Sunday, September 19, 2021

Citizens Agenda for Meetings on September 21, 2021

Citizens Agenda

Council meeting agendas are often difficult for people to navigate. Filled with jargon and legal requirements on how an item must be listed, it can be a challenge to determine what Council members are actually discussing or deciding on. 

What follows is a staff interpretation of the agendas. 

The official published agendas and supporting materials can be found here: 

This meeting will be conducted as a hybrid meeting, with some in-person components as well as continued virtual meeting access. The meeting will be available to the public for live broadcast and on-demand viewing on YouTube and Facebook at: and The in-person meeting will be held in the Council Chambers. For information on how to view the meetings and how to contribute public comments without attending in person, click here.


Work Meeting Agenda

1:00 pm, Tuesday, September 21, 2021

Work Meetings are designed to be a less formal venue for discussion among Council Members. Generally, no public input is taken during the meeting.


  1. Fiscal Year 2021 Carryover Report to Council. (21-100)

    • At the close of each fiscal year, the Finance Division compiles a carryover list detailing budget amounts from the old year that should be "carried over" into the new year. The carryover list includes the following: 1) Budget to cover encumbered invoices that were not paid by June 30th. 2) Old year balances for CIP funds, grants, vehicle replacement accounts, the Parks Capital Equipment account, and the Facilities Capital Equipment account. 3) Surplus budget for specific purchases or projects. The final carryover list is approved by the Mayor and then presented to the Council in a work meeting each fall. 

  2. A resolution appropriating $8,772.09 from General Fund sales tax revenues to the Economic Development Division in the General Fund for a contractual Sales Tax Increment post performance payment to Day's Market. (21-038)

    • In early 2018, the Economic Development Office worked with Day's Market to craft a post performance sales tax increment agreement with Day's Market, located on North Canyon Road. The owners of Day's Market were planning an extensive remodel of their aging store and requested that Provo City assist in reducing the construction costs by entering into a sales tax reimbursement agreement on a post performance basis. Days Market would spend approximately $1.3 million dollars on the interior remodel of the store. Similar to other sales tax agreements, Day's would be able to earn back some of their costs if they produced sales above an established baseline -- which in this case was set at $39,800. Based on sales tax information and a calculation, they qualify for sales tax reimbursement of $8,772.09 for fiscal year 2021. This is a ten-year agreement. 

  3. A discussion on towing fees (21-105)

    • In 2013, the City adopted City Municipal Code 9.31.110 which included a limitation on the maximum fees and charges a towing company operator may charge for: (i) booting or otherwise immobilizing a vehicle, and (ii) towing a vehicle. The fee limits in question only apply to patrol type tows at residential properties. Provo does not impose a fee cap for any consent tows or for non-consent tows (1) at non-residential properties or (2) at residential properties where the property manager or designee calls for the tow. In 2013, in an attempt to prevent predatory towing, Mayor Curtis proposed, and the Council approved, rules requiring patrol tows of residential properties to be done under a contract that meets certain requirements. One of those requirements is a cap on the fees. A local towing operator is requesting a change in the rates to help address cost increases (vehicle, employment, insurance, equipment, etc.). Options include: 1) reject the request for a change; 2) remove the cap; or 3) change the cap to: (i) a new fixed dollar amount, or (ii) a percentage of the state maximums.

  4. A presentation on updates regarding City Council communications. (21-103)

    • The Council's Community Relations Coordinator manages communications for the Council office and coordinates the City's Neighborhood Program. This update will show the Council and the public what efforts are being made to get information out to the public and to invite engagement.

  5. A presentation from the Housing Committee regarding an ordinance change for ADUs to comply with Utah State Law. (21-102)

    • In the 2021 Utah General Legislative Session, lawmakers passed a bill regarding accessory dwelling units (ADUs) and conditions of their permitted use in cities throughout the state. All cities in Utah must adjust their city ordinances accordingly to align with the new state law.

  6. A presentation from the Kem C. Gardner Institute: "Affordable Housing and Housing Affordability" (21-094)

    • The State of Utah's population reportedly grew 18% in the last decade. Along with that growth has been a growing housing crisis, both in affordable housing and housing affordability. Factors contributing to this housing crisis include local and state housing policies, a global pandemic, and disrupted supply chains among several other things. Market conditions assuredly affect the state's housing stock greatly, but so do local, state, and federal housing policies. 

  7. A presentation on the housing development process with varied and mixed housing types. (21-080)

    • As part of a series of presentations and discussions on housing development, this presentation's goal is to demonstrate a basic proforma regarding mixing housing types, which all have different values, with no increase in density permitted and how these varied housing types also contribute to a community's larger economy. 

  8. A presentation on Provo's Sustainability Committee's request for Council support of a program providing rainwater harvesting barrels to citizens for a discounted rate. (21-101)

    • Utah Rivers Council (URC) runs discounted sales of 50-gallon rainwater barrels. They are black recycled plastic, with a bottom spigot, at a $149 retail cost or $83 for the city. Most cities order and subsidize a specific number of barrels by $33 each in order to sell to residents for $50 each. Some cities do not subsidize and their residents pay $83 a barrel. With either option, URC sets up a purchase portal, does 2-3 rounds of press releases, and the city advertises via its social media for 6-8 weeks. A truck delivers all barrels to a distribution event, purchasers get a time slot, and volunteers load them into purchasers’ vehicles. The best time for such a campaign would be March/April 2022. The Sustainability Committee urges the city to participate and suggests using $5,000 to provide a $33 per barrel subsidy for 150 barrels. If more people want them, they can pay $83 and get one without the subsidy. 

  9. A presentation on facility and construction updates specifically regarding traffic challenges in the Timpview neighborhood from Provo City School District. (21-104)

    • As Provo City School District continues their renovations on Timpview High School, various traffic challenges in the surrounding neighborhood have risen. Provo School district is requesting help from the city to help alleviate the stress on the traffic flow in the area.

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.



Regular Meeting Agenda

5:30 PM, Tuesday, September 21, 2021

Opening Ceremony

  • Items in this category do not involve legislative action. 

Presentations, Proclamations, and Awards

  • Items in this category do not involve legislative action. 

  1. Provo City Justice Court Annual Report. (21-099)

Public Comment

  • Instructions for making public comments at this electronic meeting can be found on the officially published agenda:

    • Dial 346 248 7799. Enter Meeting ID 897 9020 4420 and press #. When asked for a participant ID, press #. To join via computer, use the same meeting ID and enter passcode: 584295.

  • 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. Appointment of Amanda Ercanbrack as Director of Customer Service. (21-039)

    • Requesting advice and consent to the appointment of Amanda Ercanbrack as director of the City's Customer Service Department. She will replace Karen Larsen, who recently announced her retirement. Ms. Ercanbrack began her career with the City in customer service and has also served as the Deputy City Recorder and the City Recorder.

  2. A resolution appropriating $400,000 for City Hall Public Art. (21-102)

    • The City Council is working on the creation of a Percent for Public Arts program, whereby a determined percentage of a total project budget is set aside for public art. Since the program is not yet adopted, the Council is considering whether to ensure sufficient funding for public art in the new City Hall project, which is expected to be completed early in 2022. As building costs have risen the project leadership cut a significant arts piece, an artistic water feature, from the project to retain sufficient contingency funds for the remaining work. Appropriating funds now for public art would meet the aims of a Percent for Arts program and would enable the proposed feature to be installed now without having to tear up the plaza later. Should the contigency fund be sufficient in the final accounting to cover this feature, it is intended that any unused funds appropriated pursuant to this action would be returned to the General Fund. The architect and/or the project manager will participate in the presentation and discussion.

  3. A resolution appropriating $39,982 in the General Fund and $83,296 in the Energy Fund to correct elements of the fiscal year 2021–2022 budget. (21-015)

    • Provo has a large budget, and after reviewing it and working with various departments, we've identified a few corrections that will require an appropriation. 

  4. A resolution appropriating $12,855 in the Economic Development Division in the General Fund for a sales tax increment post performance payment to Parkway Village. (21-097)

    •  On November 15, 2016, the Municipal Council approved a resolution authorizing the Mayor to execute an agreement between Provo City and Parkway Village LLC. The Council was presented with a request to reimburse the ownership group for certain extraordinary costs associated with the removal of an existing occupied retail pad, participation of the installation of a new traffic signal and the construction of a replacement retail pad. The reimbursement would be funded through retail sales tax increment above the established predetermined sales tax revenue actually generated by the retail center as of a certain date. The baseline revenue was established at $136,476, which represents 1/2 of 1% of total sales generated at the center or that portion of sales tax revenue received by Provo City from the retail center, as provided by the State of Utah. Provo City will continue to receive the baseline amount of $136,476. The developer/owner will receive an annual reimbursement against their actual out-of-pocket expenses, any additional sales tax revenue above the baseline amount of $136,476. The term of the agreement runs for 10 years. In that time the developer/owner will be able to be reimbursed for up to 1/2 the out-of-pocket costs for the expenses. The target reimbursement amount is $1,053,395.86, which is half of the total out-of-pocket expenses ($2,106791.72). As this is the second payment in the 10-year agreement ($12,855) which represents that amount over the baseline of $136,476, it is not likely that full reimbursement amount will be achieved

  5. **CONTINUED** Consideration of an amendment to Title 15 regarding the process and requirements for appeals related to impact fees. Citywide. (PLOTA20210273)

    • This item was not ready to be heard.


What do those numbers at the ends of the agenda items mean?

  • Items on the agenda are given a file number by Council staff or Community Development staff to help with tracking the item through the legislative process and to organize the supporting materials.

  • You may find it helpful in cases where an item may be worded a little differently on different agendas. Matching up that file number helps you see that it is the same issue.

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