Council Meetings - 9 April 2019

There are no sensational or widely controversial items on tomorrow's agendas, just the typical, boring, incremental items that collectively, over the months and years, have a major impact on the community in which we live. Agenda items touch on commercial signs, tax increment diversion, the development approval process, conservation easements, and how we budget over $120,000,000 next year. Yet nothing will be very exciting, just the methodical plodding.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:30 PM, Tuesday, April 9, 2019

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 the proposed Conservation Easement for the Rock Canyon trailhead (17-085)
   Provo City has partnered with the Rock Canyon Preservation Alliance (RCPA) for several years to protect and preserve sensitive lands at the mouth of Rock Canyon. The RCPA has raised funds from local residents and contributed a 50/50 match to the City purchase of 18.75 acres from the Lichtey family. This conservation easement memorializes an ongoing commitment to preserve and manage the site in an environmentally sustainable fashion. I'm happy to support this next step and look forward to great things at the Rock Canyon Trailhead. Presentation only. This is a great partnership and I look forward to authorizing the easement.
2. A presentation from the Parks and Recreation Department and the Redevelopment Agency regarding creation of a redevelopment area near the East Bay Golf Course. (19-041)
   This topic was discussed at the Municipal Council's Joint Meeting with the Provo City School Board. The discussion centers around the tax increment that will be derived from the housing associated with the Noorda Rocky Mountain School of Medicine. The Parks and Recreation Department suggested the expansion of the Redevelopment Area to take tax increment to pay for a new golf facility they plan to build near the driving range. The topic will be introduced by the Parks and Recreation, with further discussion and information to be presented by Redevelopment. I have loads of questions on this item. Recent conversations make me think that the concept of "housing associated with the" medical school has evolved since the council last heard items about the school. Did we already make the commitment to direct the tax increment from the housing back to the school? Is it permissible to use tax increment to fund recreational infrastructure? Is it prudent to do so? I really like the presented enhancements at the golf course, I need some more convincing that we should redirect school tax dollars to fund it, rather than funding it through other avenues. A motion to place this item on the agenda on the Council Meeting on April 23, 2019 was approved 7:0. I love the proposed enhancements to the golf course. It'll make the course attractive to a broader swath of our residents. I still have serious concerns about the funding method. I understand and appreciate the creative approach to use money generated by the accommodations made by the golf course to be directed back into improvements in the golf course. But I think that the project is (and should be) sufficiently persuasive in its own right to be allocated the money through the standard methods. I'm even less comfortable asking the school district to redirect the new dollars generated back into a recreation amenity for the community.
3. A discussion on the street right-of-way typical cross-sections and their use in the Transportation Master Plan update (19-040)
   Public Works has contracted with Parametrix to update the Transportation Master Plan, which was last updated in 2013. This purpose of this presentation is to present the street right-of-way typical cross sections currently being used in that update and receive any feedback from the City Council. This information has been presented to the Transportation and Mobility Advisory Committee (TMAC) and the Planning Commission and their feedback has been incorporated. Once the cross sections are set, Parametrix can move forward with the draft master plan for eventual Council adoption. The actual street cross sections were not included in our document packet. I'm very curious to see what is being proposed. Street design heavily impacts our community. A motion to bring the street cross sections to a future Council Meeting after going to the Planning Commission was approved 7:0. It was very helpful to hear from a member of both the Planning Commission and TMAC regarding their evaluation of the proposal. The standard right-of-way will now be larger to include the park strip and the sidewalk. The actual asphalt widths are getting smaller.
4. A continued discussion regarding proposed organizational changes. (19-036)
   Following an extensive review of the effectiveness of the city organizational structure and processes, the Mayor wants to make several changes to streamline and improve development review processes and better align the city to improve the development experience. Three areas are proposed: 1) create a new Department of Development Services, 2) create a "one-stop shop" for development review processes, and 3) revamp the Coordinators' Review Council (CRC). At the last meeting, we ran out of time for this item. We completed the administration's presentation, but did not have any time for council discussion. This is a follow-up and will allow for that discussion. Discussion only. It was a light discussion. I floated my suggestion to name the departments, the "Development Department" and the "Community Department", but I don't think I swayed anyone. I think the administration is still thinking that I'm suggestion "Community Services Department" to go along with the "Development Services Department".
5. A discussion regarding the formation of the Sign Committee (19-002)
   The Council has interest in looking at the impact of signs in Provo City, the electronic sign ordinance, and whether there should be some changes. This discussion will allow Council to establish the intended goals and mission statement of this committee and what they would like to see accomplished through this effort. Signs have been a hot topic in some parts of Provo recently. I'm glad that some councilors are interested in rolling up their sleeves to dive into the topic to see if we can make some improvements. A motion to organize the Sign Committee as an ad hoc committee, with the mission statement: "Review sign ordinances and how they are applied and enforced in various areas of the city. Review design corridors and evaluate how the current sign ordinance aligns with the interests of these areas and evaluate the compatibility with other zones in surrounding areas. Study how the sign ordinance aligns with the General Plan. Recommend improvements as a result of lessons learned and input from committee members, Community Development, and stake holders including neighborhoods and business representatives. Bring legislative recommendations to the Council for consideration," and with Gary Winterton as Chair, David Sewell as vice-chair, and Kay Van Buren as a member of the committee was approved 7:0.
   
   A motion, “To further the goals of transparency and accountability to the citizens who elected us to serve them, I move that we ask Council attorney Brian Jones to prepare a draft statement for the benefit of the public who are concerned about the Blue Rock Medical sign. The statement would include a timeline and relevant facts pertaining to the decision to settle the lawsuit against the city by Blue Rock Medical. We ask that Mr. Jones consult with each Councilor, with Council staff, and with the Administration to prepare a draft statement that the Council could review by April 23rd – with the goal that, if approved unanimously, the statement would be released to the public shortly thereafter” was approved 7:0. We kicked off a new committee to review our signage policies.
   
   In an unexpected moment, Councilor Sewell requested, with council support, that our council attorney draft up a timeline to better communicate with the public about how the whole Blue Rock Medical sign fiasco has played out.



Budget Committee

6. A discussion regarding the Provo City Five-Year Capital Improvement Plan for FY 2019-2020 (part 2 of 2). (19-035)
   The document and the presentation will lay out the Capital Improvement Projects (CIP) for each department. Information for each item includes a description of the project, funding status (funded, partially funded, unfunded), funding sources, cost elements, the projected budget through FY 2023-2024, which city goals are furthered, and an estimate of the general impact on operating budgets Part two will focus on non-Public Works projects. Presentation only. We were way behind at this point, and the presenter made up a half hour by quickly rolling through the document. I had previously reviewed it, and only had one question which was answered.
7. A presentation on the Energy Department and potential budget requests (19-004)
   The Energy Department will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. The budget pre-season is nearing the end. In this meeting, we will get a preview from the Energy Department, Library Department, and the Mayor's Office. Presentation only. The past 12 months have been a little rough for our electrical service, but by all metrics, we are doing far better than the local "investor-owned utility".
8. A presentation on the Library Department and potential budget requests (19-004)
   The Library will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the department. The budget pre-season is nearing the end. In this meeting, we will get a preview from the Energy Department, Library Department, and the Mayor's Office. Presentation only. It was great to see our Library Director again. He had been sidelined for a while with health issues. It was good to see the vision of the library going forward, and the fun things that they have been up to.
9. A presentation on the Mayor's Office and potential budget requests (19-004)
   The Mayor’s Office will (1) report on how its operations contribute to City goals and objectives, and (2) identify potential budget needs for the office. The budget pre-season is nearing the end. In this meeting, we will get a preview from the Energy Department, Library Department, and the Mayor's Office. Presentation only. The office is fairly small, and will shrink with the proposed department realignment.



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, April 9, 2019

Opening Ceremony

Items in this category do not involve legislative action.



Presentations, Proclamations, and Awards

1. A presentation on funding for the Provo City Airport expansion. (19-028)
   At the most recent Utah State Legislative session, due to the anticipated growth in population there was some movement amongst some of the Utah County Legislators to get approval for funding to help facilitate the expansion of the Provo City Airport. The City was awarded a matching grant to pay for the construction of the apron that would run in front of the new terminal. However, the funding for the terminal building was still in question, this is why the City needed help from Utah State and County legislators. On March 12, 2019, the Utah County Commission committed $4.3 million to the terminal expansion project and on March 14, 2019, the Utah State Legislature appropriated $9 million as part of their upcoming budget. There was a whirlwind of activity to get the funding in place for a new terminal at the airport. This item will give us the opportunity to discuss this project with the administration so we can better understand the financial implications and the timeline of the project. Presentation only. This was an opportunity to explain to the public about how all the funding pieces of this project fit together.



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.




Redevelopment Agency Of Provo

2. A resolution authorizing the Chief Executive Officer of the Provo City Redevelopment Agency to modify certain contracts with NeighborWorks Provo. (18-076)
   There are a number of policy issues that need to be discussed relative to the recent proposal that Neighborhood Housing Services of Provo (NHS) made to the Council at the November 13, 2018 Work Meeting. RDA is seeking guidance from the Council about whether to forgive the write off amounts on all of the loans, the write-off amounts on some of the loans, and/or whether to establish a covenant between NeighborWorks and Provo City that would ensure the houses in question stay affordable. This item has dragged on for quite some time. I'm looking forward to getting it resolved. Continued. Each time I get excited to get it resolved, something comes up to push it back. I'm crossing my fingers for the 23rd.



Action Agenda

3. An ordinance granting New Cingular Wireless PCS, LLC a non-exclusive franchise to operate a telecommunications network in Provo City, Utah. (19-009)
   Provo City and New Cingular Wireless PCS have come to terms on a Franchise Agreement. Pursuant to Provo City Code, “[n]o franchise contract shall take effect until it has been approved by the Municipal Council.” 5.03.020 (5). The parties are seeking the Council’s approval for the Agreement that they have reached.
   
   In addition to some minor changes, there are 2 notable changes in the Franchise Agreement from the template. The provisions relating to the City’s ability to conduct an audit are removed on the grounds that the Utah State Tax Commission already collects the Municipal Telecommunications License Tax on behalf of Provo and conducts periodic audits. Thus, additional audits by Provo were considered duplicative. The second notable change relates to the franchise fee. Under the template, the fee is collected in an amount equal to the Municipal Telecommunications License Tax. The Franchise Fee paid is then offset against the tax that would otherwise be due. In this agreement the issue is simplified and New Cingular Wireless would simply pay the tax. The amount of revenues that Provo receives would not be affected by this change. I appreciate that changes from the default template and hope that these changes can become part of the template going forward. Approved 7:0. This is the start of the "5G" "small cell" rollout. I mentioned that I liked the changes that were made, and suggested that Legal consider making them part of the template. I got the feeling that they weren't very interested in the idea.
4. A resolution approving the execution of a Master Tax-Exempt Lease Purchase Agreement for the purchase of Fire apparatus. (19-043)
   On a regular basis, Provo City uses lease-purchase financing for the acquisition of new fire vehicles. This resolution is a continuation of this policy that will allow us to continue to maintain the Fire Department's fleet. The council is requested to approve the lease financing for two new fire apparatus and related equipment for $2,490,000. I'm curious why it makes sense to lease the equipment rather than purchasing. Approved 7:0. I've already forgotten exactly how this all works out, but we are basically purchasing the apparatus, but it is called a lease, and mostly it is for bookkeeping purposes to spread the cost of the apparatus across its expected useful life.
5. A resolution authorizing the Mayor to create an interlocal agreement with Utah County for vote-by-mail election for municipal primary and general elections to be held on Tuesday, August 13, 2019 and Tuesday, November 5, 2019. (19-044)
   Provo City and Utah County will be working together to administer a vote-by-mail election for the 2019 City Municipal Election. The interlocal agreement specifies the responsibilities for each entity. In summary, Utah County will be responsible for printing and mailing ballots, providing manpower and equipment to process and count ballots, providing election returns, and postal permits for both outbound and return mail. Provo City will be responsible for administering candidate filings, candidate campaign finance reports, submitting all required notices, and proof of all election programming done for the 2019 City Municipal Election. As of March 1, 2019, there are 40,857 active voters in Provo City. The total cost of the election will not exceed $1.80 per active voter, per election. The total estimated cost would not exceed $147,085.20. I'm disappointed that we will not be using Ranked Choice Voting this fall. I bring it up because half of the $147k could have been saved by not having the primary.
   
   I am expecting a significantly improved voting experience this cycle as compared to the past two that the county conducted for us. Approved 7:0. It's official, the county will be administering our next election. I'm hopeful that it will go far smoother than the last two cycles.



Adjournment