics Act" (Utah Code §10-3-1301 et seq.), applies to municipal councilors and the municipal council's staff. The Council considers it a best practice to revisit and remind the councilors and council staff of the limits and responsibilities of our unique positions. It is the policy of the Provo City Municipal Council that every Council member, the Municipal Council Executive Director, and all full-time employees of the Municipal Council complete and file annually with the City the Administrative Code of Ethics and Conduct and the Gift & Conflict of Interest Disclosure forms provided by the Administration generally to city officers and employees. It's important to keep the separation between the two branches, but the yearly ethics rules refresher is important and the Administration is already set up to handle the submission and retention of these forms. This change makes sense.
3. A discussion regarding Provo City’s goal of renewable energy. (20-083)
   The Council has had a presentation from Travis Ball the Director of Energy regarding the increased use of renewable energy in Provo’s electricity production portfolio. In the near future some of the coal fired plants that produce electricity for Provo are going to be taken offline, this will give Provo a chance to replace this production with new clean renewable energy. The Council had discussed in the past what percentage of electricity the city uses should come from renewable sources. Three weeks ago we seemed to coalesce around the idea of setting a goal for the City to reach 60% clean energy generation by 2030. We are returning to the topic to discuss a proposed goal. A motion to adopt into the Council Handbook, and refer to the Energy Board, a goal of achieving 60% green, renewable, and carbon-free power sources by 2030 was approved 7:0. I think this goal hits the sweet spot of being a bit of a stretch to achieve, and the timing is right where we can get a good return on our investment to improve our air quality.



Administration

4. 2020-2024 Five-Year Consolidated Plan and First Year Action Plan (PY2020) Approval of CDBG & HOME funding recommendations. (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).
   
   The ConPlan is carried out through Annual Action Plans, which provide a concise summary of the actions, and the specific federal resources that will be used each year to address the priority needs and specific goals identified by the ConPlan.
   
   The 2020 ConPlan is a blueprint of how Provo City and the Utah Valley HOME Consortium’s goals and objectives will be achieved for the covered five-year period. The 2020 ConPlan, in its first Action Plan, PY2020, also provides performance measures and proposed activities to be carried out for CDBG and HOME.
   
   The CDBG and HOME Programs provide the City of Provo and other local governments with the opportunity to develop viable urban communities by funding activities that provide decent housing, a suitable living environment and by expanding economic opportunities, principally for low- and moderate-income persons. Funds are awarded to carry out a wide range of community development activities directed towards neighborhood revitalization, homeownership, and condition of housing stock.
   
   A Public Comment Period (April 19, 2020 to May 19, 2020) is conducted for citizens, partner agencies, and other interested parties to review and comment on the Plan.
   
   Along with the Public Comment Period, two public hearings are held to receive input from Provo citizens and Consortium members’ and citizens. Electronic copies of the 2020 ConPlan Draft are available for public review at the City’s website.
   
   The first public hearing on May 5, 2020 will present the Draft of 2020 ConPlan (Exhibit A) to Council members and the public in general. Also included are the proposed PY2020 uses for CDBG and HOME funds which, to simplify the review of proposed projects, are in Exhibits B-for CDBG Capital Projects, C-for CDBG Public Services Projects-Regional Collaboration, and D-for HOME Projects. Theses Exhibits show the proposed funding recommendations made by Advisory Committees who listened to applicant presentations and reviewed and evaluated application.
   
   The second public hearing on May 19, 2020 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. So far I'm only partway through this 179-page document. There are some possible oddities that I've found. It seems that if a couple were to retire, with sizable savings supplemented by Social Security, and choose to live in a high-end apartment Downtown, they could be classified as very low income and living in "severely overcrowded" conditions. Presentation only. This item was already scheduled for a public hearing at the Council Meeting on May 5, 2020. See my report for item 3 in the evening agenda.
5. Small Business Loan Program in response to COVID-19. (20-081)
   In response to the negative impacts to the local economy, particularly 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 assist small businesses stay in business during this difficult economic time. These would be small loans ranging from 10 to 25 thousand dollars each. The available funding identified is from a Tax Increment Financing fund generated from an existing Community and Redevelopment Area. This program is still being formulated and not all of the information is consistent. Perhaps my biggest concern is that much of the impetus seems to be the effects of the pandemic response, but much of the application was geared around funding business expansions, not helping businesses bridge the economic downturn. I imagine that all of this will be worked out before we vote on it which will be at least two more weeks. Presentation only. The Administration has been working hastily to get this program in place in time to have it actually matter to our local businesses. They asked the Council if we were supportive (we are) and how we would like to approach it policy-wise. They will revise the plan and bring it back to the next meeting, hopefully for passage.



Policy Items Referred from the Planning Commission

6. An ordinance amending Provo City Code Chapter 14.27 (M1 - Light Manufacturing Zone) regarding permitted uses and yard requirements. 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.
   
   Public comments on this item are being taken on Open City Hall. I'm very unsettled on this item. Putting the question of the current Christensen Oil property aside for a moment, I haven't seen any analysis of whether "Petroleum bulk stations and terminals" would be an appropriate use at the other M1-zoned areas of the City. I am not convinced that fuel storage fits in "light manufacturing". Presentation only. This item was already scheduled for the Council Meeting on May 5, 2020. See my report for item 6 in the evening agenda.



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

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, May 5, 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. A presentation regarding FY 2020-2021 budget.
   This will be an interesting budget year with all the uncertainty because of the pandemic. Presentation only. Perhaps the hardest part is the uncertainty of how large the drop in revenues will be for the fiscal year that starts in July. How deep of cuts should we make? The tentative budget is fairly cautious. The cuts are real, not just shifting expenses until later, but we are trying to be careful not also do long-term damage to the services our residents receive or the people we depend on to provide those services.
2. Small Business Loan Program in response to COVID-19. (20-081)
   See my preview for item 5 in the earlier meeting. Presentation only. See my review for item 5 in the earlier meeting.




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

3. A resolution approving the 2020-2024 Consolidated Plan, and funding recommendations to the first-year action plan. (20-080)
   This was item 4 on the work meeting agenda. See my preview for item 4 in the earlier meeting. This item was a public hearing only. It was continued for a second required public hearing at the Council Meeting on May 19, 2020. During the last four years of my Council service, I was only voting on the 1 year budget for how these programs would be implement. This year the 5-year plan is up for renewal, that will guide these programs for the next 5 years. I felt that the 5-year plan is the bigger deal and should have received the bulk of the discussion among the councilors, but the focus of the presentations were still on the 1-year budget. This item requires two meetings and I requested that the next meeting focus on the 5-year plan.
4. An ordinance amending Provo City Code relating to parking lot landscaping. Citywide application. (PLOTA20190433)
   Provo City Community and Neighborhood Services requests amendments to Provo City Code Section 15.20.090 to change the design of parking lot landscaping. The amendment would do the following:
   
   Provide a clear calculation of the number of trees required for new parking areas. The ration would change from one (1) tree per 120-square feet of landscaped area (six percent (6%) of surface area) to one tree per four (1:4) parking spaces.
   
   Increase required tree canopy coverage from 25% to 50% at tree maturity
   
   Provide a list of 19 approved parking area trees, selected by the Provo City Forester, that grow well in parking lots in Provo’s climate
   
   Allow for xeriscaped groundcover in landscaped areas, lowering the amount of vegetated surface required from 50% to 35%.
   
   Remove the requirement for concrete curbing around landscaped areas to allow for natural storm water infiltration
   
   Gives one more option for parking lot landscaping design—planting diamonds--that maximizes number of parking spaces in a given land area
   
   Allows developers to substitute trees with landscaped stormwater control features in well control areas I like these proposed changes. I wonder if Staff supports the Planning Commission recommendation to amend the proposal to still require concrete curbing around landscaping. Also, as a note-to-self, 3(c) may have a typo in it. Approved 7:0. This is a solid update to these policies.
5. An ordinance amending Provo City Code updating the development requirements of lands located within the Special Flood Hazard Area. Citywide application. (PLOTA20190328)
   At the November 13, 2019, Planning Commission meeting a presentation was made regarding updates to the Special Flood Hazard Area ordinance. At that time, the Planning Commission members continued the item for additional information and to wait for the Public Works Department to update its design manual for stormwater. The stormwater manual has now been updated and we are sending the flood hazard amendment back to you. The proposed ordinance has been updated to include the specific Flood Insurance Rate Maps for Provo that have been revised by the Federal Emergency Management Agency (FEMA) with the effective date of June 2020. It is important that Provo City adopt these new maps before the effective date in order to comply with National Flood Insurance Program requirements. This will update and bring out code into compliance with federal guidelines. Approved 7:0. This is mostly just housekeeping.
6. 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 6 on the work meeting agenda. See my preview for item 6 in the earlier meeting. Continued by Council rules to the Council Meeting on May 19, 2020. This was the first time that this issue came before the Council, and it is definitely not a routine item. It was continued and the Council has continued to look into it between meetings. I really appreciated the quick adjustment made between meetings to address my biggest concern which was the opening of all M1 zones, all of which are adjacent to residential zones, to this use that everyone acknowledges is not ideal.
7. *** CONTINUED*** The Provo City Community and Neighborhood Services Department requests amendments to Section 14.34.295 Downtown Development Design Standards to clarify architectural requirements in the Downtown Zones. Citywide application 16-0005OA
   This item was not ready to be heard.
8. *** CONTINUED*** Paul Washburn requests a General Plan amendment from Commercial to Mixed Use for the Super 8 Motel, located at 1555 N Canyon Road in the General Commercial (CG) zone. Carterville Neighborhood. (PLGPA20200062)
   This item was not ready to be heard.
9. *** CONTINUED*** Paul Washburn requests a Zone Change from General Commercial (CG) to Campus Mixed Use (CMU) for the Super 8 Motel, located at 1555 N Canyon Road. Carterville Neighborhood. (PLRZ20200085)
   This item was not ready to be heard.




Adjournment