Sunday, June 14, 2020

Citizens Agenda for Meetings on June 16, 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:  http://agendas.provo.org

Due to the risks of public gathering associated with the spread of COVID-19, these meetings will be conducted entirely via electronic means. For information on how to view the meetings and how to contribute public comments, visit our blog: http://www.provocitycouncil.com/2020/03/virtual-provo-city-council-meetings.html


PROVO MUNICIPAL COUNCIL

Work Meeting Agenda

1:00 pm, Tuesday, June 16, 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 potential updates to the budget. (20-008)

    • This is the Council's opportunity to make any changes to the budget before the second of two required hearings in the Council Meeting this evening. The Council has discussed carryovers in the past, and final language must be determined before the resolution adopting the budget is approved.

Administration

  1. A presentation regarding an update on the Innovation Grant Fund Program. (20-096)

    • The Innovation Grant Fund Program was created several years ago to encourage our employees to think outside the box and be innovative in their approach to their jobs or challenges. The program successfully launched one round of initiatives/ideas. However, the program was not implemented in fiscal year 18/19. In late 2019, the program was re-initiated and the program began promoting and soliciting Provo City employees to submit innovative ideas. The criteria for selecting an innovative idea were as follows:

      • cost savings to Provo City as a whole

      • cost savings to individual departments

      • service and quality improvement to Provo residents

      • increased efficiency

      • contribution to public safety or quality of life and finally

      • innovation or a compelling concept

    • The Administration will present three brief updates from Police, Fire, and Community and Neighborhood services on the innovative submissions from these departments.

Business

  1. A presentation regarding the State Auditor's Office Fraud Risk Assessment. (20-012)

    • On January 7, 2020, the Council heard a presentation in a Work Meeting regarding the Utah State Auditor's Office Fraud Risk Assessment for Municipalities. This is a follow-up presentation to inform the Council of updates on the City's activities and progress related to filling out this assessment to determine the level of Provo City's fraud risk.

Policy Items Referred from the Planning Commission

  1. A discussion regarding a Letter of Intent with PEG Development. (20-097)

    • The Redevelopment Agency has been working with PEG Development for a facility that would provide additional Class A office space in the downtown and also meet the RDA's obligation to Utah County to provide 350 parking spaces for the Utah County Convention Center. PEG has encountered difficulties in getting sufficient commitments of the office space to allow their construction lender to release the financing to commence construction. PEG has asked the Agency to consider leasing enough space to reach the 60% threshold and obtain the financing. This is scheduled to be heard at the July 7 Council meeting.

  2. A resolution approving a substantial amendment to the Program Year 2019 Annual Action Plan to incorporate additional funds from the Coronavirus Aid Relief and Economic Security Act into the Community Development Block Grant Coronavirus funds. (20-093)

    • In response to the pandemic caused by the spreading of the Corona Virus COVID-19, the federal government provided an economic stimulus package through the Coronavirus Aid, Relief and Economic Security Act (CARES Act). This act made available, at the first tranche, $5 billion in supplemental CDBG-CV funding to prevent prepare for and respond to the coronavirus. The funds are administered by the Office of Community Planning and Development (CPD) of the U.S. Department of Housing and Urban Development (HUD), which has notified Provo City of an expected allocation of $745,997 in CDBG-CV grant funds. To use the funding, the City is required to amend the most recently approved Annual Action Plan (AAP), which for Provo City is the PY2019 AAP. The CARES Act provides flexibilities and waivers for CDBG grantees to make it easier to use CDBG-CV grants for coronavirus response, including amending the City’s Citizen Participation Plan to suspend regulatory requirements associated with CDBG funds, such as a reduced comment period, opportunity to hold virtual public hearings and citizen participation reasonable notices and opportunities to comment. A duly noticed Public Comment Period from June 11, to June 16, 2020 is conducted for citizens, partner agencies, and other interested parties to review and comment on the Plan’s proposed amendment. Electronic copies of the Plan are available for public review at the City’s website. The public hearing on June 16, 2020 will close the Public Comment Period, present the Plan (Exhibit A) to the Municipal Council and public in general, show proposed uses to the recommended projects for CDBG-CV funds (Exhibit B), and an opportunity for the Municipal Council to make final funding determinations for the CDBG-CV uses and approve the Substantial Amendment to the Plan

  3. An ordinance amending Provo City Code to adopt additional regulations for the Class "F" Beer License for restaurants with ancillary breweries. (20-098)

    • The Council approved restaurants with ancillary breweries (brewpubs) on February 18, 2020 on the condition that a license be adopted. On April 14, the Council approved a simple license for brewpubs (Class "F" Beer License). Since then, the Alcohol Licensing Committee has worked to draft additional regulations for brewpubs to promote safety without unduly burdening prospective brewpub owners. The proposed regulations received support from the Council in previous Work Meeting discussions.

  4. A resolution approving and adopting the Community Reinvestment Project Area Plan and Budget for the Riverwoods Community Reinvestment Project Area. (20-094)

    • Qualtrics seeks to expand their offices and employees here in Provo. They will be adding at least 150,000 square feet of office space and two parking structures. Qualtrics will make some of the parking available to other visitors to the Riverwoods Business park. They will also hire an additional 1,000 employees over the next ten years, with an average annual payroll of $80,000 per employee.

Policy Items Referred from the Planning Commission

  1. An ordinance amending Provo City Code relating to permitted uses and yard requirements of the M1 Light Manufacturing Zone. Citywide application. (PLOTA20200117)

    • This is the second hearing for this item. Previous hearings were held on May 5, 2020 and May 19, 2020. 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.

    • Updated Christensen Oil site plan.

    • Draft land use and site improvement agreement

  2. A discussion regarding updates to ordinances amending Provo City Code to establish a Critical Hillside Overlay (CH) Zone and applying the zone to multiple areas on the East Bench. Citywide application. (PLOTA20200077 and PLRZ20200078)

    • This item was continued from the Council Meeting on April 14, 2020, after which it was discussed in a Town Hall on May 7, 2020 and by the Planning Commission on May 13, 2020 and June 10, 2020. The greatest change since the Council last heard this item is that the overlay zone will be applied on a much smaller scale. The zone already exempts platted and developed properties, and so those properties have been removed from the area to which the zone would be applied. Following discussions after complications with the gravel pit, the Foothills Protection Committee and Planning staff prepared a proposed set of hillside requirements and development standards to help protect hillside areas of Provo City. Staff felt that an overlay zone approach was best for adding hillside requirements. The proposed requirements and standards would overlay the existing zoning of a property; in other words, this proposal would add additional zoning requirements for a given parcel in addition to the requirements of the underlying zone. Feedback from multiple City departments was considered in the drafting of this proposal. The proposal includes, among other things, requirements related to limits of disturbance or LOD (identification of the limited area of a lot that can be encroached upon by development activity), slope protection and stability, detention basin design, ridgelines, trails, streets and access, fences, vegetation protection, stream corridor and wetlands protection, design standards, and development clustering. Multiple graphical illustrations of requirements are included in the proposal for the sake of facilitating comprehension of the requirements. Further, this proposal has a companion zone map 2 amendment application. With the zone map amendment application, staff has proposed the inclusion of certain properties in the CH Zone. Included in the proposal is an amendment to Chapter 14.01, Provo City Code, to limit development east of the proposed CH Zone. The Planning Commission recommended approval with one condition and staff have requested a motion from the Council to direct the creation of a Northeast Area Plan, which includes the foothills. The Commission also noted some items to be addressed.

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, June 16, 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 2020 Census update and Mayor Kaufusi's Census Challenge Video. (20-028)

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 public hearing on transferring utility revenues to the General Fund and other funds. (20-008)

    • State law requires that Provo City provide an annual disclosure of funds transferred from the utility enterprise funds to the General Fund. Historically, Provo has budgeted for the transfer of 10% of utility fund revenues to the General Fund as a "dividend" to Provo taxpayers as the result of the taxpayers' investment in the City's utility infrastructure. These funds are used each year to help cover the costs of important City services like police, fire, parks and recreation, and other city functions. The utility transfer, together with franchise fees, helps keep property taxes in Provo low. If City utility services were provided by private utility owners, these dividends would instead be paid to investor-owners. Because Provo taxpayers are the investor-owners, these dividends are used to offset what otherwise would be a significant increase in property tax rates. The 10% transfer totals $11,490,397 in the proposed 2021 budget. Since 2013, a 1% transfer from utility fund revenues has been transferred to the General Fund to be used to enhance available funding for road maintenance. The 2021 budget proposes that $1,149,041 be transferred to the General Fund. The transfers from utility fund revenues to the General Fund total $12,639,438 in the proposed FY2021 budget.

  1. An ordinance adopting a budget for Provo City Corporation for the fiscal year beginning July 1, 2020 and ending June 30, 2021 in the amount of $292,939,096 and amending the Consolidated Fee Schedule. (20-008)

Stormwater Service District

  1. A public hearing on transferring Stormwater fund revenues to the General Fund and other funds. (20-010)

    • State law requires that Provo City provide an annual disclosure of Stormwater funds transferred from the utility enterprise funds to the General Fund. Historically, Provo has budgeted for the transfer of 10% of utility fund revenues to the General Fund as a "dividend" to Provo taxpayers as the result of the taxpayers' investment in the City's utility infrastructure. These funds are used each year to help cover the costs of important City services like police, fire, parks and recreation, and other city functions. The utility transfer, together with franchise fees, helps keep property taxes in Provo low. If City utility services were provided by private utility owners, these dividends would instead be paid to investor-owners. Because Provo taxpayers are the investor-owners, these dividends are used to offset what otherwise would be a significant increase in property tax rates.

  1. A resolution adopting a budget for the Provo City Stormwater Service District for the fiscal year beginning July 1, 2020 and ending June 30, 2021 in the amount of $6,704,839. (20-010)

Redevelopment Agency of Provo

  1. A resolution adopting a budget for the Redevelopment Agency of Provo City Corporation for the fiscal year beginning July 1, 2020 and ending June 30, 2021 in the amount of $1,171,617. (20-009)

  2. A resolution approving and adopting the Community Reinvestment Project Area Plan and Budget for the Riverwoods Community Reinvestment Project Area. (20-094)

    • This was item 7 on the work meeting agenda.

Action Agenda

  1. A resolution adopting the Community Reinvestment Project Area Plan for the Riverwoods Community Reinvestment Project Area. (20-095)

    • This was item 7 on the work meeting agenda.

  2. A resolution approving a substantial amendment to the Program Year 2019 Annual Action Plan to incorporate additional funds from the Coronavirus Aid Relief & Economic Security Act into the Community Development Block Grant Coronavirus funds. (20-093)

    • This was item 5 on the work meeting agenda.

  3. An ordinance amending Provo City Code to adopt additional regulations for the Class "F" Beer License for restaurants with ancillary breweries. (20-098)

    • This was item 6 on the work meeting agenda.

  4. 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 8 on the work meeting agenda.

  5. An ordinance amending Provo City Code to establish a Critical Hillside Overlay (CH) Zone. Citywide application. (PLOTA20200077)

    • This was item 9 on the work meeting agenda.

  6. Provo City Council requests a Zone Map Amendment to include multiple east bench properties in the Critical Hillside (CH) Overlay Zone. Citywide application. (PLRZ20200078)

    • This was item 9 on the work meeting agenda.

  7. An ordinance amending the zone map classification of approximately 18.5 acres of real property generally located at 901 W 1560 S from Residential Agricultural (RA) and Agricultural (A1.5) to One-Family Residential (R1.7). Lakewood Neighborhood. (PLRZ20200079)

    • The Community and Neighborhood Services Department on behalf of the Provo Municipal Council has requested to amend the Provo City Code to add the Very Low Density Residential (14.14F) zone. There is no proposed development requesting to utilize this zone. The proposed zone would have a minimal impact on a neighborhood due to the density limitation and could be a buffer between One Family Residential (14.10) and Low Density Residential (14.14A) zones. The proposed zone would require the residential units to follow the Residential Design Guidelines which would result in a higher quality of product within the neighborhood. Planning Commission recommended approval. This was first heard by the Council at their June 2 meeting and was continued to allow for more input. Input was taken on Open City Hall.

Adjournment


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.

Council meetings are broadcast live and available later on demand at https://www.youtube.com/user/ProvoCityCouncil

To send comments to the Council or weigh in on current issues, visit Open City Hall

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