Friday, May 1, 2020

Citizens Agenda for Meetings on May 5, 2020

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:

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.

  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.
  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.
  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.
  1. 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.
  2. 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.
Policy Items Referred from the Planning Commission
  1. 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.
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.

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.
  2. Small Business Loan Program in response to COVID-19. (20-081)
Public Comment
  • Instructions for making public comments at this electronic meeting can be found on the officially published agenda:
  • 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 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.
  2. 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
  1. 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.
  2. 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.
  3. *** 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.
  4. *** 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.
  5. *** 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.


What do those numbers at the ends of the agenda items mean?
    • Items on the agenda are given a file number by Council staff or Community Development staff to help with tracking the item through the legislative process and to organize the supporting materials.
    • You may find it helpful in cases where an item may be worded a little differently on different agendas. Matching up that file number helps you see that it is the same issue.
More supporting materials may be available with the agendas posted on the public documents site. For more information on how to see those materials, visit the Council’s blog.

Council meetings are broadcast live and available later on demand at
To send comments to the Council or weigh in on current issues, visit Open City Hall

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