Council Meetings - 18 May 2021

The one-week candidate filing period for Provo's mayoral and council races opens at the beginning of June. Who would you like to represent you and lead the city's administration? Encourage them to run or consider making the run yourself!

Budget, budget, budget, that's the theme this time of year. I am also looking forward to the report on how the utility billing issues were handled and the update on the Google Fiber agreement. I'm thinking that the cannabis proposal would be the most controversial, but I really haven't heard any feedback either way from the public.

PROVO MUNICIPAL COUNCIL
Work Meeting Agenda

1:30 pm, Tuesday, May 18, 2021

Business

1. A presentation regarding utility billing. (21-062)
   During the October 6, 2020 Work Meeting the Council received an update to the issues surrounding the implementation of the new billing system. The new system had caused some errors with utilities billing and the Administration was working on correcting those errors. This is a follow up to those discussions and an update on the utilities billing system. I know there was a lot of frustration among utility customers who faced billing errors and difficulties. I appreciate the Administration taking accountability to identify, resolve, learn from, and report back on the issues. Presentation only. Based on the feedback I received when I reached out on social media, this troubled chapter is mostly behind us. I appreciated how the Administration took accountability for the problems, investigated the root causes, and documented the lessons learned. No government body is perfect, or any other organization for that matter, but this approach helps Provo City provide good value and customer experiences for our residents.
2. A presentation regarding Google Fiber. (21-008)
   Provo City and Google Fiber entered into a purchase and operational agreement in 2014 under the John Curtis Administration. As a part of that agreement, free basic service was provided to all Provo residents for a period of seven years. That seven-year arrangement is beginning to terminate, and Google Fiber is transitioning to other service offerings. We last discussed Google Fiber in a public meeting in January. Though the looming end of the contract wasn't the main focus of January's item, it was talked about. This appears to be a follow-up discussion, and hopefully, we will have more details. As I said back in January, I feel that Google Fiber has been a good partner in our community, and I look forward to further collaboration in areas that will benefit the people of Provo. Presentation only. The new fee structure between the City and the Utility is sustainable. The cable-like TV service is phasing out for streaming services. Customers of the 7-year-free, 5/5 service are being encouraged to migrate to the $30/month, 50/50 service.
3. 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. It is great to talk of higher than budgeted revenues, and I love to see the hard work of our Parks and Recreation staff paying off in the value that Provo residents get out of these facilities. How great is it to be able to fund purchases like this from revenues over the budget? But we are very conservative with both our projected revenues and our budgeted expenses. In addition to knowing that this is being requested from "additional revenues," it will be helpful to understand how the Ice Arena revenues compare to the expenditures. I have other questions: which of the two machines would be replaced first (the one with higher mileage or the one without the rebuilt engine)? And would the new, electric Zamboni split the ice time evenly with the old one, or, because of indoor air quality concerns, would the older Zamboni just act as backup? Presentation only. This item will be scheduled for the Council Meeting on June 1, 2021. If I understood the presentation correctly, the Ice Sheet doesn't have an operational subsidy.
4. A discussion regarding Elected Officials Compensation. (21-026)
   At the April 20, 2021 Council Meeting, the Chair of the quadriennal Elected Officials Compensation Commission reported its recommendations on Mayoral and Council member compensation. Report. Based on a review of Mayoral and Council member compensation for Utah cities with greater than 85,000 population and recognizing the complexity of leading city like Provo, which includes a wide range of services, the Commission recommended that the Mayor's salary be raised to $130,000 per year, and that the Council member salary be raised to $21,000 per year. The Commission also looked at the expenses stipends paid to Council members and proposed an increase to each kind. The general expense paid to all council members increases to $125 per month, the communications expense rises to $150 per month, and the stipends paid to the Council Chair and Vice Chair increases to $125 and $85 respectively. If the Council adopts ordinances adopting these recommendations, the new compensation levels would affect pay and expenses beginning in January 2022. The Council may also reduce or refuse any changes. The proposed increases are reflected in the Mayor’s tentative proposed budget for FY 2022. I've actually received more public feedback (1) suggesting the compensation is still too low than people (0) arguing for lower compensation. It still feels weird to receive any compensation because all of my former civic roles, neighborhood chair, school community council, various committees, and task forces, have all been strictly unpaid volunteer work. But there is no question that this "part-time" role as city councilor has taken far more time and effort and has taken not just "personal" time but time away from my "day job." I am a big fan of the process we have in place for a thorough review by the Elected Officials Compensation Commission made up of respected individuals from our community. I will support their recommendations. Presentation only. This item was already scheduled for the Council Meeting on May 18, 2021. See my report for items 2 and 3 in the evening meeting.
5. A discussion on the tentative budget for the Provo City Stormwater Service District for the fiscal year beginning July 1, 2021 and ending June 30, 2022. (21-015)
   Each year, the Stormwater Special Service District submits a budget for the upcoming fiscal year. This year, the expected FY2022 budget for the Stormwater Service District is $5,729,347. This will be heard at the evening Council meeting. Because Stormwater is technically a separate "service district" (though its boundaries are the same as the city's), their budget is separate from the main budget. But that doesn't affect how it gets evaluated. Presentation only. This item was already scheduled for the Council Meeting on May 18, 2021. See my report for item 6 in the evening meeting.
6. A discussion on tentatively adopting a tentative budget for Redevelopment Agency of the Provo City Corporation for the fiscal year beginning July 1, 2021 and ending June 30, 2022. (21-015)
   Each year, the Redevelopment Agency submits a budget for the upcoming fiscal year. This year, the expected FY2022 budget for the Redevelopment Agency is $1,184,648. This will be heard at the evening Council meeting. Because the Redevelopment Agency is technically a separate entity, their budget is separate from the main budget. But that doesn't affect how it gets evaluated. Presentation only. This item was already scheduled for the Council Meeting on May 18, 2021. See my report for item 5 in the evening meeting.
7. A discussion on tentatively adopting the tentative budget for Provo City Corporation for the fiscal year beginning July 1, 2021 and ending June 30, 2022. (21-015)
   This is a step in the budget process as required by Section10-6-111(3) of the Uniform Fiscal Procedures Act for Utah Cities. Upon completion of this step, the Council will then have public hearings on June 1, 2021, and June 15, 2021, where they will formally adopt the budget, unless the Council opts for a Truth-in-Taxation meeting. In that case, the timeline would be extended into August. The expected amount for the Provo City Budget adoption is $331,746,989, with the General Fund expected to be $73,462,814. This will be heard at the evening Council meeting. This is such a massive undertaking, but I feel that we are making good progress. Presentation only. This item was already scheduled for the Council Meeting on May 18, 2021. See my report for item 4 in the evening meeting.



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, May 18, 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.

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State Law prohibits the Council from acting on items that do not appear on the agenda.



Action Agenda

1. A resolution appropriating $112,162 in the Ice Sheet Fund from Ice Sheet Fund Balance for Turf Replacement at Peaks Ice Arena. (21-058)
   The turf field at Peaks Ice Arena is the only public indoor turf field in Provo. Patrons are able to train year-round on the synthetic turf field. It is an ideal space for soccer, lacrosse, football, baseball, and other activities. The turf field at the Peaks Ice Arena generates close to $200,000 annually. The turf field is 200 ft. by 80 ft. Installed approximately 10 years ago, the turf is in need of replacement. The seams are separating causing potential safety hazards and the beads are hardening and losing their cushion. Given the industry standard for a field of this kind, we are well past the lifespan of the material. We would like to use fund balance to replace this indoor turf at the arena with a newer and safer surface. This turf diversification and annual revenue is key to the successful operation of the arena. We heard this item two weeks ago in the Work Meeting. I support the request. It is interesting to compare this funding method to the funding method for the new Zamboni that will be proposed in the Work Meeting earlier in the day. Approved 7:0. This money is coming out of a fund set up for this kind of maintenance and replacement.
2. An ordinance amending Provo City Code regarding Mayoral Compensation. (21-026)
   This was item 4 in the Work Meeting. See my preview for item 4 in the earlier Work Meeting. Approved 7:0. We have a robust process in place with the Elected Officials Compensation Commission, and I voted to implement their recommendations.
3. An ordinance amending Provo City Code regarding Municipal Council Members' Compensation. (21-026)
   This was item 4 in the Work Meeting. See my preview for item 4 in the earlier Work Meeting. Approved 7:0. We have a robust process in place with the Elected Officials Compensation Commission, and I voted to implement their recommendations.
4. A resolution tentatively adopting the tentative budget for Provo City Corporation for the fiscal year beginning July 1, 2021 and ending June 30, 2022. (21-015)
   This was item 7 in the Work Meeting. The tentative adoption just signals to the public that this is the budget that we are working from. We will have two more public hearings before we consider final adoption. A motion to amend the implied motion to refer to a new resolution with an adjusted budget total was approved 7:0, after which the implied motion to adopt the resolution was approved 7:0. We "tentatively adopted the tentative budget" after a few minor clerical corrections. The tentative budget has been described as signaling to the public that this is the budget draft that we will be working from as we go into the two public hearings in June before adopting the final budget.




Redevelopment Agency of Provo

5. A resolution tentatively adopting a tentative budget for Redevelopment Agency of the Provo City Corporation for the fiscal year beginning July 1, 2021 and ending June 30, 2022. (21-015)
   This was item 6 in the Work Meeting. The tentative adoption just signals to the public that this is the budget that we are working from. We will have two more public hearings before we consider final adoption. Approved 7:0. We "tentatively adopted the tentative budget" after a few minor clerical corrections. The tentative budget has been described as signaling to the public that this is the budget draft that we will be working from as we go into the two public hearings in June before adopting the final budget.




Stormwater Service District Governing Board

6. A resolution tentatively adopting a tentative budget for the Provo City Stormwater Service District for the fiscal year beginning July 1, 2021 and ending June 30, 2022. (21-015)
   This was item 5 in the Work Meeting. The tentative adoption just signals to the public that this is the budget that we are working from. We will have two more public hearings before we consider final adoption. A motion to amend the implied motion to refer to a new resolution with an adjusted budget total was approved 7:0, after which the implied motion to adopt the resolution was approved 7:0. We "tentatively adopted the tentative budget" after a few minor clerical corrections. The tentative budget has been described as signaling to the public that this is the budget draft that we will be working from as we go into the two public hearings in June before adopting the final budget.




Action Agenda

7. An ordinance amending Provo City Code Chapter 14.20B. Citywide Application. (PLOTA20210026)
   The applicant is requesting an ordinance text amendment to update the current Freeway Commercial Two (FC2) zone specifically to apply to two parcels located north and south of Lakeview Parkway which is currently zoned as A120 and vacant. The proposed amendment will apply to all FC2 zones. The Southwest Neighborhood Land Use Plan encourages this type of development at the location. Planning Commission recommended approval. My understanding is that Planning is now proposing a separate FC3 zone for this area, which leaves FC2 unmodified for the area that currently has that designation. A motion to amend the implied motion to refer to a new ordinance which enacted Chapter 14.20C, rather than amend Chapter 14.20B, was approved 7:0, after which the implied motion to adopt the ordinance was approved 7:0. I had a good meeting with Planning in between the last meeting when this was continued and this meeting. They proposed creating a new zone for the University Avenue interchange rather than modifying the current zone near the Center Street interchange. This alleviated my concerns.
8. An ordinance amending the Zone Map classification of approximately 75 acres of real property, generally located at 500 W. Lakeview Parkway, from Agricultural (A1.20) to Freeway Commercial Two (FC-2). Lakewood Neighborhood. (PLRZ20210025)
   The applicant is requesting a zone change from Agricultural A1.20 zone to the Freeway Commercial Two (FC2) zone. The proposed rezone is to provide commercial development opportunities north and south of Lakeview Parkway adjacent to the 1-15 off-ramp. The Southwest Neighborhood Land Use Plan encourages this type of development at the location. Customarily, rezone requests are associated with a specific development proposal and are concurrently processed with some project application. In this case, however, no pending development proposal is associated with the rezone request. Rather, this is a proactive measure to alert the development community of the specific types of development that the City does and, equally important, does not want to see on the subject site. Planning Commission recommended approval. This is tied to the previous item. A motion to amend the implied motion to refer to a new ordinance which changed the Zone Map Classification to FC-3, rather than FC-2, was approved 7:0, after which the implied motion to adopt the ordinance was approved 7:0. Once the new zoning was in place, we applied it to the proposed area.
9. An ordinance amending Provo City Code regarding conditional uses in the Freeway Commercial (FC1) Zone. Citywide Application. (PLOTA20210000262)
   Brittany Johnson is requesting an ordinance text amendment to the conditional use section of the FC1 zone to add a new conditional use of cannabis production (with certain restrictions). Planning Commission recommended approval with conditions. Some good conversations have been happening in the past two weeks, so it'll be interesting to see how this one goes. I know some individuals benefit from medical cannabis. But I also know enough to know how little I understand about all of the forces shaping this issue nationally and at the state level. I would be happy to allow other communities to lead out on this issue. The implied motion to adopt the ordinance failed 3:4, with David Harding, Bill Fillmore, Travis Hoban, and David Sewell opposed. This would have made Provo more attractive for the production and distribution of medical cannabis. We already have one of two distribution centers in the County. I didn't think it was wise to encourage Provo to be a medical cannabis hub.
10. ***CONTINUED*** Tim Metler requests a Zone Change from the RC zone to the Campus Mixed Use (CMU) zone, located from 46 W to 90 W 800 N, to allow for a 63-unit apartment complex. North Park Neighborhood. PLRZ20210112
    This item was not ready to be heard.




Adjournment