City Council - Regular Meeting

call it. Um, welcome to the Provo Municipal Council. It's our regular meeting, April 28th, 2026 at 5:31 p.m. Um, as far as our elected officials today, we have Mayor Marshia Judkins, Councelor Rachel Whipple, myself, Katrice McKay, we have Councelor Gary Garrett, Councelor Becky Bogdan is sitting down, and councelor Jeff Whitlock.

Travis will be on his way in. All right. Um, we will have an opening prayer by Angie Carter and then we'll have the pledge of allegiance by Counselor Whipple. Our dear heavenly father, we are so grateful to be able to come to this city council meeting and to work together as citizens to preserve and protect our our neighborhoods and our city. We pray that thy spirit will be here and help us to discuss reasonably and kindly with each other the issues in our minds and in our hearts. We pray for these things in the name of Jesus Christ. Amen.

Thanks, Angie. Please stand and join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

All right, we are going to have a number of presentations today. So, first a ceremony recognizing our own Chief Troy BBE as Utah's Chief of Police Association Chief of the Year. This will be presented by Mayor Marsha Judkins. So, members of the council, tonight we join the Utah Chiefs of Police Association in recognizing Chief Troy BBE, who was selected as a 2026 large department Chief of the Year. Um, and this award was formally presented to him last month at the Utah Chiefs of Police Associations conference in St. George, but we wanted to recognize Chief BBE here as well so that our residents and all of us could share in this welldeserved honor. Um, it has been one of my favorite things to be able to meet with Chief BBE every week and to get to know him and to see his commitment to the safety of our residents and to his force. and he was recognized for his outstanding leadership, his work to improve staffing levels, his support of the language incentive program, and his commitment to innovation and modernization. He has led important efforts to strengthen the statewide law enforcement radio system, work closely with agencies across Utah to help apprehend a dangerous fugitive, and continue to expand meaningful community partnerships. So, under Chief BB's leadership, the Provo Police Department has strengthened community policemen, policing, improved response times, and built lasting trust with residents. Because of that leadership, our city is stronger and safer. So, um, Chief BBE is known for his hands-on approach and his willingness to go above and beyond the call of duty. I have it on good authority that when public safety became a serious concern along the Provo River Trail due to large trees being felled by

beavers, parks and recreation had no options and the Division of Natural Resources does not handle beaver issues. It was then that Chief Edie revealed he just happens to hold a trapper's license and he quickly went to work resolving the issue. There are very few police chiefs who would consider waiters part of their operational attire or who would literally wade into a problem to protect residents. But Chief Bey is that kind of leader. He approaches every situation with the attitude that no task is too small and no t challenge too large when it comes to public safety. Chief Bey, on behalf of Provo City and this council, it is my honor to recognize you again for your outstanding service and congratulate you on being named large department chief of the year. And congratulations. All right, we are very blessed to have Chief Bey. All right, now a ceremony recognizing Provo City students accomplishments with Miss Sterling Sterling Scholarship Program. Also presented by the mayor, Marcia Judkins. So glad you could make it. Thank you.

So I would like to take a moment to recognize the outstanding her work and academic accomplishments of our 2026 Sterling Scholars. So a Sterling Scholar is a high school senior who is publicly recognized and awarded for the pursuit of excellence in scholarship, leadership, and citizenship in the state of Utah. In order to be selected as a recipient of this prestigious award, prospective students present an all-encompassing portfolio on their work in a specific category and are interviewed by judges in multiple rounds of evaluation. So tonight, I would like to take this opportunity to honor Rachel Rayu and Adelaide Winggate who are recognized as the runners up in family and consumer sciences and world languages respectively and Bella Filillmore who is recognized as the Sterling Scholar for the dance category. So Rachel right here is from Timfu High and she received the title of runner up for family and consumer sciences. Some of Rachel's many titles and accomplishments include Provo City School District student board member, student advisory council member, CTE Sterling Scholar semi-finalist, Utah FCCLA first vice president and Tinfu varsity lacrosse captain and starting midfielder. Rachel is an example of the incredible talent we have here in Provo City and we are so glad to be able to recognize her for her hard work tonight. So congratulations Rachel.

Okay, so um Adelaide Adelaide Windgate is also from Tint High and was a runnerup for world languages. Um, Windgate or Adelaide is orchestra president, a concerto winner, and a violinist of 10 years. She's also a member of the Provo ultimate frisbee team and boasts a 4.0 GPA. My favorite note is that she was referred to as a real life Lwoods. Pretty good. Congratulations, Adelaide, on this distinction. Hey, so Bella Filillmore is also from Chimpview High School and she received the Sterling Scholar for dance. I should say I'm taking dance lessons with one of my daughters right now. It is so hard.

Oh, look at I'll watch you and learn from you. With 15 years of training, she has fostered connection through dance. In addition to studying at ballet lip sync in France, she has used her did I say that right? Okay. She has used her talent to serve others. She is a member of the Timu dance company presidency. She has organized audition prep classes for middle school dancers, volunteered at dance centers, and organized a group piece to honor Ukraine. So congratulations, Bella, and thank you for all you do for our community. So Marca, Marca, do we have any other students that came in late or anything?

No, this is it. That's it. Okay. Thank you so much. Oh, this way.

Thank you. I have one more.

As indicated on the screen, a required public hearing will be held for certain agenda items prior to council action. After each such item has been presented, time to comment will be provided for all those who wish to speak. For items that do not require a public hearing, public comment will still be taken following presentation of the item, but will be limited to 10 minutes. At this time, up to 15 minutes have been set aside for an open public comment period, which is intended to allow comment on matters that do not appear on the agenda, but are limited to topics regarding municipal business or within municipal council purview. Persons who speak during this time to an item that is on the agenda will not normally be afforded a second opportunity to speak during the comment period specific to that item. During any public comment period, each speaker is generally be limited to 2 minutes. Due to noticing requirements, no formal action will be taken in this meeting on matters that do not appear on the agenda. Those with comments are invited to approach the podium. Those participating on Zoom will need to use the raise hand feature to indicate they wish to comment. The chair may choose to alternate between inerson and online commenters. Please begin your comments by stating your name and the city of residence. You will have two minutes to speak. Hello, my name is Angie Carter. I am the East Neighborhood District Chair and I am speaking to an item that was on your agenda in the work meeting today. Um, in your work session today, you heard proposals for a potential conservation easement of Slate Canyon. You may remember that a year ago, this week, the East Neighborhood District's quarterly meeting filled this room to overflowing when a developer proposed buying that area from the city and developing it into a resort. I speak today to remind you of the neighbors overwhelming view that Slate Canyon be preserved. Our neighbors came out in force last year because they value Slate Canyon for its wild natural beauty and its gateway to the Bonavville Shoreline Trail. The residents also want the park that has

been part of the privilege general plan for many years. We realize that much infrastructure needs to happen before the full park plans will materialize, but that area already has some amenities such as dirt bike trails and disc golf courses that residents use and love. I realize that the conservation easement is not on today's agenda. I speak today to ask the council to give that easement every consideration in preserving Slate Canyon for generations to come. Councelor McCay mentioned that her grandparents enjoy just sitting and watching the sunset at a beach from the comfort of a nearby restaurant. I experience a similar sense of awe and peace from seeing Slate Canyon from my home's windows and my backyard. That proximity to untamed wilderness settles my soul and I know that others experience similar renewal. and I ask you to please give every consideration to preserving Slate Canyon so others can experience that awe and joy for years to come. Thank you very much.

Thanks, Angie.

My name is Todden Andrew. I'm a Provo resident and the owner of Curvature, Utah's only exclusively plus-siz thrift store, also located in Provo. So, I'm here tonight to um to invite you formally to our expansion ribbon cutting ceremony. We are expanding our store. We're growing, which is what we want in Provos. We're excited about that. I'll reach out with more official invitations later. Um, in the process of expanding, we're actually just have just acquired the property next door to us. So, it's our existing location plus we're doubling in size. During the process of of getting this set up, a couple of issues came up that I think the city council could address that would be more beneficial for small businesses in Provo. So, I called to get the utilities established for us and was told that we needed to pay a $400 deposit that would be held for three years. Now, when I initially established the business, I paid that deposit understanding that it would was going to be held for three years. Point number one, three years is a really long time and it makes Provo an outlier. Most municipalities in Utah only hold that deposit for one year. and businesses if you've reached one the one-year mark you could really use that deposit money back because you're probably looking at growth at that point. So something to consider that is a code issue. So understand that would have to be addressed by city council. I'll be reaching out to other members of Probo City staff and to you with a policy brief to talk a little bit more about that. So the second issue then was I'm not a new account. I'm an existing business with a regular payment history, no delinquencies, and yet I was asked to provide that deposit again. Now, code does allow for some discretion in how those deposits are applied, and I'm delighted to say that Provo granted that waiver. However, it would be a lot easier for city staff and for small businesses who are just expanding their existing business if we didn't have to do that. If that was just a regular policy procedure, if you're an existing business, just get the waiver. So, couple of issues. Expect to email from me. You guys have a wonderful evening.

Thank you. Thank you,

Glenn John's, Springville resident. My twin granddaughters, Amelia and Sophia, are still missing from your city. Two weeks ago, I asked you for three things. First, I asked that you urged the police department to make this case a higher priority and give them the resources to do so. Second, I asked use asked you to use your personal and agency social media resources to spread the word about these missing children. The police department Facebook page has numerous posts about crime and even found items at the golf course, but no reports of my lost grandchildren. Me and Sophia, this makes no sense to me. Third, I ask that you support and assist our future efforts to change the state laws. Today, I read for you to you from the utah.gov bci uh web page regarding parental abduction. Each year, hundreds of children fall victim to family abductions. Many believe these children are perfectly safe because they're with family member. However, nothing can be further from the truth. It is common for child victims to have their names and appearances altered, to experience medical and physical neglect, unstable schooling, homelessness, and frequent relocation. These children are often told lies about the abduction and the left behind parent, even that the left behind parent is dead. Most of these children live as fugitives, taught not to trust anyone, told to keep secrets about their past, unable to establish relationships and friends, and always on the run from the law. As a result of this form of serious child abood abuse, many child victim of family abductions experience psychological consequences and emotional distress. Please help me help us find Mia and Sophia so that they can escape these

horrible consequences. Thank you,

Mayor Judkins and members of the council. My name is Steven Nordstrom. I'm a Provo resident and I am a longtime friend of my friend Josh here who's been missing his twins. I too am the father of twins, twin daughters just like him. Mine are not lost. They are students at BYU. We're part of this community. We love it here. Um and I've walked with my friend for the past nine months listening to every update about what is going on, but really what isn't going on. what isn't going on. I realize that statistically fathers, men are often the cause of family strife and problems that result in missing children. I would hope that in this amount of time, the good name of my friend has been established and understood. And mayor, I hope that in those weekly meetings with uh Chief BBE that you're getting briefed regularly about the missing children in our community. I don't know where she could be. It It breaks my heart to see that my friend suffers so much. He's tried as a a man of faith to do his best to be patient and wait for God to come and help. He needs the help of the law too. And this law is supposed to protect him and those children especially. So I make my plea humbly asking that this attention gets laser focused. We got missing children in our community. Thank you.

Thank you. Hello, my name is Naomi Flenders. I'm a Provo resident. Um 500 North is UD do jurisdiction, but I just wanted to like bring to your attention, I was talking to one of my friends whose um child got hit the crosswalk there going to North Park. And I was just wondering if there was anything you could do to bring that to UD do's attention of maybe turning that into a stop sign instead of the flashing crosswalk. Just because I think that if cars get in the habit of stopping every time, there won't be the confusion. It just feels like why not make it safer in such like a high crossing area, especially with kids around.

Thank you. All right. Next, we have an implied motion on a resolution consenting to the mayor's appointment of the energy services director for Provo City. And this will be presented by Mayor Marcia Judkins. And as she's walking up, I just want to remind the audience that with public comment, we are not allowed to comment or do anything on it at the time because it's not something that is um noticed in our agenda. But it is something that we always follow up on.

So, Chair McCay and Vice Chair Christensen, he's online, right? No, he's not online. Okay. Sorry. And members of the municipal council, I am recommending the appointment of Patriceio Ornandez as the energy services director and ask for your advice and consent. Uh he was chosen out of 24 applicants. It was a nationwide search and um I am fully conf have full confidence in him. The council has had a chance to interview director Hernandez and learn a little bit about him, but I did want to give a brief introduction. Director Hernandez brings with him significant expertise and passion from a long career in energy. A decade ago, he worked for Provo City as a power systems control operator monitoring Provo City's energy distribution system. After serving in that role, Patriceio left Provo City to further hone his skills working with Rocky Mountain Power and later Heber Lightning Power in increasingly high demand technical and managerial roles. In addition to extensive leadership ability, Director Hernandez brings his experience as a company engineer, project manner manager, and award-winning AAA safety committee chair. Um, so I would like to recommend him to you and for your advice and consent. All right. Thank you. All right. Any council discussion on this appointment? All right. We will call a vote on the implied motion. Councelor Garrett,

yes. Councelor McCay, yes. Councelor Christensen is excused. Councelor Whitlock, yes. Councelor Bogdan, yes. Councelor Hoben, yes. And councelor Whipple,

yes. So that passes 60. Congratulations. Very excited. You're trying my life and kids just I, Patricio Hernandez Quesada, do solemnly swear

I, Patricio Hernandez Casada, doly swear that I will support, obey, and defend that I will support, obey, and defend the Constitution of the United States the Constitution of the United States and the Constitution of the State of Utah and the Constitution of the State of Utah. and that I will discharge the duties of my office I will discharge the duties of my office with fidelity with fidelity

choice Thank you so much. That's right.

Thank you so much. All right. I'm also recommending I need to read in the next item. Sorry. No problem. Next, an implied motion on a resolution consenting to the mayor's appointment of the parks and recreation director of Provo City. And this will be presented again by Mayor Marsha Judkins.

Okay. So, I'm also recommending the appointment of Bradley Rainey as the recreation director. And once again, I'm asking for your advice and consent. We had 87 applicants in a nationwide search and um he came out at the top. Brad has a bachelor's degree in exercise science from BYU and a master's in athletic administration. His past experience includes roles as the parks and recreation director in Green River, Wyoming and Edmund, Oklahoma, where he is moving from to come to Provo. While in Oklahoma, he successfully oversaw several multi-million dollar projects to improve financial sustainability and efficiency while also improving quality of service for residents. Brad brings with him significant expertise in local government operations, budget and financial management, and community engagement. So, I would like once again to ask for your advice and consent.

All right. Any council discussion? All right. We will do a vote on the implied motion. Councelor McKay, yes. Councelor Christensen is excused. Councelor Whitlock, yes. Councelor Bogden, yes. Councelor Hoben, yes. Councelor Whipple, yes. Councelor Garrett, yes. That passes 60.

Just trying to I, Bradley E. Rainey, do solemnly swear I, Bradley E. Rainey, do solemnly swear that I will support, obey, and defend that I will support, obey, and defend the Constitution of the United States the Constitution of the United States and the Constitution of the State of Utah and the Constitution of the State of Utah and that I will discharge the duties of my office and that I will discharge the duties of my office. So with fidelity,

next we have an implied motion on a resolution approving $75,000 in the general fund for an economic development study for the fiscal year ending June 30th, 2026. This will be presented by Cody Hill, our division director of economic development.

Thank you, Chair Katrice, and thank you, council. So, I'm here to uh present a request for $75,000 appropriation for an economic development strategy study for citywide provo. This was identified back in January by city council as something that you wanted to focus on as and as a priority for council and for this city and the excuse me and the city administration staff and council's worked together over the past um few months to put together a request for proposals seeking interested firms to respond and and help us out with this um with the citywide study. And so this request is for $75,000 to fund that study. The RFP is closed. It closed on 418 and we we received 10 respondents and the selection committee is meeting on Thursday to um to make a decision.

Okay, great. Thanks, Cody. Any questions for Cody? Right. Thank you. We will open this item up for public comment. Okay, seeing no public comment, council discussion. All right, we will do a vote on the implied motion. Councelor Christensen is excused. Councelor Whitlock, yes. Councelor Bogden, yes. Councelor Hoben, yes. Councelor Whipple, yes. Councelor Garrett, yes.

Councelor McKay, yes. Um, that passes 60. Next implied motion on an ordinance of any power generation, evaporative cooling and environmental reporting requirements for data centers be presented by Hannah Salel, our planning and sustainability coordinator. Hello. These are some amendments to the code that was initially adopted last September for data centers as staff has field tested the code a little bit and talked with other departments and with our power provider Utah Municipal Power Agency UMPA. These were some agreed on recommendations to clean up the code uh protect our grid and improve air quality and uh water use. It there are three main points for the proposed amendment. First, it would remove power generation as a permitted use because UMPA caps uh or has a requirement that any data center over 50 megawatts needs to generate their own power on site. This would effectively cap data centers to 50 megawatts. It also removes almost all of the air quality emissions concerns except for things like backup generators and basic building operations. Uh it would also require non- evaporative cooling measures which does use more energy as they're moving the water around but does have a lower water footprint and they would not be able to discharge the water into municipal wastewater systems. So it protects us there as well. And finally, a minor internal removal of some environmental third-party analysis because removing these major environmental footprints, there's simply less to analyze. But it does preserve the council's high level of discretion in evaluating data center applications. I should note that the planning commission did hear this and recommended against the outright uh prohibition of power generation as a permanent use. They suggested performance-based metrics instead as a conditional use to still leave the door open, especially as we're seeing data

centers be major revenue generators. Any questions? Thanks, Hannah. Any questions for Hannah? All right. Thank you. We'll open this item up for public comment. Is there any public comment on this item? All right. We'll open it up for council discussion. Any discussion on this item? All right, we'll vote on the implied motion. Councelor Whitlock, yes. Councelor Bogden, no. Councelor Hoben, yes. Councelor Whipple, yes. Councelor Garrett, yes.

Councelor McCay, yes. That passes 51. All right. If there is no objection, we will now adjourn the Provisible Council by unanimous consent. So recording stopped.