Monday, May 31, 2021

Council Meetings - 1 June 2021

Budget, budget, budget. It's that time of year when a good portion of the agendas and our attention are focused on the budget. I'm also looking forward to the discussions on mixed housing types and RDL fees. Here is a quick look at the proposed budget, in a more digestible form.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

12:00 pm, Tuesday, June 1, 2021


    Policy Items Referred from the Planning Commission

  1. An ordinance amending the Zone Map Classification of approximately .25 acres of real property, generally located at 790 West. 500 South, from Residential (R1.6) to Very Low Density Residential (VLDR) Zone. Franklin Neighborhood. (PLRZ20210128)
    Mark Boud is requesting a zone map amendment from the R1.6A zone to the VLDR zone for a two-lot subdivision of land in the Franklin Neighborhood. The current zone, R1.6A, is just short of allowing a lot split since each lot in that zone is required to have a minimum lot area of six-thousand square feet and the total lot area of the existing lot is just over eleven-thousand square feet. With the VLDR zone each lot would only need an area of five-thousand square feet. The concept Mr. Boud is proposing shows a new single-family home on each new lot, with one facing 500 South and the other facing 800 West. The proposed lot lines shown would meet lot standards for the VLDR zone and allow the existing garage on the property to remain. Planning Commission recommended approval. Development Services Staff and the Planning Commission continue to recommend a steady stream of rezoning requests in the Franklin Neighborhood that call for rezoning R1.6A to LDR or VLDR. I continue to be uncomfortable with these recommendations because I feel that these proposals are not aligned with the relatively new Franklin Neighborhood Plan. I actually voted against adopting the Franklin Neighborhood Plan because I didn't think it included enough areas of LDR. But the residents fought against any more LDR and the rest of the Council agreed with them. So I actually agree that this request is a good thing, but out of principle, I think we should follow the adopted plan. If the plan is wrong, then it should be updated. Presentation only. This item was already scheduled for the Council Meeting on June 1, 2021.

    Business

  2. A presentation regarding the Fire Master Plan. (21-069)
    Provo City Fire and Rescue have been working on a Fire Master Plan, the work is completed Chief Miguel and Bill Boyd, from Emergency Services Consulting International, will be presenting the 2021 Fire Department Master Plan. This is a 157-page report, but I have to say it is a more interesting read than many similar reports. I have not had time to read it fully, but I will before we actually vote on it at a future date. Presentation only.
  3. A presentation regarding Provo 360. (21-065)
    Since its launch in 2013, the City's project team has been working on Provo360, a software upgrade which would facilitate the integration of various City services and also help residents access those services more easily. The program is expected to enhance the customer experience, improve efficiency, increase transparency, empower stewardship, and promote innovation. The Provo360 project is intended to have a 10-year adoption plan. This item is to provide the Council with an update on Provo360 implementation. It's crazy to think that it has almost been ten years that we've been implementing the conversion. How much of our system even existed ten years before we started the conversion? Presentation only.
  4. A presentation regarding proposed changes to the FY 2022 budget initiated by the Council at the May 25, 2021 Work Meeting. (21-015)
    In regard to action taken by the Council in the May 25, 2021 Work Meeting, changes are proposed for adoption in the final version of the Budget for FY 2022. The Provo City Budget for FY 2022 will receive two public hearings: the first on June 1st and the second on June 15th. The proposed changes are: 1. One parking officer and one part-time support staff and add Parking revenue to match the expense. 2. Include $21,250 in the budget for the two CNS supplemental requests. I am hopeful that these changes will allow our parking and zoning compliance officers to get a better handle on violations occuring across our community. Presentation only.
  5. A presentation regarding changes to the FY 2022 Provo City Fee Schedule (21-015)
    As part of the FY 2022 budget the Council needs to adopt a Consolidated Fee Schedule. The Consolidated Fee Schedule is an exhibit for the ordinance adopting the FY 2022 Provo City Budget. The Fee Schedule includes all the rate increases for Provo Utilities as well as any other fees that will be increasing in the coming fiscal year. This presentation is for the purposes of discussing any proposed changes. The vast majority of fees and rates are staying the same. The most significant changes are in wastewater (~10%). There is another adjustment to culinary water as well (~5%). Presentation only.
  6. A presentation regarding a Local Government Disaster Fund. (21-066)
    There has been a discussion about creating a Local Government Disaster Fund as authorized in UCA 53-2a-605. Creation of a Local Government Disaster Fund would be used to fund the services and activities of the local government in response to a declared disaster within the boundaries of the local government, the aftermath of the disaster within the boundaries of the local government, and emergency preparedness (it cannot spend more than 10% of the money budgeted to be deposited during a fiscal year for emergency preparedness). The State's Disaster Recovery Fund will make loans to local governments on preferential rates depending on the amount reserved in the fund over the five previous fiscal years; the local government must reserve at least 50% of the amount authorized in UCA 53-2a-605 over the previous five fiscal years to qualify for a loan. That number is based on a percentage of the total estimated revenues of the local government for the current fiscal period that are not restricted or otherwise obligated. There are a few issues that might be discussed: 1. Creation of a Local Government Disaster Fund itself 2. How to fund it. 3. How much should the fund balance should be. If the Council decides to create the Disaster Fund the Finance Department would be asked to come back to the Council in a future meeting to discuss the funding options as well as what the maximum fund balance should be. I support the creation of a Disaster Recovery Fund. I think it is prudent for the State to require such a fund of local governments before State loans will be made. This encourages local governments to be self-reliant and not just expect the State or Federal Governments to fix things when there are problems. On the local side, I think it is prudent for the City to establish and maintain a Recovery fund in order to be prepared to respond to emergencies. Presentation only.
  7. A presentation regarding Property Taxes (21-064)
    As part of the FY 2022 budget discussions, a suggestion was made that additional police officers could be added if the city were to increase property tax revenues by increasing the certified tax rate by some amount. It was noted that property taxes have not been raised for several years and that the property tax portion of total general revenues is diminishing in significance. Staff will present an overview of state laws governing property tax increases (Truth in Taxation), an estimation of the amount of property in Provo City that is subject to property tax, and projected revenues a rate increase would generate. Should the Council wish to increase property tax revenues by increasing the certified tax rates, a motion to make the changes and to initiate a truth in taxation process will be needed. Because of Utah's "Truth in Taxation" laws, property tax rates generally fall unless city councils proactively adjust the tax rate. Provo has only done one such "adjustment" in the last couple of decades. Our certified property tax rate for that goes towards the General Fund has dropped 33% from 1998 to 2016. A motion to continue to collect information about proceeding with the Truth in Taxation process for an inflation compensation adjustment to property tax rates was approved 7:0.
  8. A discussion regarding the Residential Dwelling License Program. (21-063)
    Currently the cost for a Residential Dwelling License (RDL)is $20.00 (twenty dollars) and no more than $60.00 (sixty dollars), the difference is determined by how many properties a license holder has. There are 2,713 RDL’s in Provo that are projected to generate $150,000 for FY 2022. The cost associated with administering the program is estimated to be $100.00 (one hundred dollars) per license. We are asking the Council for direction in reevaluating how costs for the licenses are assigned to ensure that the program is operating at a cost recovery model and not taking funds from the General Fund. A Residential Dwelling License is basically a business license, and supports and helps regulate a commercial activity. I agree that the fees should cover the cost of the program, and I would support using these fees to increase the frequency that inspections take place. Too often, we hear complaints that rental properties fall below minimum health and safety standards. A motion to request staff assistance in drafting a proposal for adjusting the RDL fees to make the fee revenue-neutral was approved 7:0.
  9. A discussion regarding Budget Intent Statements for FY 2022. (21-015)
    The Council has had previous discussions concerning budget priorities, carryover funds, supplemental requests and the use of federal recovery funds. In creating a Budget Intent Statement, it gives the public and the administration an understanding how the Council thinks revenue should be spent and the priority given to programs within the City. In this item, staff will present and discuss the various parts of the proposed budget ordinance and seek direction on any changes requested or proposed by the Council. Any additional intentions should also be discussed at this time. The main thing that I learned from the Carry-over Committee is that we should be setting some goals and metrics when we appropriate new money and ask the reports on the impact that that money had. Presentation only.
  10. A presentation from the Foothills Protection Committee. (21-068)
    Currently, Community and Neighborhood Services is overseeing a General Plan update. Recently the Council approved an expenditure to expand the Scope of Work for the contractor on the General Plan to include a section on Sustainability. The Foothills Protection Committee is making a presentation regarding the possible expansion of the Scope of Work for the General Plan to include sections covering plans for the Foothills and Canyons, Gateways, and possibly Lakes and Rivers. We've been discussing this for a while, and I've liked where it has been headed. It feels like we've almost worked out the details. Presentation only.
  11. A presentation regarding the Intent Statement for the Southwest Area Plan. (21-067)
    This will be a discussion about the Southwest Area Plan and the policies developed by the Westside Planning Committee. As development keeps happening in the Southwest Area of Provo we need to look at the policies that govern this area these include the General Plan, Westside Development Policies and the Southwest Area Future Land Use Map, to ensure that development in this area proceeds in a manner that is consistent with adopted Council Policies. In 2017 the Council adopted the "Westside Development Policies," and later, a Future Land Use map was created, which visualized how these policies would be applied. Since then, there has been some disagreement about how "granular" the policy on housing-type mixture should be. This Intent Statement would clarify the Council's position on this issue and also touches on two related issues. Presentation only. This item was continued to the Work Meeting on June 15, 2021.

  12. 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 1, 2021



    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.

    Dial 346 248 7799. Enter Meeting ID 828 4735 9319 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 650034.

    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 $140,000 in the Ice Sheet Fund for Replacement of a Zamboni. (21-058)
    With the support of the local leaders, a lot of hard work, and our ability to operate in a safe manner throughout the COVID year, the Peaks Ice Arena was able to exceed revenue goals by a substantial amount. In 2010 and 2011, the Peaks Ice Arena acquired two Zamboni machines for the purpose of ice resurfacing. Industry standard, hours of usage, and potential health concerns, all suggest that it is time to replace one of the Zamboni machines. Parks and Recreation would like to appropriate $140,000 of these additional revenues towards this operationally critical equipment replacement. Both ice resurfacing machines were purchased within a year of each other. The hours for both machines suggest that they have had good usage and are at an appropriate age to sell back to the manufacturer. The 520 model has 5,406.7 hours and the 545 model has 6,549.3 hours of usage. Similar equipment used in the parks department is replaced roughly every 2,000 to 4,000 hours or every seven years.

    Both of the Peaks Zambonis have been in use for the past ten years and are over the amount of hours standard in replacement cycles. In the summer of 2019 we had a complete engine rebuild of the 520 machine. The Zambonis are kept up to date on their routine maintenance, nevertheless, parts do break and repairs are needed to keep them continually running. In a year we average over 2,700 ice resurfaces per Zamboni. As the machines age, the amount of upkeep, down time and cost increase. Currently, in their well maintained and functional state, we could also see a cost benefit of trading in a Zamboni.

    In recent years, there is a growing concern with running fossil-fueled equipment indoors. The emissions from the burning fuels indoors have been linked nationally to respiratory issues for some. In many north eastern states there are emissions rules and regulations requiring testing and appropriate emission checks in order to continue operations. With the increased cost of maintenance, the health benefits from moving to an electric machine and the financial ability to do so, there couldn’t be a better time to purchase a new Zamboni for the Peaks Ice Arena. In order for us to continue providing the expected arena operations at an “Olympic Level” in a safe and appropriate manner, we 2 are proposing replacement of one ice resurfacer for a newer electric model. Our end goal is to offset the purchase of a second Zamboni for another three to four years so both machines will not have to be replaced at the same time. Staggering the purchases and allowing us to run two reliable machines.
    We saw this two weeks ago in our Work Meeting. I support the request and feel it is the responsible thing to do on several fronts. Approved 7:0.
  2. An Ordinance Adopting a Budget for Provo City Corporation for the Fiscal Year Beginning July 1, 2021 and Ending June 30, 2022, in the amount of $303,469,053. (21-015)
    This is the first of two public hearings on the proposed budget. I highly recommend the FY'22 Provo Citizen's Budget Document which tries to present the budget in a more user-friendly way. Public hearing only. This item is scheduled for a second public hearing at the Council Meeting on June 15, 2021.


  3. Redevelopment Agency of Provo

  4. A Resolution Adopting a Budget for the Redevelopment Agency of Provo City Corporation for the Fiscal Year Beginning July 1, 2021 and Ending June 30, 2022, in the amount of $1,184,648. (21-015)
    This is the first of two public hearings on the proposed budget. The RDA version of the previous item. Public hearing only. This item is scheduled for a second public hearing at the Council Meeting on June 15, 2021.


  5. Stormwater Service District Governing Board

  6. A Resolution Adopting a Budget for the Provo City Stormwater Service District in the Amount of $5,068,938 for the Fiscal Year Beginning July 1, 2021 and Ending June 30, 2022. (21-015)
    This is the first of two public hearings on the proposed budget. The SSD version of the previous item. Public hearing only. This item is scheduled for a second public hearing at the Council Meeting on June 15, 2021.


  7. Action Agenda

  8. An ordinance amending the Zone Map Classification of approximately .25 acres of real property, generally located at 790 West. 500 South, from Residential (R1.6) to Very Low Density Residential (VLDR) Zone. Franklin Neighborhood. (PLRZ20210128)
    This was item 1 on the work meeting agenda. See my preview of item 1 in the work meeting. A motion to substitute the version of the ordinance to include a development agreement was approved, after which the ordinance was approved 6:1, with David Harding opposed.


  9. Adjournment

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