Council Meetings - 19 June 2018

We passed the budget for FY'18-'19, see items 7, 8 and 10 in the evening Council Meeting. The total is almost $225M. I have a genuine questions for you. Do you feel like you are getting a good value for your tax dollar? Are you satisfied with the City services you receive compared with the taxes and fees you pay? Why or why not? If not, what would you like to see changed? Are there services that we should cut? Are there services we need to improve or add?

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:15 PM, Tuesday, June 5, 2018

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 on tax increment funding (18-057)
   Recently, there have been a number of post-performance sales tax items brought before Council. The frequency of these items has caused some Councilors to question the use of increment as a tool. Specifically, how frequently should projects be approved? What type of project warrants the use of increment funding? What limitations has the County and School District placed on usage? This is an opportunity for Councilors to express their views on the use of increment as a tool. Economic Development has been invited to answer questions. Discussion only. It was a good discussion. I was able to advocate for my view that tax increment incentives are a good tool to partner with private entities to do something for the public good that they wouldn't do without the incentive. I don't think that giving away incentives for routine events in the ordinary business cycle makes sense.
   
   Unfortunately, the current state of things is that most communities around us are routinely offering these incentives, which puts us at a distinct disadvantage if we don't play the game. I am hopeful that we can discuss with other communities the responsible use of these incentives, kind of like arms control agreements but in our TIF race.
2. A discussion on the Real Estate Purchase Agreement and Development Agreement for a medical school at the golf course (17-136)
   The Administrative Staff and the developers of the new medical school (being built on the a portion of the golf course property) have now exchanged draft agreements several times and are now ready to bring a substantially complete agreement to the Council for review, discussion and verification that the documents substantially conform to the direction and discussion that transpired in the January 2018 Municipal Council meeting. A motion for the Administration to negotiate the agreement then return to Council for presentation and discussion at consecutive Work and Council Meetings on the same day was approved 7:0. An early draft was circulated and there was some concern that it did not fully align with deal points presented when we last heard it in a Council Meeting. We discussed where we are at in the process and expect to see an actual proposed draft next month.
3. A discussion on police personnel levels (18-069)
   Provo is currently 15 police officers short of what was recommended in a 2012 report issued by the Police Executive Research Forum. While the FY 2019 Tentative Budget provides for four additional officers and a police analyst position, the Council is concerned that without taking additional measures, the City may continue to suffer an officer shortage. Chief Ferguson and Daniel Softley will present specific options for the Council to consider in effort to address these concerns. Several motions were made but were subsequently withdrawn, resulting in no action taken. A budget amendment is expected at a later date. Our police force is understaffed and it affects our officers and the service they can provide. The Cheif first proposed 8 new officers, but only 4 made it into the proposed budget. Now the Administration and the Cheif are proposing that instead of the new officers we put that money toward increasing the compensation for the officers we already have. We have lost a number of experienced officers to recruitment to other cities. The need for more officers is still dire, but the need to stem the loss of our experienced officers is more urgent.
   
   Rather than make substantial changes in the final hours before passing the budget, we decided to pass the old plan and look for an amendment next month.
4. A discussion on funding options for Miss Provo and parade float (18-055)
   Council and the Mayor’s office have been working out details for funding of the Miss Provo pageant and the Provo City parade float. In previous work meetings, the decision was made to have the float managed by Parks and Recreation and the necessary funding allocated in the proposed budget. Various options have been explored regarding the Miss Provo pageant and Council will be getting an update so any needed budget adjustments can be made. A substitute motion for the Council to sponsor the Miss Provo scholarship for the coming [fiscal] year [2019] in the amount of $5250.00 with that being the extent of the Council’s support of the program was approved 7:0. It's not everything that I wanted, but is a solid step in the right direction.
5. A discussion on Bulldog Blvd. construction (18-068)
   Council members requested an update on the project in light of receiving email from quite a few residents. The intent of the project is to prepare for increased traffic while providing a safer travel experience for all modes of transportation. Bulldog Blvd. has a crash rate 7.5 times higher than the statewide average for similar roadways. Council members had a presentation on the details of the project at their last work meeting. Council had also asked for a public survey to get more public input on the project. A motion was proposed for discussion purposes that would formally recommend to the Administration that the Bulldog Boulevard project be amended to exclude from its scope the reduction from three lanes to two lanes and the addition of bicycle lanes. The motion failed 0:7, with all Council members opposed. It was a constructive discussion. We need to do a better job getting input from the public and the Council early enough in the process to use that input. The Bulldog project itself will be a great enhancement to the City.
6. A discussion on the approval of a Governing Body Participation Agreement with C-PACE (16-092)
   At the March 27, 2018, Work Meeting the Council discussed the updates to the Commercial Property Assessed Clean Energy (C-PACE) program that is run by the State. The motion was that the Administration negotiate an agreement to remove solar restrictions in the previous agreement and return to Council. The revised agreement has been executed and the statute governing C-PACE may only operate at the written request of the Municipal Council, so this is a request for Council to approve the Governing Body Participation Agreement. Presentation only. This item was already scheduled for the June 19, 2018 Council Meeting. See item #4 in the evening meeting below.
7. A discussion on proposed Provo City Code amendments to the Government Records Access and Management Act (GRAMA) (18-072)
   Provo’s ordinance regarding information requests is being updated to provide continuity and consistency with state law. The language makes sure Provo is in compliance even when changes are made at the state level. Presentation only. This item was intended to return to the July 10, 2018 Council Meeting. Simple code cleanup.
8. A discussion on Provo City Code amendments to the Deputy Recorder position (18-071)
   The City Recorder is allowed to appoint deputies to assist in their duties. Some changes are being requested in the guidelines for the Deputy Recorder. Presentation only. This item was intended to return to the July 10, 2018 Council Meeting. This will add flexibilty to this office.



Policy Items Referred from the Planning Commission



9. A discussion on a proposed resolution to adopt the amendments to the General Plan text for the General Plan update (PLGPA20180142)
   Since December, Council members have been providing input on various updated drafts of the General Plan. Input from staff and the public was also considered when preparing the update. It has been reviewed by the Planning Commission and is now ready for Council’s consideration. This item was already scheduled for the June 19, 2018 Council Meeting. A revised substitute motion to continue the evening meeting discussion to an unspecified future date to be determined by Leadership and to continue the Work Session discussion to July 17th, when Council Executive Director Cliff Strachan would be present and members of the Planning Commission could be invited to attend was approved 7:0. For several years the City has had two adopted guiding documents, the State mandated General Plan and Vision 2030. A new draft General Plan has been created which combines and aligns both documents so there is less confusion about which is the controlling document. There are some small updates to policies, but the vast majority of the update is formatting and alignment.




Closed Meeting



10. The Municipal Council or the Governing Board of the Redevelopment Agency will consider a motion to close the meeting for the purposes of holding a strategy session to discuss pending or reasonably imminent litigation, and/or to discuss the purchase, sale, exchange, or lease of real property, and/or the character, professional competence, or physical or mental health of an individual in conformance with § 52-4-204 and 52-4-205 et. seq., Utah Code.
    Closed meetings (aka executive meetings) are held without the public present and must meet one of the conditions listed above. A closed meeting was held.

---

PROVO MUNICIPAL COUNCIL
Regular Meeting Agenda

5:30 PM, Tuesday, June 19, 2018

Opening Ceremony

Items in this category do not involve legislative action.
• Approval of Minutes

Presentations, Proclamations, and Awards

Items in this category do not involve legislative action.
1. A presentation of the Employee of the Month for June 2018
   Presentation only.
2. Presentation by America’s Freedom Festival
   Presentation only.



Public Comment

• This public comment period is intended to allow comment on matters that do not appear on the agenda. Each speaker will generally be limited to two minutes. Fifteen minutes has been set aside for this comment period.
• For items on the agenda requiring a public hearing, time to comment will be provided, after the item is presented, for all those who wish to speak.
• For items not requiring a public hearing, public comment will still be taken following presentation of the item, but will be limited to a ten minute total comment period.




Action Agenda



3. A resolution authorizing the Mayor of Provo City to negotiate and execute a Post-Performance Sales Tax Increment Reimbursement agreement with The Shops at the Riverwoods. (18-066)
   This is a request for a post-performance incentive agreement for The Shops at the Riverwoods to offset certain costs associated with a $10,000,000+ investment to encourage additional improvements to the shopping center. Approved 5:2, with Kay Van Buren and David Harding opposed. I stated in the meeting that if I was the swing vote then I would likely vote in favor, but since there was already enough support for it to pass I was voting no as a symbolic vote. I want to don't want to signal to business owners and developers that the Council is excited to give away tax increment incentives for routine events in the business cycle.
4. A resolution approving the Governing Body Participation Agreement related to the Commercial Property Assessed Clean Energy (C-PACE) Program with the Governor's Office of Energy Development. (16-092)
   At the March 27, 2018, Work Meeting the Council discussed the updates to the Commercial Property Assessed Clean Energy (C-PACE) program that is run by the State. The motion was that the Administration negotiate an agreement to remove solar restrictions in the previous agreement and return to Council. The revised agreement has been executed and the statute governing C-PACE may only operate at the written request of the Municipal Council, so this is a request for Council to approve the Governing Body Participation Agreement. Approved 7:0. Investments in energy efficiency and sustainability at the time of construction saves a lot of money in the long-run, but are expensive upfront. These investments are also good for the public. This program helps businesses access money upfront that will be paid back with the ongoing savings. I hope that many commercial entities take advantage of this program. We will all breathe a little easier.
5. A resolution to adopt the amendments to the General Plan text for the General Plan update. (PLGPA20180142)
   Since December, Council members have been providing input on various updated drafts of the General Plan. Input from staff and the public was also considered when preparing the update. It has been reviewed by the Planning Commission and is now ready for Council’s consideration. Continued indefinitely. We will likely revisit this on the 17th of July. See item 9 in the earlier meeting.
6. A public hearing on transferring utility revenues to the General Fund and other funds. (18-005)
   This is a hearing required annually by the State of Utah. Public hearing only. The purpose of this State requirement is to ensure the transparency of these transfers. So here is a link to the disclosure. Our utility rates have been going up, but are still quite competative, collectively less than the average in surrounding communities. These transfers to the General Fund allow us to keep our properties taxes much lower than they otherwise would need to be to provide the services that we do.
7. A public hearing on an ordinance adopting a budget for Provo City Corporation for the fiscal year beginning July 1, 2018 and ending June 30, 2019, in the amount of $211,626,977, and amending the Consolidated Fee Schedule and Provo City Code related to Employee Salary Ranges and Classifications. (18-005)
   This is the final public hearing on the proposed budget. More information on this process is available at https://www.provo.org/government/city-council/budget. Annual changes to fees and employee salaries are also being adopted. Approved as amended 7:0. The final adopted budget was in the amount of $212,100,024. Are you satisfied with the value of City services you receive for the taxes and fees that you pay?



Redevelopment Agency of Provo



8. A public hearing on a resolution adopting a budget for the Redevelopment Agency of Provo City Corporation for the fiscal year beginning July 1, 2018 and ending June 30, 2019, in the amount of $7,377,462 . (18-062)
   This is the final public hearing on the proposed budget. More information on this process is available at https://www.provo.org/government/city-council/budget. Approved as amended 7:0. The final adopted budget was in the amount of $7,382,203.




Storm Water Special Service District



9. A public hearing on transferring Stormwater fund revenues to the General Fund and other funds (18-063)
   This is a hearing required annually by the State of Utah. Public hearing only.
10. A public hearing on a resolution adopting a budget for the Provo City Stormwater Service District in the amount of $4,713,241 for the fiscal year beginning July 1, 2018 and ending June 30, 2019. (18-063)
    This is the final public hearing on the proposed budget. More information on this process is available at https://www.provo.org/government/city-council/budget. Approved as amended 7:0. The final adopted budget was in the amount of $4,763,091.



Adjournment