Council Meetings - 20 October 2020

The most controversial item on the agendas is our discussion about what to do with our "mask mandate" that is set to expire on the 15th of November. The discussion I'm most looking forward to is about the future of Historic Center Street. Two other items that I think are worth noting: the discussion on digital signs and their hold times, and proposed changes to regulations regarding Special Events and Expressive Activities (e.g. protests).

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:00 pm, Tuesday, October 20, 2020

Business

1. A presentation regarding the 2020 4th Quarter Financial Report. (20-137)
   Staff will provide to the Municipal Council a high level overview of the revenues and expenses for the fourth quarter of fiscal 2020. The fourth Quarter of the fiscal year was Apr-Jun. Take a look at the report. Despite the pandemic, our revenues ended up at 99% of what was budgeted. Sales tax revenue was slightly above what was budgeted; lodging tax was 15% below. Charges for services (things like Rec Center admissions) were off 15% as well.
   
   On the expenditure side, we made some drastic, unsustainable cuts to department budgets because of the uncertainty surrounding the pandemic. This resulted in spending that was almost $5M below what was budgeted in the General Fund. The enterprise funds follow the same trend; revenue is about the same, expenditures are way down (for things like delayed maintenance or projects), leading to higher balances (or lower deficits) than expected. Presentation only. It was a helpful discussion to get down into the details a bit, but the discussion only reinforced the report's impression.
2. An update from Fire Chief Miguel regarding protective equipment purchased with CARES Act funding, plans for Fire Station 21, and needs for the Airport. (20-136)
   Fire Chief Jim Miguel will update the Council regarding the following topics: protective equipment purchases with CARES Act funding, Fire Station 21 plans, Airport needs. There wasn't a lot of information attached, but I look forward to hearing this update from the Chief. Presentation only. Most of the update focused on the Range Fire and the efforts by our Fire Department to assist and protect Provo City. Some of the future needs were discussed.
3. A discussion regarding proposed amendments from the Sign Committee to Provo City Code regarding electronic sign hold times and permitted locations. (20-101)
   This item is a continuation of the discussion from July 7, 2020. 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 v6 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 has been an ongoing discussion topic for the Council for a couple of years and an on-and-off discussion for several more. I think the safety considerations of the regulations are essential, but I don't think we should discount the aesthetic considerations either. Presentation only. This item will return to the Sign Committee for further refinement. I believe this was a productive discussion, both in terms of helping the rest of the Council (those of us not on the Committee) understand what is being proposed, as well as giving feedback and sharing our concerns with the Committee. This item will come back to our next meeting.



Policy Items Referred from the Planning Commission

4. An ordinance amending the zone map classification of approx 5.33 acres of real property, generally located at 1724 S State St, from Agricultural (A1.5) & Residential (R1.6) to Community Shopping Center (SC2). Spring Creek Neighborhood. (PLRZ20190426)
   The subject property lies on South State, just north of the intersection of State Street and Lakeview Parkway (1860 South). It is bordered on the north and east by vacant land that is the subject of a sizeable medium density residential project (204 units). A railway lies to the west of the property. The Provo City Transportation Master Plan 2020, Major and Local Street Plan calls for a future collector to run parallel with, and east of, the railway. The land west of the subject property lies in unincorporated Utah County and has an industrial zoning designation. Some of the land to the south also lies in unincorporated Utah County and has an agricultural/residential designation. A portion of the land to the south lies within the city boundaries and has an A1.5 zoning designation. The subject land is in a high-water table area and the National Wetlands Inventory Mapper shows potential wetlands on the property. Portions of the subject property (new construction, etc., which are located within one hundred [100] feet of South State Street) lies in the South State Street Design Corridor. This Design Corridor has a set of design standards to, among other things, “promote attractive development” and “attract customers to businesses.” Planning Commission recommended denial. This item was continued at the request of the applicant.



Business

5. A discussion regarding a Council policy intent statement for Center Street. (20-138)
   Councilors Dave Harding and Shannon Ellsworth met with several members of City staff to discuss policies for Center Street and wanted to discuss a policy intent statement from the Council to guide future Administrative decisions. Historic Center Street is an almost magical place, but it isn't living up to its potential. The year-plus construction on State Street has funneled even more traffic through Downtown Center, making it less inviting and further from living up to its designation as a pedestrian mall. What would it take for Center Street, from 500 W to 200 E, to be a comfortable place for people to spend time? According to the Administration, it would be helpful to have a statement from the Council expressing our support for a more pedestrian-focused street.
   
   Here is a statement by Downtown Provo Inc. A motion to adopt the Center Street policy intent statement as presented was approved 7:0. Over the years, there have been conflicting visions and priorities for Center Street. Hopefully, Public Works, the rest of the Administration, the businesses, and the public-at-large has a clear understanding of the policy direction the Council intends to pursue concerning Center Street.
6. A presentation regarding the Central Corridor Transit Study's findings. (20-133)
   The Central Corridor Transit Study (CCTS) Team has asked to present their progress and findings to the Council. The CCTS was a collaborative with the Utah Department of Transportation (UDOT), Mountainland Association of Governments (MAG), and seven cities in Utah County (Lehi, American Fork, Pleasant Grove, Lindon, Orem, Vineyard and Provo) to evaluate options for faster and more frequent high-capacity transit service between Lehi and Provo. I've heard about an idea being toyed with which would extend light rail from Lehi down to Provo. I wonder if this corridor study is related to that. Even if this is, I imagine it'll be 15-20 years before such a project would reach completion. Presentation only. This is an exciting project and helps move our community towards a more sustainable transportation system.
7. A discussion regarding the renewal of certain requirements related to the COVID-19 pandemic responses, including face coverings and public gatherings. (20-118)
   This item is scheduled for the Council Meeting this evening, where the Council may vote on whether to renew Provo City Code Chapter 9.25. Chapter 9.25 was originally set to expire on November 15, 2020. The Council agreed to discuss renewing it in their meetings on October 20, 2020. First, the City enacted some regulations regarding social distancing and mask-wearing. Then, the County issued some regulations. And just recently, the State issued its own rules. What should the City do now? We have a sunset clause built into our ordinance to expire on the 15th of November unless we extend it on the 20th of October. A motion to make an ordinance repealing the mask ordinance the implied motion for the Council Meeting that evening was approved 6:1, with Shannon Ellsworth opposed. We discussed several options, including extending the regulations, doing nothing and allowing them to expire next month, or rescinding the rules. After discussing each option's positives and negatives, the majority of the Council wanted to make a repeal the default option for the evening's 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. No meeting was requested.




Adjournment

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PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, October 20, 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 $56,147 in the General Fund to correct elements of the Fiscal Year 2020-2021 Budget related to the Cemetery. (20-228)
   In the preparation of the Fiscal Year 2021 Budget, there were errors made in Cemetery Personnel accounts that need to be corrected in order for Cemetery to have the budgeted funds necessary to operate at current staffing levels through the end of the fiscal year. We discussed this as item 8 in the 6 Oct 2020 Work Meeting. In a large budget, corrections are bound to happen. Approved 7:0 A simple correction of a simple mistake.
2. A resolution authorizing the consolidation of two Utah State Infrastructure Bank Loans to create a new consolidated Bank Loan from the Utah Department of Transportation to the Airport Fund. (20-234)
   On October 29, 2019, the Council authorized a $5,000,000 Utah State Infrastructure Bank Loan to the Airport Fund to be repaid at 2.1% interest over five years to partially fund the cost of infrastructure construction for the new airport terminal. The Provo Public Works Department has secured a second Utah State Infrastructure Bank Loan for $5,149,553. This resolution would consolidate the two loans for the airport terminal. The new consolidated loan of $10,149,553 will be paid back at a 0.79% interest rate over five years starting in Fiscal Year 2023 and ending in Fiscal Year 2027. This was discussed as item 1 in the 6 Oct 2020 Work Meeting. There is a gap in the timing of some of the County funding for the new Airport Terminal. This loan, and the loan in the following item, will bridge the gap. Approved 7:0 The Administration will continue to look for other ways to span the funding gap, but they can move forward with the Airport construction, knowing that if all else fails, we can use a portion of the Energy Fund reserve, which will be paid back when the county contributions come in.
3. A resolution authorizing an interfund loan of up to $9,100,000 from the Energy Fund to the Airport Fund. (20-135)
   The Public Works Department requests authorization of an interfund loan of up to $9,100,000 from the Energy Fund to the Airport Fund to help finance the completion of the new airport terminal. Interest on the interfund loan will be calculated monthly at a variable interest rate equal to the monthly State Pool interest rate. Principal on the interfund loan will be paid back in the following years and amounts: $807,792 in Fiscal Year 2022, $1,798,962 in Fiscal Year 2023, $3,470,858 in Fiscal Year 2024, and $3,022,388 in Fiscal Year 2025. See the previous preview. Approved 7:0 See the previous report.
4. A resolution to place approximately 1.69 acres of vacant land at 1100 West Center Street on the surplus property list. (20-134)
   Starting in 2000, Provo City and the Provo City Redevelopment Agency have acquired several parcels of property at approximately 1100 West Center Street. The intent of these property acquisitions has been to control property for a project that would enhance the entrance onto the Center Street corridor. Over the years, we have received many offers to purchase the property for uses that have ranged from storage units to higher density housing. Recently, we have received viable inquiries about the property and have determined that it is the right time to add the property to the surplus property list. Having the property surplused will ease the process in negotiating the sale of the property. It should be noted that there is a Community Garden located on the parcel. Community Action, our partner for the management of the Community Garden, recognizes that the Community Garden is a temporary use and that the garden will need to be removed and possibly relocated at the time of the sale. This is not a commitment to sell the property to any particular buyer, but it does appear to be time to more seriously entertain the offers. Approved 7:0 This allows the Administration to enter into more serious discussions with potential buyers of the property.
5. An ordinance amending Provo City Code regarding swimming pool fencing and covering. Citywide Application. (PLOTA20200286)
   Provo City Development Services is requesting approval for an ordinance amendment to Section 14.34.210, Provo City Code. This amendment comes by request of the Building Division as a way to update the zoning codes on swimming pools to better match the International codes that the building inspectors review from. The current city code states one option for securing pools on private property, a six (6) foot high fence surrounding the pool. However, the International Building Code now allows for a variety of measures including a safety cover. In an attempt to have the City Code parallel today’s building codes, staff has prepared the text amendment for adoption. Planning Commission gave a positive recommendation. This is the second hearing. Development Services is acting the Council to update the code to refer to the International Building Code for pool fence requirement. I think that is a great idea. Approved 7:0 With this change, we are relying on the International Building Code.
6. An ordinance amending the zone map classification of approximately 5.33 acres of real property, generally located at 1724 S State St, from Agricultural (A1.5) & Residential (R1.6) to Community Shopping Center (SC2). Spring Creek Neighborhood. (PLRZ20190426)
   This was item 4 in the work meeting. This was continued at the request of the applicant.
7. An ordinance amending Provo City Code 6.20 Special Events and Expressive Activities (20-223)
   The Council’s subcommittee focused on public gatherings has prepared proposed changes to Chapter 6.20 of the Provo City Code to address guaranteeing the rights of expressive speech while balancing the need for public safety. Included in this proposal is the definition of a spontaneous event, a ban on protesting in front of private residences, and a definition of what types of expressive speech events need a permit before they can take place. This was discussed in the 6Oct20 Work Meeting. I am supportive of this effort and hope that a couple of concerns I raised last time were addressed. Approved 7:0 I appreciate the work of the Committee and am happy to vote for it after the concerns that were brought up were addressed.
8. An ordinance regarding the renewal of certain requirements related to the COVID-19 pandemic responses, including face coverings and public gatherings. (20-118)
   This was item 7 in the work meeting. See my preview for item 7 in the work meeting. A motion to approve amendments to the draft ordinance was approved 7:0, after which the ordinance was approved 7:0. We rescinded the Provo Mask Mandate to reduce any confusion by having both a Municipal and a State mask mandate, feeling that the State Mandate was sufficient. See the press release.
9. ***CONTINUED*** An ordinance amending Provo City Code to increase the permissible lot coverage in the Del Coronado PRO Zone. Maeser Neighborhood. (PLOTA20200318)
   This item was not ready to be heard.
10. ***CONTINUED*** An ordinance amending the zone map classification of approximately 1.7 acres of real property, generally located at 1320 South 1080 East, from Residential (R1.10) to Low Density Residential (LDR). Spring Creek Neighborhood. (PLRZ20200319)
    This item was not ready to be heard.
11. ***CONTINUED*** An ordinance amending the zone map classification of approximately 18 acres of real property, generally located at 1920 South 500 West, from Agricultural (A1.20) to Low Density Residential (LDR). Lakewood Neighborhood. (PLRZ20190182)
    This item was not ready to be heard.
12. ***CONTINUED*** Adding Open Space, Preservation and Recreation (OSPR) zone as City Code Chapter 14.33. Amend City Codes: 15.20.080(2)(c), supplemental landscape requirements; 14.38.075, signs permitted within OSPR zone. Citywide application. (PLOTA20200140)
    This item was not ready to be heard.
13. ***CONTINUED*** The Community and Neighborhood Services Dept. requests Zone Changes for various city parks from Public Facilities (PF) to the Open Space, Preservation and Recreation (OSPR) zone. Citywide Impact PLRZ20200304
    This item was not ready to be heard.
14. ***CONTINUED*** An Ordinance Text Amendment request to Sections 1.2.9 and 1.2.10 of the Provo City General Plan, relating to key land use policies and the annexation policy plan. Citywide application. (PLOTA20200341)
    This item was not ready to be heard.
15. ***CONTINUED*** An ordinance amending the zone map classification of approximately 0.25 ac of property, generally located at 189 S 500 W, from Residential Conservation (RC) to Very Low Density Residential (VLDR). Franklin Neighborhood. (PLRZ20200124)
    This item was not ready to be heard.




Adjournment