Council Meetings - 21 July 2020

Tomorrow's meetings are really light. We almost canceled the meetings. Our chair, George Handley, is unavailable so I'll have to chair the meetings tomorrow. Even though there are only a handful of items, we will be touching on the two raging issues of our time: COVID and protests.

The COVID item is a late addition to the Work Meeting, so it isn't part of my preview below. Some on the Council requested this item to discuss with the Administration what we can do to encourage proper precautions. A team at BYU just released an analysis of the most up-to-date research and finds general consensus that wearing masks is the best thing that we can be doing to get through this crisis. If we all will mask-up when in public then we can prevent further shutdowns, we can reduce the risk of kids going back to school, we can help our economy rebound, and we can save lives. We can even avoid the whole discussion about whether the government should or should not mandate it. Just do it. It's the right thing to do whether or not it is mandated.

Work Meeting Agenda
2:00 pm, Tuesday, July 21, 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 a WaterSMART Grant application. (20-105)
   Public Works has been working to identify ways to artificially recharge the aquifers that supply water to the City. A WaterSMART drought resiliency grant has been identified as a potential funding source for these aquifer storage and recovery projects. One of the requirements of the grant application is a resolution indicating the Council's support and commitment to meeting the requirements of the grant program. I'm a big proponent of ASR (aquifer storage and recovery) to help meet the future water needs of Provo City. If grants have already been set up to help pay for projects of this nature, then we should seriously consider applying for them. Presentation only. This item will be scheduled for the Council Meeting on August 4, 2020. We are currently replacing our sewer treatment plant (it'll cost over $200M over 30 years). We are in the midst of numerous projects extending services to West Provo and replacing aging infrastructure throughout the rest of Provo. I agree with the Public Works Director, Dave Decker, that ASR is the most important project that the department is currently working on. Generations to come will benefit from the foresight driving this project.
2. A motion to add an additional committee member to the Public Gatherings Committee. (20-103)
   The committee was formed during the Work Meeting on July 7, 2020. Since it was created, Councilor Shannon Ellsworth has expressed interest in being a part of that committee. The committee members were amenable to the request and it has been brought to the full Council to formalize the action. I have no concerns about this item itself.
   
   The ACLU of Utah recently released a report that was critical of Provo City's responses to the protest/rallies/gatherings. I was horribly disappointed in the one-sidedness and mischaracterization in the report. From my perspective, we have had several successful gatherings of groups with different viewpoints, and only one that went terribly wrong. While the ACLU seems to be upset about July 1st gatherings, I'm upset about the gathering two days before where members of the public were harassed, threatened, and shot by so-called demonstrators. Ironically, the first ACLU "demand" is for law enforcement agencies to "not deploy to protests when there is not a clear and present danger to public safety," which is pretty much what Provo had been doing prior to the evening of July 1st. This approach worked well when protesters gathered for peaceful protest. The same approach failed on June 29th when protesters gathered to violently protest. It was the failure of this approach that led to a stronger police presence at the July 1st gathering. A motion adding Councilor Shannon Ellsworth as a member of the Public Gatherings Committee was approved 6:0, with George Handley excused. Councilors Handley, Fillmore, and Ellsworth are now serving on this committee.
3. An update regarding Provo City's policies for COVID-19. (20-106)
   This item was added late to the agenda. Presentation only. The Council is very concerned about the surge in COVID-19 cases in Utah County. We discussed with the Administration steps that we can take to keep city employees and the community safer. We encouraged the Mayor to specifically look at policies regarding city facilities that serve the public. We all agree that face-masks are an effective way to slow the spread and are to be encouraged.



Policy Items Referred from the Planning Commission

4. An ordinance amending the zone map classification of approx 1.92 acres of property generally located at 442 and 490 S State St from General Commercial to High Density Residential and authorizing a related development agreement. Maeser Neighborhood. (17-0010R)
   The applicant is requesting a zone change from General Commercial (CG) to High Density Residential (HDR) at this location to allow for a four-story, 32-unit apartment, a three-story, 24-unit apartment and a two-story, 4-unit townhomes on the corner of 500 South and State Street. These proposed sixty units would be on commercial property that is to be rezoned to High Density Residential (HDR). The HDR zone would allow for more units and additional building height than is being requested, therefore, a development agreement would be advisable to ensure that only what has been proposed would be developed. The City Council continued the zone change request and instructed the applicant to go back and work with the neighborhood and address their concerns. The applicant has now done that and made changes to their original proposal of 64 units in 2 four-story buildings. The Council agreed to this request last year, but the project stalled and the deal expired after a year. The developer would like to renew the rezone to be able to proceed with the project.
   
   I have not seen anything change that has led me to change my mind on the project. Presentation only. This item was already scheduled for the Council Meeting on July 21, 2020. I supported this request a year ago when it was first approved. I still think it should go ahead.



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. A closed meeting was held.



Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, July 21, 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 to the winner of the ULCT essay contest "Why I Like My Community." (20-104)
   Thanks to ULCT for creating this contest and for everyone who entered. We are truly blessed to live in such a wonderful community. Presentation only. Congrats to Alana Parry on a great essay!
   
   

   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

2. A resolution appointing individuals to various boards and commissions. (20-003)
   Mayor Kaufusi has submitted a number of appointments and reappointments of individuals to various boards and commissions. The Council has had an opportunity to review the appointees' qualifications and meet with the appointees. This resolution will formalize their appointments to these respective boards and commissions.
   
   Scott Parker and Emma Willes (Arts Council), Matthew Christensen and Jamie Littlefield (Landmarks Commission), Megen Pectol (Library Board), Jen Peterson and Tom Sitake (Parks and Recreation Board), Richard Peterson and Maria Winden (Board of Adjustment), Jim Tracy (Civil Service Commission), Cole Houghton and James Hall (Design Review Committee), Clancy Black (Transportation and Mobility Advisory Committee), Allyn Jones, Lisa Jensen, Daniel Gonzales, and Brian Henrie (Planning Commission). A big reason why Provo is such a wonderful community is that so many people are willing to serve to make the community better. Approved 6:0, with George Handley excused. Thanks to those willing to serve!
3. An ordinance amending the zone map classification of approx 1.92 acres of property generally located at 442 and 490 S State St from General Commercial to High Density Residential and authorizing a related development agreement. Maeser Neighborhood. (17-0010R)
   This was item 3 in the work meeting. See my Preview for item 3 in the earlier meeting. Approved 5:1, with Shannon Ellsworth opposed and George Handley excused. I supported this request a year ago when it was first approved. I still think it should go ahead.




Adjournment

Council Meetings - 7 July 2020

We tackled several controversial issues in our meetings three weeks ago. Tomorrow's agenda is a bit more routine. We will be hearing an updated proposal from the Sign Committee regarding the hold time of electronic signs and we have a discussion scheduled to discuss the process for permitting some types of public protests.

Work Meeting Agenda
3:00 pm, Tuesday, July 7, 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 proposed amendments from the Sign Committee to Provo City Code regarding electronic sign hold times and permitted locations. (20-101)
   The Sign Committee has spent the last year reviewing Provo City's policy regarding electronic signs. At the suggestion of the committee, the Council approved an ordinance prohibiting electronic signs in residential and agricultural zones in October 2019. The committee is now bringing a second proposal to the Council for consideration. The committee proposes that Provo be divided into three areas: 1. areas where digital signs are prohibited 2. areas where long hold times no shorter than one hour are permitted 3. areas where short hold times no shorter than one minute are permitted (unless the sign is in an SC3 zone and represents 20 or more tenants, in which case the shortest permitted hold time would be 15 seconds) Digital Sign Hold Time Principles v5 gives more details and outlines where each would be applied. After reviewing the available academic literature and visiting with local business owners, the committee believes that this is the best compromise between Provo's commitment to public safety and the need to create an environment where local businesses can thrive. A more thorough explanation of the rationale behind this proposal, including a short list of studies consulted, is available in the Digital Sign Ordinance Preamble. In Provo City Code, the current long hold time is that a sign may change up to three times per day. The short hold time is eight seconds, which is the most common hold time in neighboring cities. This proposal is, in my opinion, a significant improvement over the last one proposed by the committee. The committee has been thorough and has well documented their research.
   
   Pretty much all of the research is on the safety aspect of hold times on electronic signs. Other than one line in the preamble, the "detrimental" aspect of electronic signs on "community aesthetics" is not discussed in the documentation. I feel like we can have an informed discussion on the safety aspect. I don't know how the aesthetics discussion will go.
   
   My decision will be impacted by the little details of implementation. For example, I noticed a gas station had five different signs on one pole. If all five were converted to electronic signs, and each could change once a minute, then one would change every 12-seconds, on average. So I need to understand how these regulations would apply in this situation. Presentation only. The committee received feedback from the rest of the Council and will continue to work on the proposal.
2. A discussion regarding Provo City’s permitting process for demonstrations and protest. (20-103)
   Councilors wanted to learn more about Provo City’s process for issuing permits for events. In the past couple of months, Provo has seen several peaceful protests and one aggressive, confrontational, violent protest that resulted in property damage, a shooting, and three arrests. The Police approach that was very successful in the early protests was insufficient for last Monday's violent gathering. The Police changed their approach and worked closely with the groups that gathered on Wednesday in the aftermath of the violence. I commend the Administration, Police, and organizers of the various groups that gathered on Wednesday. For people interested on this topic, I recommend this post by Provo Police showing some of the bridge-building that took place at Wednesday's gatherings, this KSL article on the Wednesday protests, and this Facebook post by Deputy Mayor Isaac Paxman shedding some light into the work that has been going on behind the scenes. A motion to establish a committee to review the permitting process for public gatherings, to review the related ordinance, and recommend changes, with Bill Fillmore as Chair and George Handley as a committee member, was approved 7:0. My understanding is that this committee is mainly to review what the current process is and make recommendations if needed.



Policy Items Referred from the Planning Commission

3. A discussion regarding rezoning all R2.5, R3, R4 properties to Low Density Res., Medium Density Res., or High Density Res. and the removal of the R2.5, R3, R4, R5, and Campus High Density zones from City Code. (PLRZ20190427 and PLOTA20190428)
   In order to streamline the different zones in Provo, the Community and Neighborhood Services is proposing to eliminate five different residential zones and replace them with three new zones. This will create more flexibility and clarity. Planning Commission recommended approval for PLRZ20190427 and PLOTA20190428. The conversion from the old-style zones to the newer zones has taken many years and I think it is time to complete the conversion. I'm surprised by the statement in the information packet that suggests that none of the properties will be non-conforming after the conversion. I will dig into that a bit during the discussion. Presentation only. These two items were already scheduled for the Council Meeting on July 7, 2020. See my report for Item 7 in the evening meeting.



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, July 7 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 the Arbor Day Foundation naming Provo a 2019 Tree City USA. (20-100)
   The information packet has a link to a fun resource I hadn't seen before. It is the Provo Tree Selection Guide and Tour and has pictures, information and a map of like 80 different types of trees in Provo. Presentation only. The Provo Tree Selection Guide that I mentioned in the Preview actually entered into the discussion for item 6 below.
   
   

   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

2. A resolution appointing individuals to various boards and commissions. (20-003)
   Mayor Kaufusi has made recommendations regarding reappointments to the Provo City Housing Authority board, and new appointments to the Library Board and Arts Council. The Council has met with these individuals and their appointments will be formalized by a resolution of the Council. Appointments: Beth Alligood and Doug Gale (Provo Housing Authority Board); Allyson Condie and Jennifer Bruton (Library Board); Margaret Weber, Eric Snider, Scott Parker, Emilie Campbell, and Emma Willes (Arts Council). As I've said many times before, Provo is a better place because of all the people who volunteer their time and efforts. The people who serve on city boards and commissions have a major impact on the policies and programs of our city. Approved 7:0. Two of the nominees could not be appointed because we were not able to meet with them beforehand.
3. An Ordinance amending Provo City Code Section 14.33A.100 regarding terracing requirements (Critical Hillside Zone Only). (20-099)
   The Planning Commission had recommended shifting authority to grant permission to increase the number or height of terrace walls from the Planning Commission to the Development Services Director or their designee. This change was not included in the zone text (Provo City Code 14.33A) that the Council adopted on June 16, 2020. The attached ordinance would make this amendment. I don't have any concerns. Approved 7:0. This was intended to be part of what we passed last time.
4. An ordinance amending Provo City Code to amend the list of Permitted Uses in the Community Shopping Center (SC2) Zone. Citywide application. (PLOTA20200137)
   Earlier this year, the applicant applied for a business license to operate a business event center from a property located at 1440 N Moon River Dr. in the SC2 zone. The business license was not granted because the use was not listed as a permitted or conditional use in the zone. The applicant has now requested an ordinance text amendment to add SLU #7230 to the list of permitted uses in the SC2 zone in Provo City Code 14.19.020. Planning Commission recommended approval. This seems like a reasonable request. The Planning Commission questioned whether it would make more sense as a conditional use rather than a permitted use. I plan to ask if there are any SC2 zoned areas where this use might be problematic. Approved 7:0. I received satisfactory answers to my questions. This is a good change.
5. An ordinance amending Provo City Code to add Bicycle Parking Ratios to Residential Developments that seek off-street parking reductions. Citywide Application. (PLOTA20200142)
   Provo City Community and Neighborhood Services requests amendments to Provo City Code Section 14.37.050 to specify the number of bike parking spaces a residential project must have to qualify for a reduction in the required number of off-street automobile parking spaces. Planning Commission recommended approval. I support this request. The ratios were temporarily removed as we reworked some of the code and this ordinance will put them back in. Approved 7:0. This is a best practice of Parking Demand Management, and will help keep our city livable.
6. An ordinance amending Provo City Code regarding landscape buffers. Citywide application. (PLOTA20200143)
   Provo City Community and Neighborhood Services requests amendments to Provo City Code Section 15.20.110(3)(d) to legalize mulch and stone in landscaped buffers. This will allow developers to use less water in their landscaping. Planning Commission recommended approval. I support this request. I also appreciate the observation by one of our planning commissioners who observed that we don't define shade trees anywhere so some developers use cheaper ornamental trees instead which don't provide the intended shade. Approved 7:0. Community and Neighborhood Services will be proposing a fix for the loophole shortly.
7. An ordinance amending the Zone Map Classification of approximately 137.45 acres of real property across Provo from R2.5, R3, and R4 to Low Density Residential, Medium Density Residential, and High Density Residential, respectively. (PLRZ20190427)
   This was item 3 on the work meeting agenda. See my Preview for item 3 in the earlier meeting Approved 7:0. It was conceded that, in many cases, the new standards would have required better design that what was originally built, but with the update redevelopment in the future will be guided by the enhanced standards.
8. An ordinance amending Provo City Code to remove the Low Multiple Residential Medium Multiple Residential (Res), Medium Multiple Res, High Multiple Res, Very High Multiple Res, and Campus High Density Res Zones. Citywide application. (PLOTA20190428)
   This was item 3 on the work meeting agenda. Same as the last item. Approved 7:0. Same as the last item.
9. ***CONTINUED*** A Zone Change request from R1.10 to Low Density Residential for 1.07 acres for a townhome development, located at 50 E 3900 N. Riverbottoms Neighborhood. (PLRZ20190265)
   This item was not ready to be heard.
10. ***CONTINUED*** Ord. Text Amendment to Code Sections 14.06.020 & 14.34.060 to add definition for "utility trailer" & provide clarification on the location of boats, boat trailers, & travel trailers in res. zones. Citywide application. (PLOTA20200136)
    This item was not ready to be heard.
11. ***CONTINUED*** An Ordinance Text Amendment to add the Open Space (OS) zone to the Provo City Code (PCC) as Ch. 14.33 and to amend PCC Sec.15.20.080(2)(c) relating to supplemental landscape requirements. Citywide application. (PLOTA20200140)
    This item was not ready to be heard.




Redevelopment Agency of Provo

12. A resolution of the Redevelopment Agency of Provo City authorizing the Chief Executive Officer to sign a Letter of Intent for the lease of office space in Downtown Provo. (20-097)
    Back in May 2020, PEG came to the council to ask for help in reaching their prebuild lease of 60%, in order to get their funding released so they could start construction on the Freedom Commons Building. At that time the Council assigned a sub committee to discuss with PEG what they needed from the city and how to hold the city harmless. After two meetings the sub committee returned to the Work Meeting on June 16, 2020, to present the details of the lease and why PEG needed the RDA to sign the lease. The Council voted to move forward with the LOI to lease space in the Freedom Commons Building from PEG. This was discussed in the Work Meeting three weeks ago. PEG is basically asking if they can direct some of their TIF money into renting space so they can hit the needed 60% prelease for their loan. Approved 7:0. Hopefully, this is the last step to enable the construction of this project.




Adjournment