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To our Redevelopment Agency board meeting. | 00:00:00 | |
It's February 26, 2025 and the time is 603. | 00:00:03 | |
I'm going to start by offering an invocation and then we'll stand for the Pledge of Allegiance. | 00:00:08 | |
Kind Heavenly Father, we're so grateful for this time to gather together as a community, and we pray that Thy Spirit will be with | 00:00:13 | |
us and that we will. | 00:00:17 | |
People to be thoughtful and. | 00:00:20 | |
Make decisions that are good for today and build for generations to come. We love these and say this name of Jesus Christ Amen. | 00:00:23 | |
All rise. | 00:00:27 | |
I pledge allegiance to the flag of the United States of America. | 00:00:33 | |
To the Republic for which it stands. | 00:00:38 | |
My nation under God. | 00:00:41 | |
Indivisible with liberty and justice for all. | 00:00:43 | |
All right, we're going to start with a few presentations. Josh is going to give us an RDA update. | 00:00:52 | |
And let's see. | 00:00:59 | |
We'll go from there. | 00:01:02 | |
Great. Thank you, Mayor. | 00:01:04 | |
We're really, I should say chair as you sit in the. | 00:01:06 | |
Board of the RDA. | 00:01:09 | |
I'm going to share my screen here. | 00:01:11 | |
So in your packet there's a memo. | 00:01:13 | |
I just have two informational items. I'm going to try to do a few of these types of informational updates from time to time as we. | 00:01:16 | |
Sort of gather data and can kind of update you on. | 00:01:23 | |
Activities in the Geneva urban renewal area project area. | 00:01:27 | |
Including sort of financial outlooks? | 00:01:32 | |
And that sort of thing. So the first set of data I want to share. | 00:01:36 | |
Is related to. | 00:01:41 | |
The total. | 00:01:44 | |
Yeah, so. | 00:01:48 | |
This item is related to. | 00:01:49 | |
The total. | 00:01:51 | |
Value in the project area from the original. | 00:01:53 | |
Adopted proposed budget for the RDA versus kind of where we're at currently based on. | 00:01:57 | |
Recent data and forecast data. | 00:02:03 | |
So just just kind of a refresher. | 00:02:06 | |
When the. | 00:02:09 | |
Geneva Urban Renewal. | 00:02:11 | |
Project Area Plan was adopted in 2011. | 00:02:13 | |
One of the components of that plan was a proposed budget. | 00:02:17 | |
And in the proposed budget, there were. | 00:02:22 | |
Estimates of what? The value of the land. | 00:02:25 | |
And the improvements on that land, the development within the project area would be overtime. | 00:02:29 | |
Of course, the RDA receives revenue in the form of tax increment financing from. | 00:02:36 | |
Those parcels. | 00:02:41 | |
That have been triggered. | 00:02:43 | |
Within various phases of the project area. | 00:02:45 | |
And so if you look at. | 00:02:48 | |
That original? | 00:02:51 | |
Budget and the original projections and estimates. | 00:02:53 | |
That is the red line. | 00:02:57 | |
So this is the total. | 00:03:00 | |
Land value and value of the improvements. The total taxable. | 00:03:02 | |
Assessed taxable value within the project area. | 00:03:07 | |
Overtime. Over the life. | 00:03:10 | |
Of the project area. | 00:03:13 | |
The green line is the base value. | 00:03:14 | |
So just as another refresher. | 00:03:18 | |
The base value for the project area was set in 2006. | 00:03:20 | |
And. | 00:03:24 | |
What the base? Why? The reason the base value is important is because that's the value of the land as it was assessed prior. | 00:03:26 | |
To the. | 00:03:33 | |
Beginning of the project area. The adoption of the project area plan. | 00:03:34 | |
And the eventual triggering of various phases of parcels in that area. | 00:03:38 | |
To collect tax increment financing revenue. Increment revenue. | 00:03:44 | |
While the base area is important because. | 00:03:48 | |
The base value All tax revenues from the base value of the land, 100% of those tax. | 00:03:51 | |
Revenues go to all of the taxing entities that are impacted. | 00:03:58 | |
The city, the county, the water district, the school district, et cetera. | 00:04:02 | |
So what happens overtime is that land as it's remediated, prepared for development? | 00:04:06 | |
And ultimately developed. | 00:04:11 | |
And structures are built on it, both commercial and residential. | 00:04:12 | |
The assessed taxable value of that land goes up overtime. | 00:04:15 | |
And uh. | 00:04:19 | |
The original estimates for. | 00:04:20 | |
Tax increment financing revenue to the RDA. | 00:04:23 | |
Were based on this original plan, if you will, so that red line is the original estimate. | 00:04:26 | |
Of what they thought in the future. | 00:04:32 | |
The increased value of the development would be overtime. | 00:04:34 | |
And so you can see how. | 00:04:39 | |
The idea of tax increment financing is that. | 00:04:41 | |
You invest in the development of the area. | 00:04:44 | |
And the value goes up, which means the total tax value of that land is far greater than if the land was left vacant and | 00:04:48 | |
unremediated as a former industrial brown site. | 00:04:54 | |
So. | 00:05:00 | |
Using the most recent 2024. | 00:05:01 | |
UMM assessed value from the county of all of the parcels that are within the project area. | 00:05:05 | |
And then forecasting our trend of. | 00:05:12 | |
Economic growth and growth in the value of land overtime. | 00:05:16 | |
We have an updated current forecast. | 00:05:21 | |
Which you can see it's kind of a. | 00:05:24 | |
More of a straight line because it's just based on some some assumptions. For example. | 00:05:26 | |
Nationally. | 00:05:31 | |
The rule of thumb on the increased value of real estate overtime is 4%. | 00:05:33 | |
If you actually look at the average. | 00:05:39 | |
In our region, in Utah County, in nearby communities. | 00:05:42 | |
We've actually been outpacing 4%, so 4%. | 00:05:47 | |
Which is the assumption in this model is. | 00:05:50 | |
Fairly conservative. | 00:05:53 | |
For what's actually been happening. | 00:05:55 | |
When you look at the. | 00:05:57 | |
To date, development within the project area, it's about half residential, half commercial. | 00:05:59 | |
We've taken that into account as we've. | 00:06:04 | |
Built this model. | 00:06:06 | |
So I just wanted to show you this. | 00:06:08 | |
Set of data. There's a lot of data points here, but I think it's helpful to look at it visually. | 00:06:10 | |
In a chart like this, this is LinkedIn the packet. | 00:06:15 | |
This online live chart so you can go back and look at the data and kind of interact with it. | 00:06:19 | |
I just wanted to pause there and see if there's any questions about. | 00:06:25 | |
This particular. | 00:06:28 | |
Piece of data in this update. | 00:06:29 | |
Any questions from the board? | 00:06:33 | |
Just a clarification or a clarifying question? | 00:06:35 | |
In this chart, is it safe to assume that 2024 and previous are actuals and everything? | 00:06:40 | |
2025 and newer, is the projection correct? Yeah, great question and that's kind of why you see a lot of. | 00:06:46 | |
Sort of organic if you will, movement in the data points up until 2024 and then from 2024 more of a straight line just prediction. | 00:06:54 | |
More of a trend line, if you will. | 00:07:03 | |
So yeah, that's a great clarification. | 00:07:05 | |
These blue figures here are all actual values overtime. | 00:07:08 | |
The dips here that you see in 2023 have a lot to do with the centrally assessed. | 00:07:13 | |
Values of the equipment that's installed at the power plant. | 00:07:19 | |
Those are assessed as real estate values, but they're actually assessed by the state. That's why they're called centrally | 00:07:23 | |
assessed. And as you recall, Rocky Mountain Power Pacific Corp. | 00:07:28 | |
They appealed their valuation of their equipment. | 00:07:33 | |
And uh. | 00:07:38 | |
They won a settlement which was a reduction in the assessed value of that. | 00:07:40 | |
Of that property. So that's why you see a dip here in valuation. | 00:07:44 | |
And you also saw. | 00:07:48 | |
A correlating dip in the actual revenue to the RDA as a result. | 00:07:49 | |
Great question. And where did you say you can find this? Is it on the? | 00:07:59 | |
The city website, yes, well, eventually we're going to get this posted on the city website, but right now this particular online | 00:08:03 | |
chart, it's it's publicly available and it's LinkedIn the memo. | 00:08:09 | |
That's part of the tonight's agenda packet for the RDA meeting. So in that memo. | 00:08:14 | |
There's a hyperlink to each of the charts that I'll share so that you can also access them online. | 00:08:20 | |
Any other questions about this particular? | 00:08:30 | |
Item. | 00:08:32 | |
OK. I'll move to the next item in the memo. | 00:08:34 | |
Now this item is about. | 00:08:37 | |
What is called the mitigation payment to the Alpine School District. | 00:08:39 | |
So. | 00:08:44 | |
When the project area was set, one of the concepts was that. | 00:08:45 | |
If residential development. | 00:08:50 | |
Outpaced commercial development. | 00:08:53 | |
And if there was a high amount of residential development, that was? | 00:08:55 | |
Occurring prior. | 00:08:59 | |
To the development of commercial. | 00:09:01 | |
Properties. | 00:09:03 | |
The concern was that because residential properties have a tax exemption. | 00:09:04 | |
Their assessed value Whether taxable value is lower. | 00:09:10 | |
It could create a situation where the school district is serving the. | 00:09:13 | |
The students that might come from the various households that move into the community, into the residential areas. | 00:09:18 | |
And because of that residential exemption on residential property. | 00:09:23 | |
This residential development, if it outpaced commercial development, would create a scenario where. | 00:09:27 | |
The school district was serving a lot of students but not receiving a whole lot of revenue as a result. | 00:09:32 | |
And so one of the agreements that the RDA made as the process of adopting the plan and setting the original. | 00:09:38 | |
Proposed Budget. | 00:09:44 | |
Was they agreed to a mitigation payment? | 00:09:46 | |
And the mitigation payment was to be calculated. | 00:09:49 | |
Based on a what they call in the documents a shortfall. | 00:09:52 | |
And the shortfall was defined as. | 00:09:56 | |
The what they call the expenses of the school district, which was set. | 00:09:59 | |
At an amount of. | 00:10:04 | |
Of 700 and. | 00:10:06 | |
$39.80 or something like that per. | 00:10:08 | |
Household unit or per. | 00:10:11 | |
You know, housing unit. | 00:10:14 | |
And by the way, just as a precursor. | 00:10:16 | |
This does not. | 00:10:20 | |
Include. | 00:10:21 | |
Or have anything to do with the base value, so just again as a refresher. | 00:10:23 | |
The base value of the LAN set in 2006. | 00:10:28 | |
The Alpine School District and all the other taxing entities continue to receive 100% of the tax revenues. | 00:10:31 | |
From the base value of $120 million for the whole project area. So the the idea was that if the land was just left vacant and not | 00:10:38 | |
developed, this base value of $120 million. | 00:10:45 | |
Whoever owned that land, private developers, etc. Would still have to pay. | 00:10:51 | |
Taxes and 100% of those taxes. | 00:10:55 | |
That of that base value would go to all the taxing entities, school district included. | 00:10:58 | |
Well, on top of that, tax revenue. | 00:11:03 | |
The idea was that well. | 00:11:06 | |
The growth in the value of the. | 00:11:08 | |
Taxable land. | 00:11:11 | |
In the project area. | 00:11:13 | |
Umm, the increment, which is the tax increment financing, that's the revenue that is diverted in a sense to the RDA for the, for | 00:11:14 | |
the. | 00:11:18 | |
You know, for the financing of redevelopment. | 00:11:23 | |
75% of that incremental additional. | 00:11:26 | |
Taxable value and taxable and tax revenue. | 00:11:30 | |
75% of it would go to the RDA. | 00:11:33 | |
And only 25% of that incremental tax revenue would go to the various taxing entities the school district included. | 00:11:36 | |
So. | 00:11:43 | |
They came up with this mitigation formula where they said OK. | 00:11:44 | |
Well, if we look. | 00:11:47 | |
At this ASD Alpine School District expense amount of the $739.80. | 00:11:49 | |
Per housing unit. | 00:11:57 | |
As our kind of baseline expense on top of what we're receiving on that base revenue. | 00:11:59 | |
If we look at that expense. | 00:12:03 | |
And the difference between that expense? | 00:12:05 | |
And the incremental revenue? | 00:12:08 | |
To the. | 00:12:11 | |
To the school district that they're 25% share if you will. | 00:12:13 | |
If the difference between those two things was high. | 00:12:18 | |
The the school district might be incurring this shortfall, and so the mitigation payment was 40% of that shortfall. | 00:12:21 | |
And So what this chart shows is. | 00:12:29 | |
Overtime. | 00:12:32 | |
That what that shortfall would be calculated as based on. | 00:12:33 | |
Housing units. | 00:12:39 | |
That are developed and given certificate of occupancy. | 00:12:40 | |
Along with the amount of revenue that the school district receives as their. | 00:12:45 | |
25% share of the increment. | 00:12:49 | |
Plus the 100% they receive. | 00:12:52 | |
Once phases have expired or prior to phases being triggered. | 00:12:55 | |
OK, so. | 00:12:59 | |
The red line is what that. | 00:13:00 | |
Assumption of revenues would be to the school district. | 00:13:03 | |
Both actuals to date with projections for the future. | 00:13:07 | |
And then the green line is what that expense amount would be? | 00:13:11 | |
So the mitigation payment would be equal to 40%. | 00:13:15 | |
Of the total gap. | 00:13:20 | |
When you look at it over the life of the project area. | 00:13:22 | |
So you look at it from the beginning to the end of the project area. | 00:13:26 | |
You look at the total. | 00:13:31 | |
Revenues that would pass through to the school district. | 00:13:33 | |
Plus this expense calculation. | 00:13:35 | |
And 40% of the gap. | 00:13:38 | |
Would be the mitigation payment. | 00:13:40 | |
So when they originally adopted the plan and adopted the budget, there was discussion among the taxing entity committee. | 00:13:42 | |
About whether or not the mitigation payment was necessary. | 00:13:49 | |
Some thought based on their own forecasting. | 00:13:53 | |
That the mitigation payment was unnecessary because it wouldn't materialize that there was a shortfall. | 00:13:56 | |
But they went ahead and included the mitigation payment as a sort of insurance policy, if you will. | 00:14:02 | |
Just in case. | 00:14:08 | |
And so can can we, can we put names of like who put that shortfall in? | 00:14:09 | |
I've been reviewing the minutes and it's not clear. | 00:14:15 | |
A person that put it in it was part of the original plan. | 00:14:19 | |
And so the mitigation payment was part. But why didn't it come in until now though? Or until just a few years ago? | 00:14:23 | |
No, it's in the original plan. | 00:14:31 | |
So the original plan adopted in 2011 had an addendum, which included a bunch of information that are, oh, it's in an addendum then | 00:14:33 | |
OK. | 00:14:37 | |
Yeah. So it's not, it's a good point. I was going to say it's not in the original and I saw the addendum. | 00:14:41 | |
And it's wise. I mean, we're very lucky that that was put in. | 00:14:46 | |
Yeah, it's a good point. So the original plan doesn't talk about the mitigation payment, but. | 00:14:50 | |
Again, the plan is really confined to more the vision and the plan for the area and the development. | 00:14:55 | |
The mitigation payment portion comes in in the form of the budget. | 00:15:01 | |
So the budget that was adopted along with the plan includes a note. | 00:15:05 | |
And the note in the budget spells out the mitigation payment and then if you look at. | 00:15:09 | |
The meeting of the Taxing Entity Committee in 2011. | 00:15:13 | |
There was some discussion about that budget and about the calculation of that mitigation payment. | 00:15:16 | |
And that's where you see some discussion about. | 00:15:21 | |
What will the mitigation payment? | 00:15:24 | |
Be necessary or not? Well, it really depends on the performance and the value, right? | 00:15:26 | |
Can I make a comment? | 00:15:31 | |
I think it's really important that people understand what this means, because if the RDA did not. | 00:15:33 | |
Produce. | 00:15:40 | |
This is like a insurance policy. | 00:15:41 | |
To ensure that Alpine School District would have sufficient funds. | 00:15:44 | |
To pay because. | 00:15:49 | |
They are saying we're not going to get. | 00:15:50 | |
We're going to give up our money for our schools. | 00:15:53 | |
But in case the RDA is not functioning to that level. | 00:15:56 | |
We're going to have a mitigation thing to say. | 00:15:59 | |
We're still going to get paid and we're not going to give it. | 00:16:02 | |
And I think that's really important because there's five entities within the RDA. | 00:16:06 | |
The only person that has a mitigation payment. | 00:16:10 | |
Is the school district. | 00:16:13 | |
The city doesn't. | 00:16:15 | |
And so as the RDA hasn't functioned. | 00:16:16 | |
To the levels of what it was the. | 00:16:19 | |
It's kind of like the five of us were going down the road and they said. | 00:16:22 | |
We're concerned that this might not function. | 00:16:25 | |
And one of the five put that in to say, if it doesn't, we still want to make sure that there's a base minimum. | 00:16:29 | |
Because Vineyard doesn't have. | 00:16:35 | |
A mitigation in there. | 00:16:37 | |
When it has underperformed. | 00:16:39 | |
There is no mitigation to separate. | 00:16:41 | |
So for the past couple years, our city has said. | 00:16:45 | |
In order to overcome that shortfall, we don't have a mitigation. | 00:16:48 | |
The only results we have is to increase other sales tax or property taxes. | 00:16:52 | |
And I did know this mitigation payment was and I think it's wise to be honest with you. | 00:16:58 | |
We would be screwed. Our school districts and our students would be. | 00:17:02 | |
Because we all hoped that the RDA would. | 00:17:07 | |
Produce more of a business revenue. | 00:17:10 | |
Than what it has, but I'm I'm glad that that was foresaw. | 00:17:13 | |
My only thing is is. | 00:17:18 | |
Who in Vineyard was there and we why we didn't put something in there to safeguard us when it started to fail or the other | 00:17:20 | |
entities? | 00:17:24 | |
Wife the other four of the five. Is there any proof that the other. | 00:17:29 | |
For why they didn't, why they were the only ones that were able to carve out and the other four weren't. | 00:17:32 | |
It really seems that the discussion of the taxing entity committee was about the the concept that the school district would would | 00:17:38 | |
have to serve students that would come from the vineyard area and so as household units started to. | 00:17:45 | |
Develop and families moved in, they would still have to serve students and if there was this shortfall in revenue. | 00:17:52 | |
That would create a pinch for the school district. I don't know that that specific conversation about sort of the level of service | 00:17:59 | |
was discussed by other members of the taxing entity committee. To your point about representatives from the city, the county, the | 00:18:04 | |
water district. | 00:18:08 | |
ETC. | 00:18:13 | |
And one of my issues is that the documentation of the exact person. | 00:18:15 | |
From venue, who is representing Vineyard in that taxing entity committee and who was representing the school district is really | 00:18:20 | |
quite. | 00:18:23 | |
Vague. It's just like, hey, we have the document, but it's like. | 00:18:26 | |
Who who actually did that? And then the other thing is, is. | 00:18:30 | |
I mean, these are forecasts. So these are all really good people, but we all. | 00:18:36 | |
Back in the day it was hoped that businesses would would be front loaded. | 00:18:40 | |
And not so many houses, right? | 00:18:44 | |
And so. | 00:18:47 | |
We're actually grateful that the mitigation was school district because with more houses comes more schools. | 00:18:48 | |
And because it was population that came so much more heavily than businesses. | 00:18:54 | |
We're grateful that our that our schools are protected. | 00:19:00 | |
However, it puts us in a. | 00:19:03 | |
A bind as a city where we're. | 00:19:05 | |
You know, hoping. | 00:19:08 | |
For businesses, it kind of hurts us more. | 00:19:09 | |
So and to date, kind of based on what I was discussing with the last chart to date, the development in the project area has been | 00:19:13 | |
5050 in terms of acreage, commercial and residential. And so the concern was that it might be even more unbalanced. | 00:19:19 | |
In the favor of residential which? | 00:19:26 | |
Largely didn't materialize, which is why there's not been. | 00:19:28 | |
A necessity to make a mitigation payment, and likely won't be. | 00:19:32 | |
Because the red line is the ASD revenues and the green lines the expenses. The reason the expenses decline overtime. | 00:19:36 | |
Is because some of the phases in the project area will expire. | 00:19:43 | |
And then the school district and other taxing entities will receive 100% of the tax revenues for those. | 00:19:49 | |
For those parcels. | 00:19:55 | |
And so if you look at the the burden, if you will, on the school district. | 00:19:57 | |
Of current. | 00:20:01 | |
Housing units. | 00:20:03 | |
That are producing. | 00:20:04 | |
Increment. Umm. | 00:20:06 | |
RDA revenue. | 00:20:07 | |
Those will decline when those phases expire and when those phases expire. | 00:20:09 | |
The revenue to the school district. | 00:20:14 | |
Balloons and so that was kind of the hope is that that that's the model of tax increment financing so. | 00:20:16 | |
And that the reason you see this gap kind of in the mid middle years is? | 00:20:22 | |
Is because that's when. | 00:20:25 | |
The large chunk of most of the parcels in the phases are all being triggered for increment revenue. | 00:20:27 | |
But then as they expire, then those housing units are no longer. | 00:20:35 | |
In a shortfall. | 00:20:38 | |
Sort of scenario for the school district. | 00:20:40 | |
So let me make sure I got this right. So the. | 00:20:44 | |
The technicality of that money is, is that it? | 00:20:47 | |
It is still paid for by. | 00:20:50 | |
The property owner. | 00:20:53 | |
Yes, that money goes to the Tax Commission. | 00:20:55 | |
The Tax Commission then rebates that back to us. | 00:20:58 | |
And we look at that and go because of the shortfall. | 00:21:02 | |
This mitigation applies and so instead of giving that to the. | 00:21:05 | |
RDA It then cuts a check to Alpine School District to cover the cost of the students right. It would be an obligation of the RDA | 00:21:08 | |
to make a payment to the school district if and when the shortfall applies. Applies right and. | 00:21:15 | |
When did it start to apply? | 00:21:23 | |
The first year it hasn't. It hasn't yet. | 00:21:26 | |
We're here in 2024, right here. | 00:21:28 | |
There was this crossover for a time that has largely to do with that centrally assessed value. | 00:21:32 | |
But there was a surplus given to the school district prior to this time. | 00:21:37 | |
And so when that surplus? | 00:21:42 | |
Is exceeded by future revenues. | 00:21:44 | |
Then we'll have an obligation to potentially make a 40% payment. | 00:21:47 | |
But you have to look at it. | 00:21:51 | |
Over the lifetime of the. | 00:21:53 | |
Of the existence of those tax increment financing horizons. | 00:21:56 | |
And when you forecast it right now, there's unlikely to be a mitigation payment. There is. | 00:22:00 | |
There's unlikely to be one. There won't be. There likely will not be a mitigation payment until 2035. Well, forever, because. | 00:22:05 | |
This is the surplus here that the school district receives. | 00:22:13 | |
Exceeds the shortfall here. | 00:22:17 | |
And the mitigation payment is 40% of the shortfall. | 00:22:20 | |
So you would take this green area. | 00:22:25 | |
And multiply that by 40%. | 00:22:28 | |
And then weigh it against the surplus areas. | 00:22:31 | |
In the red Oh, they get to take positives from previous years. | 00:22:34 | |
That's tough. Yeah. It's over the whole, the way it's outlined is it's over the whole lifetime of the project area. | 00:22:39 | |
So we're going to be in the we're going to be in the negative, but because they were positive in. | 00:22:46 | |
Oh, 10 to 20. | 00:22:51 | |
20 something 3. | 00:22:53 | |
They're going to bank off of that. | 00:22:55 | |
And what is our school districts do during that time? They just go, hey, you. | 00:22:58 | |
You're out of luck. | 00:23:03 | |
Right, Yep, that's the way it's outlined is it's it's you know, over the lifetime of the project area does our school districts | 00:23:05 | |
and split like they. | 00:23:10 | |
Because that's one of the things that they've been. | 00:23:14 | |
On the calls for me is. | 00:23:16 | |
How little revenue is coming from? | 00:23:18 | |
Vineyard for the split. | 00:23:20 | |
On the school district side, so. | 00:23:24 | |
That gap, they're looking at it going well, you already got previously paid at a higher clip. | 00:23:25 | |
And so therefore. | 00:23:31 | |
Here to 2035. | 00:23:32 | |
They're gonna be. | 00:23:35 | |
They're not shortened because they were paid previously, but. | 00:23:38 | |
No revenues are coming in. | 00:23:42 | |
On the financial side? | 00:23:44 | |
Right. | 00:23:46 | |
They're still getting revenue. | 00:23:48 | |
Right, right. But just the the ASD expense of what it actually cost? | 00:23:50 | |
So can they? Would they then? | 00:23:55 | |
Because they've got to make their budget so. | 00:23:58 | |
Do they have the power to then up our tax their tax rate? | 00:24:00 | |
To the whole. | 00:24:05 | |
The new Timpanogos district to. | 00:24:07 | |
Because they've got to be able to make up that shortfall of the cost per student, right? | 00:24:10 | |
Well, I mean, it depends. What we don't really actually know is how many students are they serving per household in Vineyard? | 00:24:14 | |
There's a lot of younger families that are moving in that that don't yet have school age children. | 00:24:22 | |
So I mean, these were all just estimates, you know that. | 00:24:27 | |
Were baked into a payment amount. | 00:24:32 | |
But you know how much they actually. | 00:24:34 | |
Require. | 00:24:36 | |
Spend on this area. Those are sort of data points the school district would be maintaining. | 00:24:37 | |
But of course, there's the windfall, if you will, that comes later. | 00:24:43 | |
I'd like to see. | 00:24:49 | |
And I know we don't have the. | 00:24:51 | |
Organizational structure yet to. | 00:24:53 | |
To see this, but as soon as we have any information about how any of this translates to the new school district. | 00:24:55 | |
It would be. | 00:25:01 | |
Really informative to the community for us to actually see that analysis. | 00:25:03 | |
And the other. | 00:25:07 | |
Question I had. I guess that was a comment, not a question. | 00:25:09 | |
But the question I have. | 00:25:12 | |
Is I understand that it's cumulative. | 00:25:14 | |
But when we're seeing that large gap between, you know, starting in, you know, 2026 ish and going through. | 00:25:19 | |
2035. | 00:25:26 | |
Umm, I. | 00:25:29 | |
I'm struggling to understand how that can be balanced by future projections. | 00:25:31 | |
Even if it's cumulative. | 00:25:36 | |
Because at the point in time when that happens, that shortfall. | 00:25:38 | |
Is a. | 00:25:42 | |
True shortfall, even if it gets made-up in the future. | 00:25:43 | |
Well, keep in mind that the shortfall. | 00:25:47 | |
Is not. | 00:25:50 | |
An actual thing. It's a concept. | 00:25:51 | |
It's a concept that drives the agreement that forms the basis of the mitigation payment. | 00:25:53 | |
Know what they actually spend? | 00:26:00 | |
But a couple of other things to keep in mind about the projected revenues. | 00:26:03 | |
You can see how these lines are kind of straight, whereas these lines prior to 2024. | 00:26:08 | |
Are more organic. | 00:26:12 | |
Again, that's because these. | 00:26:14 | |
Conservative projections, One of the things that. | 00:26:16 | |
That is actually happening with values and one of the reasons that. | 00:26:19 | |
Values in the project area have actually gone up faster than originally predicted. | 00:26:23 | |
Is because of the addition of business personal property. | 00:26:28 | |
As well as commercial property. | 00:26:32 | |
If you think about the horizon, the future horizon of the things that are most likely to be developed in the near future. | 00:26:34 | |
There's a lot of commercial properties about to be developed. | 00:26:40 | |
And so it is quite possible. | 00:26:43 | |
Projected gap. | 00:26:46 | |
Would shrink even from this projection I'm showing right now. | 00:26:47 | |
And that would. | 00:26:51 | |
Two major reasons. | 00:26:53 | |
One being. | 00:26:55 | |
Business personal property that is taxed as. | 00:26:56 | |
Commercial entities come online even as home based and other small businesses come online. | 00:26:59 | |
They have to pay business personal property tax. A lot of these estimates are just based on real estate values. | 00:27:04 | |
And business personal property is part of property taxes that also go to all the taxing entities, school district included. | 00:27:09 | |
And then the other component of this is commercial property. | 00:27:16 | |
Which is taxed at 100% rather than the residential exemption of 60%. | 00:27:19 | |
So, umm. | 00:27:24 | |
Umm, so those two factors might actually shrink this projected gap. | 00:27:25 | |
But because those are. | 00:27:30 | |
Hard to predict, they're not baked into our model here. | 00:27:31 | |
My concern and I actually saw these numbers from the folks that came to me about the mitigation was. | 00:27:39 | |
That it's. | 00:27:48 | |
It's easy to hide this shortfall when we're talking about 16 to 18 cities in Alpine School District because it's a massive thing | 00:27:52 | |
in vineyards, rather small. | 00:27:56 | |
With now us going to a small school district with four cities. | 00:28:01 | |
It magnifies that budget short. | 00:28:05 | |
Gap fall of the RDA and it and it amplifies like why isn't Vineyard? | 00:28:08 | |
You know, paying their share of. | 00:28:13 | |
Of the student cost right and. | 00:28:16 | |
You know, and I know you can say, hey, we got paid higher in 2010, but now it's not coming in. | 00:28:18 | |
And. | 00:28:23 | |
The documents that I saw. | 00:28:24 | |
It's Rob Smith and. | 00:28:26 | |
And those there was like this argument of like just. | 00:28:29 | |
Just get it done. | 00:28:33 | |
And it'll, it'll come. | 00:28:35 | |
And like. | 00:28:38 | |
I don't know, it just it didn't. | 00:28:39 | |
And so it's like instead of focusing on the negativity, it's like, well, what, what? What do we now? And my other argument is | 00:28:42 | |
like. | 00:28:46 | |
Umm, I think it would have been, I think that person from the school district to say, hey, let's have mitigation. | 00:28:53 | |
Plan. | 00:28:59 | |
The city should have had a mitigation plan if it didn't succeed. | 00:29:00 | |
To that level, just because it's an insurance policy, it's like if the RDA isn't. | 00:29:03 | |
Successful that money still is coming in and the. | 00:29:07 | |
Citizens would. | 00:29:11 | |
And it would motivate the developer dramatically. And that's actually the motivation that I'm looking for of like. | 00:29:12 | |
Great. We're giving you this money in 2011 and now in 2025, fourteen years later, it's like. | 00:29:19 | |
It didn't happen. | 00:29:25 | |
And Alpine School District. | 00:29:27 | |
Thank heavens has that mitigation policy, but we don't. | 00:29:29 | |
And so we are in. | 00:29:32 | |
And and so it's like. | 00:29:34 | |
Can we? | 00:29:36 | |
Legally put in a mitigation plan. | 00:29:37 | |
For us to protect our taxpayers and our base like the school district did, if one of four of them did it, why? | 00:29:40 | |
Why can't we? And I see that as motivation to. | 00:29:46 | |
You better start selling your property. | 00:29:49 | |
You know, quickly or. | 00:29:51 | |
Because why wouldn't that be motivating that to them? One thing to think about is that. | 00:29:54 | |
The RDA is accelerating. | 00:29:58 | |
The development of the city's infrastructure, that would be a city financial obligation anyway. And so the city in many ways is is | 00:30:00 | |
winning. | 00:30:05 | |
Because the city is able to use this tax increment financing revenue. | 00:30:10 | |
To actually build streets and roads. | 00:30:14 | |
Sidewalks and public infrastructure that the city would have to pay for anyway and so. | 00:30:16 | |
But what did he actually get? A huge windfall in the form of upfront. | 00:30:22 | |
Financing and development of infrastructure. | 00:30:26 | |
Well, I get that, but when you say the city. | 00:30:28 | |
Most developers pay for their infrastructure, not the city. We they just put that as part of an impact fee. | 00:30:31 | |
I mean, cities can finance to some, right? But. | 00:30:38 | |
But we would be smart enough to say you're paying for your roads, not, not us. I mean, right now our RDA money is paying for their | 00:30:41 | |
infrastructure. And I think that's the other thing that's a little bit different with us, it's like. | 00:30:46 | |
We need Utah City and others developers to pay for their own infrastructure, not our. | 00:30:52 | |
Not our tax base. We wouldn't even have the ability to build out. | 00:30:57 | |
Because we would not have the homes or the businesses here without the. | 00:31:01 | |
Remediation, right, but the impact fees would pay for? | 00:31:06 | |
The impact fees of what? To the developer? What developer? | 00:31:10 | |
The current developer. Just like any other developer, there's needed remediation for any development. | 00:31:13 | |
There would be no development. | 00:31:20 | |
OK. Yeah, keep going. | 00:31:24 | |
Well, just to refer back to, you know, in terms of what the model was, so the original model. | 00:31:27 | |
Was with the conservative estimates that there would be a total mitigation payment over the life of the RDF 12.2 million. | 00:31:32 | |
Based on current forecasts, there's zero mitigation payments, so in a lot of ways the school district has performed better to the | 00:31:39 | |
tune of over $12 million. | 00:31:44 | |
By not having the gap, and that's kind of what this chart shows is where. | 00:31:49 | |
This gap between the red line and the blue line. | 00:31:53 | |
Is the original estimate versus where we're on track actually. | 00:31:55 | |
Because there's been a lot faster and higher growth in value. | 00:31:59 | |
The school district has received more revenue than they were. | 00:32:04 | |
Expecting from the original estimate. | 00:32:08 | |
Which is why there hasn't been a mitigation payment. | 00:32:10 | |
That was originally estimated to be upwards of 12.2 million, so. | 00:32:12 | |
Even though there is this gap in the chart. | 00:32:17 | |
This gap originally would have been much larger. | 00:32:19 | |
All right. Any further questions? | 00:32:29 | |
Do you have more slides? Nope, that's it. So. | 00:32:35 | |
Both of these charts are linked and pasted in your memo. They're available online and we'll continue to update this data as we get | 00:32:37 | |
more data each year. | 00:32:41 | |
And as we sort of update our forecasting models? | 00:32:46 | |
But I thought these two slides would be helpful based on a lot of previous discussions. | 00:32:50 | |
Excellent. Thank you for sharing. | 00:32:54 | |
All right, can I get a motion to approve the consent items? | 00:32:56 | |
Or discussion. | 00:33:00 | |
Yeah. | 00:33:03 | |
I move to approve and adopt the consent items as presented. Thank you. We have a 1st vice. Sarah, can I get a second? | 00:33:09 | |
Second. Second by Brett, all in favor. | 00:33:16 | |
Awesome. At this time we have to go into a closed session. We will be back for our business item right after. | 00:33:19 | |
Were you wanting to make the motion? No, I wanted to make a comment. I. | 00:33:26 | |
I feel the need to ask Jamie if there's any way that we can disclose the topic of the closed session. | 00:33:30 | |
Or at least some of it. | 00:33:37 | |
Outside, because I feel citizens have a right to know at least some of it. Does all of it have to be there? | 00:33:39 | |
The board can't. | 00:33:44 | |
Take any action in closed session. So the purpose of the closed session would be to update you all. | 00:33:46 | |
And then after the update when you take action we can. | 00:33:51 | |
Do a presentation and a summary for the public before the Council takes its but for. | 00:33:55 | |
What you're saying, Yes, when you go into emotion you always state what the purpose is for. | 00:34:00 | |
In this case, it's item a strategy sessions to discuss pending a reasonably imminent litigation. | 00:34:06 | |
And when you make the motion, whoever that is, you will state that as our purpose. | 00:34:13 | |
Right. I'm not saying the reason, I'm just saying that I really believe. | 00:34:17 | |
A great percentage of this should be debated or talked about prior to the closed session. | 00:34:22 | |
Maybe not the dollar amounts or different sums, but like. | 00:34:28 | |
The overall idea or concept? | 00:34:32 | |
Of the citizens and the third party of the right to know. | 00:34:35 | |
Is that available? Isn't that what the discussion when we come back is about? | 00:34:38 | |
Correct. | 00:34:43 | |
So we'll, we'll have the discussion. | 00:34:44 | |
Privately. | 00:34:47 | |
And then we'll. | 00:34:49 | |
We'll be able to. | 00:34:51 | |
Discuss openly. | 00:34:52 | |
Yeah, yeah. | 00:34:53 | |
OK, can I get a motion? | 00:34:55 | |
Can I? I might. | 00:34:57 | |
I might clarify the reason why. | 00:34:59 | |
For Councilmember Holdaway, because I think it's important. | 00:35:01 | |
Anytime you're confronting litigation, you have to be careful about. | 00:35:04 | |
What the city as an entity or representatives of the city say about a matter. | 00:35:08 | |
Because what you say could be used as evidence in a court proceeding against you. | 00:35:13 | |
And so the reason for the closed session discussion is that you can. | 00:35:18 | |
Receive openly legal advice on a matter and you can discuss the matter. | 00:35:22 | |
Within that closed session without fear of your discussion. | 00:35:27 | |
Being used against you in a court and so that's why we do the closed session conversation, talk about the contours of the matter. | 00:35:31 | |
You can't approve a settlement agreement or. | 00:35:38 | |
Any kind of action in a closed session, so we would come back after depending on. | 00:35:41 | |
How the discussion goes and if the Council. | 00:35:46 | |
Wants to pursue settlement on the matter. | 00:35:50 | |
Then we can present the details to the public at that time. | 00:35:52 | |
You'll remember. | 00:35:56 | |
Was probably 6 to 12 months ago we had a matter with Comcast. | 00:35:59 | |
That we settled and this is the same format that we. | 00:36:04 | |
Yeah, I just I. | 00:36:07 | |
I just know being in this position, I feel that. | 00:36:11 | |
The citizens right to know on the topic prior but so we'll go into a closed session. | 00:36:16 | |
Talk about it and then we can come out and debate it before we vote on the merits of the settlement. | 00:36:21 | |
Correct. So you would come into open session and then if if the board. | 00:36:29 | |
Of the RDA decides to move forward with the settlement agreement and that agreement will be presented. | 00:36:33 | |
I can provide a summary of what the agreement provides for and a summary of the dispute. | 00:36:38 | |
And then at that point in time you can. | 00:36:43 | |
Vote and discuss. | 00:36:46 | |
As part of that voting process. | 00:36:48 | |
Whether to support? | 00:36:51 | |
Settlement or not in open meeting? | 00:36:52 | |
But I. | 00:36:55 | |
I don't want to. | 00:36:56 | |
Make a promise that maybe wouldn't occur if in the closed session, the council decides not to move forward with settlement. | 00:36:58 | |
Then we would be left in a situation where the city would face litigation and I would not recommend. | 00:37:05 | |
An open discussion of the topic. | 00:37:11 | |
In that way. | 00:37:13 | |
We have to protect the city against. | 00:37:14 | |
Its enemies in the litigation matter. | 00:37:18 | |
Yeah, I I definitely agree with not opening us up to litigation. I'm just wondering like how the citizens would be able to opine | 00:37:20 | |
during or like have a. | 00:37:25 | |
Question and answer period. | 00:37:30 | |
Of the problem because I know. | 00:37:32 | |
Just how much this effects? | 00:37:33 | |
A certain group that I'm like. | 00:37:37 | |
I would want to know prior the issue and petition my elected officials is all and I'm like so I don't know how to do that. I think | 00:37:40 | |
it's been made clear that anything that the council would move on or make a decision on. | 00:37:47 | |
Would go before the public. | 00:37:54 | |
And so if there was a need to have further discussion or action items, the public would have that same engagement that we do with | 00:37:55 | |
any items we move forward on. | 00:38:00 | |
With that being said, it looks like those are the parameters that we work inside of, so we need to go into a closed session. | 00:38:07 | |
Can I get a motion? | 00:38:13 | |
Yes. | 00:38:18 | |
OK, can I get a motion from someone? | 00:38:21 | |
I moved to go into a closed session immediately in the. | 00:38:27 | |
Conference room. | 00:38:30 | |
For a strategy session to discuss pending or reasonably imminent litigation. | 00:38:32 | |
All right, we have a first by Sarah. Can I get a second? | 00:38:37 | |
Second all in favor, aye. | 00:38:40 | |
Oh, roll call, Jake. | 00:38:42 | |
No. | 00:38:44 | |
Aye, aye, Sarah. | 00:38:46 | |
All right, we will be back. | 00:38:49 |
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To our Redevelopment Agency board meeting. | 00:00:00 | |
It's February 26, 2025 and the time is 603. | 00:00:03 | |
I'm going to start by offering an invocation and then we'll stand for the Pledge of Allegiance. | 00:00:08 | |
Kind Heavenly Father, we're so grateful for this time to gather together as a community, and we pray that Thy Spirit will be with | 00:00:13 | |
us and that we will. | 00:00:17 | |
People to be thoughtful and. | 00:00:20 | |
Make decisions that are good for today and build for generations to come. We love these and say this name of Jesus Christ Amen. | 00:00:23 | |
All rise. | 00:00:27 | |
I pledge allegiance to the flag of the United States of America. | 00:00:33 | |
To the Republic for which it stands. | 00:00:38 | |
My nation under God. | 00:00:41 | |
Indivisible with liberty and justice for all. | 00:00:43 | |
All right, we're going to start with a few presentations. Josh is going to give us an RDA update. | 00:00:52 | |
And let's see. | 00:00:59 | |
We'll go from there. | 00:01:02 | |
Great. Thank you, Mayor. | 00:01:04 | |
We're really, I should say chair as you sit in the. | 00:01:06 | |
Board of the RDA. | 00:01:09 | |
I'm going to share my screen here. | 00:01:11 | |
So in your packet there's a memo. | 00:01:13 | |
I just have two informational items. I'm going to try to do a few of these types of informational updates from time to time as we. | 00:01:16 | |
Sort of gather data and can kind of update you on. | 00:01:23 | |
Activities in the Geneva urban renewal area project area. | 00:01:27 | |
Including sort of financial outlooks? | 00:01:32 | |
And that sort of thing. So the first set of data I want to share. | 00:01:36 | |
Is related to. | 00:01:41 | |
The total. | 00:01:44 | |
Yeah, so. | 00:01:48 | |
This item is related to. | 00:01:49 | |
The total. | 00:01:51 | |
Value in the project area from the original. | 00:01:53 | |
Adopted proposed budget for the RDA versus kind of where we're at currently based on. | 00:01:57 | |
Recent data and forecast data. | 00:02:03 | |
So just just kind of a refresher. | 00:02:06 | |
When the. | 00:02:09 | |
Geneva Urban Renewal. | 00:02:11 | |
Project Area Plan was adopted in 2011. | 00:02:13 | |
One of the components of that plan was a proposed budget. | 00:02:17 | |
And in the proposed budget, there were. | 00:02:22 | |
Estimates of what? The value of the land. | 00:02:25 | |
And the improvements on that land, the development within the project area would be overtime. | 00:02:29 | |
Of course, the RDA receives revenue in the form of tax increment financing from. | 00:02:36 | |
Those parcels. | 00:02:41 | |
That have been triggered. | 00:02:43 | |
Within various phases of the project area. | 00:02:45 | |
And so if you look at. | 00:02:48 | |
That original? | 00:02:51 | |
Budget and the original projections and estimates. | 00:02:53 | |
That is the red line. | 00:02:57 | |
So this is the total. | 00:03:00 | |
Land value and value of the improvements. The total taxable. | 00:03:02 | |
Assessed taxable value within the project area. | 00:03:07 | |
Overtime. Over the life. | 00:03:10 | |
Of the project area. | 00:03:13 | |
The green line is the base value. | 00:03:14 | |
So just as another refresher. | 00:03:18 | |
The base value for the project area was set in 2006. | 00:03:20 | |
And. | 00:03:24 | |
What the base? Why? The reason the base value is important is because that's the value of the land as it was assessed prior. | 00:03:26 | |
To the. | 00:03:33 | |
Beginning of the project area. The adoption of the project area plan. | 00:03:34 | |
And the eventual triggering of various phases of parcels in that area. | 00:03:38 | |
To collect tax increment financing revenue. Increment revenue. | 00:03:44 | |
While the base area is important because. | 00:03:48 | |
The base value All tax revenues from the base value of the land, 100% of those tax. | 00:03:51 | |
Revenues go to all of the taxing entities that are impacted. | 00:03:58 | |
The city, the county, the water district, the school district, et cetera. | 00:04:02 | |
So what happens overtime is that land as it's remediated, prepared for development? | 00:04:06 | |
And ultimately developed. | 00:04:11 | |
And structures are built on it, both commercial and residential. | 00:04:12 | |
The assessed taxable value of that land goes up overtime. | 00:04:15 | |
And uh. | 00:04:19 | |
The original estimates for. | 00:04:20 | |
Tax increment financing revenue to the RDA. | 00:04:23 | |
Were based on this original plan, if you will, so that red line is the original estimate. | 00:04:26 | |
Of what they thought in the future. | 00:04:32 | |
The increased value of the development would be overtime. | 00:04:34 | |
And so you can see how. | 00:04:39 | |
The idea of tax increment financing is that. | 00:04:41 | |
You invest in the development of the area. | 00:04:44 | |
And the value goes up, which means the total tax value of that land is far greater than if the land was left vacant and | 00:04:48 | |
unremediated as a former industrial brown site. | 00:04:54 | |
So. | 00:05:00 | |
Using the most recent 2024. | 00:05:01 | |
UMM assessed value from the county of all of the parcels that are within the project area. | 00:05:05 | |
And then forecasting our trend of. | 00:05:12 | |
Economic growth and growth in the value of land overtime. | 00:05:16 | |
We have an updated current forecast. | 00:05:21 | |
Which you can see it's kind of a. | 00:05:24 | |
More of a straight line because it's just based on some some assumptions. For example. | 00:05:26 | |
Nationally. | 00:05:31 | |
The rule of thumb on the increased value of real estate overtime is 4%. | 00:05:33 | |
If you actually look at the average. | 00:05:39 | |
In our region, in Utah County, in nearby communities. | 00:05:42 | |
We've actually been outpacing 4%, so 4%. | 00:05:47 | |
Which is the assumption in this model is. | 00:05:50 | |
Fairly conservative. | 00:05:53 | |
For what's actually been happening. | 00:05:55 | |
When you look at the. | 00:05:57 | |
To date, development within the project area, it's about half residential, half commercial. | 00:05:59 | |
We've taken that into account as we've. | 00:06:04 | |
Built this model. | 00:06:06 | |
So I just wanted to show you this. | 00:06:08 | |
Set of data. There's a lot of data points here, but I think it's helpful to look at it visually. | 00:06:10 | |
In a chart like this, this is LinkedIn the packet. | 00:06:15 | |
This online live chart so you can go back and look at the data and kind of interact with it. | 00:06:19 | |
I just wanted to pause there and see if there's any questions about. | 00:06:25 | |
This particular. | 00:06:28 | |
Piece of data in this update. | 00:06:29 | |
Any questions from the board? | 00:06:33 | |
Just a clarification or a clarifying question? | 00:06:35 | |
In this chart, is it safe to assume that 2024 and previous are actuals and everything? | 00:06:40 | |
2025 and newer, is the projection correct? Yeah, great question and that's kind of why you see a lot of. | 00:06:46 | |
Sort of organic if you will, movement in the data points up until 2024 and then from 2024 more of a straight line just prediction. | 00:06:54 | |
More of a trend line, if you will. | 00:07:03 | |
So yeah, that's a great clarification. | 00:07:05 | |
These blue figures here are all actual values overtime. | 00:07:08 | |
The dips here that you see in 2023 have a lot to do with the centrally assessed. | 00:07:13 | |
Values of the equipment that's installed at the power plant. | 00:07:19 | |
Those are assessed as real estate values, but they're actually assessed by the state. That's why they're called centrally | 00:07:23 | |
assessed. And as you recall, Rocky Mountain Power Pacific Corp. | 00:07:28 | |
They appealed their valuation of their equipment. | 00:07:33 | |
And uh. | 00:07:38 | |
They won a settlement which was a reduction in the assessed value of that. | 00:07:40 | |
Of that property. So that's why you see a dip here in valuation. | 00:07:44 | |
And you also saw. | 00:07:48 | |
A correlating dip in the actual revenue to the RDA as a result. | 00:07:49 | |
Great question. And where did you say you can find this? Is it on the? | 00:07:59 | |
The city website, yes, well, eventually we're going to get this posted on the city website, but right now this particular online | 00:08:03 | |
chart, it's it's publicly available and it's LinkedIn the memo. | 00:08:09 | |
That's part of the tonight's agenda packet for the RDA meeting. So in that memo. | 00:08:14 | |
There's a hyperlink to each of the charts that I'll share so that you can also access them online. | 00:08:20 | |
Any other questions about this particular? | 00:08:30 | |
Item. | 00:08:32 | |
OK. I'll move to the next item in the memo. | 00:08:34 | |
Now this item is about. | 00:08:37 | |
What is called the mitigation payment to the Alpine School District. | 00:08:39 | |
So. | 00:08:44 | |
When the project area was set, one of the concepts was that. | 00:08:45 | |
If residential development. | 00:08:50 | |
Outpaced commercial development. | 00:08:53 | |
And if there was a high amount of residential development, that was? | 00:08:55 | |
Occurring prior. | 00:08:59 | |
To the development of commercial. | 00:09:01 | |
Properties. | 00:09:03 | |
The concern was that because residential properties have a tax exemption. | 00:09:04 | |
Their assessed value Whether taxable value is lower. | 00:09:10 | |
It could create a situation where the school district is serving the. | 00:09:13 | |
The students that might come from the various households that move into the community, into the residential areas. | 00:09:18 | |
And because of that residential exemption on residential property. | 00:09:23 | |
This residential development, if it outpaced commercial development, would create a scenario where. | 00:09:27 | |
The school district was serving a lot of students but not receiving a whole lot of revenue as a result. | 00:09:32 | |
And so one of the agreements that the RDA made as the process of adopting the plan and setting the original. | 00:09:38 | |
Proposed Budget. | 00:09:44 | |
Was they agreed to a mitigation payment? | 00:09:46 | |
And the mitigation payment was to be calculated. | 00:09:49 | |
Based on a what they call in the documents a shortfall. | 00:09:52 | |
And the shortfall was defined as. | 00:09:56 | |
The what they call the expenses of the school district, which was set. | 00:09:59 | |
At an amount of. | 00:10:04 | |
Of 700 and. | 00:10:06 | |
$39.80 or something like that per. | 00:10:08 | |
Household unit or per. | 00:10:11 | |
You know, housing unit. | 00:10:14 | |
And by the way, just as a precursor. | 00:10:16 | |
This does not. | 00:10:20 | |
Include. | 00:10:21 | |
Or have anything to do with the base value, so just again as a refresher. | 00:10:23 | |
The base value of the LAN set in 2006. | 00:10:28 | |
The Alpine School District and all the other taxing entities continue to receive 100% of the tax revenues. | 00:10:31 | |
From the base value of $120 million for the whole project area. So the the idea was that if the land was just left vacant and not | 00:10:38 | |
developed, this base value of $120 million. | 00:10:45 | |
Whoever owned that land, private developers, etc. Would still have to pay. | 00:10:51 | |
Taxes and 100% of those taxes. | 00:10:55 | |
That of that base value would go to all the taxing entities, school district included. | 00:10:58 | |
Well, on top of that, tax revenue. | 00:11:03 | |
The idea was that well. | 00:11:06 | |
The growth in the value of the. | 00:11:08 | |
Taxable land. | 00:11:11 | |
In the project area. | 00:11:13 | |
Umm, the increment, which is the tax increment financing, that's the revenue that is diverted in a sense to the RDA for the, for | 00:11:14 | |
the. | 00:11:18 | |
You know, for the financing of redevelopment. | 00:11:23 | |
75% of that incremental additional. | 00:11:26 | |
Taxable value and taxable and tax revenue. | 00:11:30 | |
75% of it would go to the RDA. | 00:11:33 | |
And only 25% of that incremental tax revenue would go to the various taxing entities the school district included. | 00:11:36 | |
So. | 00:11:43 | |
They came up with this mitigation formula where they said OK. | 00:11:44 | |
Well, if we look. | 00:11:47 | |
At this ASD Alpine School District expense amount of the $739.80. | 00:11:49 | |
Per housing unit. | 00:11:57 | |
As our kind of baseline expense on top of what we're receiving on that base revenue. | 00:11:59 | |
If we look at that expense. | 00:12:03 | |
And the difference between that expense? | 00:12:05 | |
And the incremental revenue? | 00:12:08 | |
To the. | 00:12:11 | |
To the school district that they're 25% share if you will. | 00:12:13 | |
If the difference between those two things was high. | 00:12:18 | |
The the school district might be incurring this shortfall, and so the mitigation payment was 40% of that shortfall. | 00:12:21 | |
And So what this chart shows is. | 00:12:29 | |
Overtime. | 00:12:32 | |
That what that shortfall would be calculated as based on. | 00:12:33 | |
Housing units. | 00:12:39 | |
That are developed and given certificate of occupancy. | 00:12:40 | |
Along with the amount of revenue that the school district receives as their. | 00:12:45 | |
25% share of the increment. | 00:12:49 | |
Plus the 100% they receive. | 00:12:52 | |
Once phases have expired or prior to phases being triggered. | 00:12:55 | |
OK, so. | 00:12:59 | |
The red line is what that. | 00:13:00 | |
Assumption of revenues would be to the school district. | 00:13:03 | |
Both actuals to date with projections for the future. | 00:13:07 | |
And then the green line is what that expense amount would be? | 00:13:11 | |
So the mitigation payment would be equal to 40%. | 00:13:15 | |
Of the total gap. | 00:13:20 | |
When you look at it over the life of the project area. | 00:13:22 | |
So you look at it from the beginning to the end of the project area. | 00:13:26 | |
You look at the total. | 00:13:31 | |
Revenues that would pass through to the school district. | 00:13:33 | |
Plus this expense calculation. | 00:13:35 | |
And 40% of the gap. | 00:13:38 | |
Would be the mitigation payment. | 00:13:40 | |
So when they originally adopted the plan and adopted the budget, there was discussion among the taxing entity committee. | 00:13:42 | |
About whether or not the mitigation payment was necessary. | 00:13:49 | |
Some thought based on their own forecasting. | 00:13:53 | |
That the mitigation payment was unnecessary because it wouldn't materialize that there was a shortfall. | 00:13:56 | |
But they went ahead and included the mitigation payment as a sort of insurance policy, if you will. | 00:14:02 | |
Just in case. | 00:14:08 | |
And so can can we, can we put names of like who put that shortfall in? | 00:14:09 | |
I've been reviewing the minutes and it's not clear. | 00:14:15 | |
A person that put it in it was part of the original plan. | 00:14:19 | |
And so the mitigation payment was part. But why didn't it come in until now though? Or until just a few years ago? | 00:14:23 | |
No, it's in the original plan. | 00:14:31 | |
So the original plan adopted in 2011 had an addendum, which included a bunch of information that are, oh, it's in an addendum then | 00:14:33 | |
OK. | 00:14:37 | |
Yeah. So it's not, it's a good point. I was going to say it's not in the original and I saw the addendum. | 00:14:41 | |
And it's wise. I mean, we're very lucky that that was put in. | 00:14:46 | |
Yeah, it's a good point. So the original plan doesn't talk about the mitigation payment, but. | 00:14:50 | |
Again, the plan is really confined to more the vision and the plan for the area and the development. | 00:14:55 | |
The mitigation payment portion comes in in the form of the budget. | 00:15:01 | |
So the budget that was adopted along with the plan includes a note. | 00:15:05 | |
And the note in the budget spells out the mitigation payment and then if you look at. | 00:15:09 | |
The meeting of the Taxing Entity Committee in 2011. | 00:15:13 | |
There was some discussion about that budget and about the calculation of that mitigation payment. | 00:15:16 | |
And that's where you see some discussion about. | 00:15:21 | |
What will the mitigation payment? | 00:15:24 | |
Be necessary or not? Well, it really depends on the performance and the value, right? | 00:15:26 | |
Can I make a comment? | 00:15:31 | |
I think it's really important that people understand what this means, because if the RDA did not. | 00:15:33 | |
Produce. | 00:15:40 | |
This is like a insurance policy. | 00:15:41 | |
To ensure that Alpine School District would have sufficient funds. | 00:15:44 | |
To pay because. | 00:15:49 | |
They are saying we're not going to get. | 00:15:50 | |
We're going to give up our money for our schools. | 00:15:53 | |
But in case the RDA is not functioning to that level. | 00:15:56 | |
We're going to have a mitigation thing to say. | 00:15:59 | |
We're still going to get paid and we're not going to give it. | 00:16:02 | |
And I think that's really important because there's five entities within the RDA. | 00:16:06 | |
The only person that has a mitigation payment. | 00:16:10 | |
Is the school district. | 00:16:13 | |
The city doesn't. | 00:16:15 | |
And so as the RDA hasn't functioned. | 00:16:16 | |
To the levels of what it was the. | 00:16:19 | |
It's kind of like the five of us were going down the road and they said. | 00:16:22 | |
We're concerned that this might not function. | 00:16:25 | |
And one of the five put that in to say, if it doesn't, we still want to make sure that there's a base minimum. | 00:16:29 | |
Because Vineyard doesn't have. | 00:16:35 | |
A mitigation in there. | 00:16:37 | |
When it has underperformed. | 00:16:39 | |
There is no mitigation to separate. | 00:16:41 | |
So for the past couple years, our city has said. | 00:16:45 | |
In order to overcome that shortfall, we don't have a mitigation. | 00:16:48 | |
The only results we have is to increase other sales tax or property taxes. | 00:16:52 | |
And I did know this mitigation payment was and I think it's wise to be honest with you. | 00:16:58 | |
We would be screwed. Our school districts and our students would be. | 00:17:02 | |
Because we all hoped that the RDA would. | 00:17:07 | |
Produce more of a business revenue. | 00:17:10 | |
Than what it has, but I'm I'm glad that that was foresaw. | 00:17:13 | |
My only thing is is. | 00:17:18 | |
Who in Vineyard was there and we why we didn't put something in there to safeguard us when it started to fail or the other | 00:17:20 | |
entities? | 00:17:24 | |
Wife the other four of the five. Is there any proof that the other. | 00:17:29 | |
For why they didn't, why they were the only ones that were able to carve out and the other four weren't. | 00:17:32 | |
It really seems that the discussion of the taxing entity committee was about the the concept that the school district would would | 00:17:38 | |
have to serve students that would come from the vineyard area and so as household units started to. | 00:17:45 | |
Develop and families moved in, they would still have to serve students and if there was this shortfall in revenue. | 00:17:52 | |
That would create a pinch for the school district. I don't know that that specific conversation about sort of the level of service | 00:17:59 | |
was discussed by other members of the taxing entity committee. To your point about representatives from the city, the county, the | 00:18:04 | |
water district. | 00:18:08 | |
ETC. | 00:18:13 | |
And one of my issues is that the documentation of the exact person. | 00:18:15 | |
From venue, who is representing Vineyard in that taxing entity committee and who was representing the school district is really | 00:18:20 | |
quite. | 00:18:23 | |
Vague. It's just like, hey, we have the document, but it's like. | 00:18:26 | |
Who who actually did that? And then the other thing is, is. | 00:18:30 | |
I mean, these are forecasts. So these are all really good people, but we all. | 00:18:36 | |
Back in the day it was hoped that businesses would would be front loaded. | 00:18:40 | |
And not so many houses, right? | 00:18:44 | |
And so. | 00:18:47 | |
We're actually grateful that the mitigation was school district because with more houses comes more schools. | 00:18:48 | |
And because it was population that came so much more heavily than businesses. | 00:18:54 | |
We're grateful that our that our schools are protected. | 00:19:00 | |
However, it puts us in a. | 00:19:03 | |
A bind as a city where we're. | 00:19:05 | |
You know, hoping. | 00:19:08 | |
For businesses, it kind of hurts us more. | 00:19:09 | |
So and to date, kind of based on what I was discussing with the last chart to date, the development in the project area has been | 00:19:13 | |
5050 in terms of acreage, commercial and residential. And so the concern was that it might be even more unbalanced. | 00:19:19 | |
In the favor of residential which? | 00:19:26 | |
Largely didn't materialize, which is why there's not been. | 00:19:28 | |
A necessity to make a mitigation payment, and likely won't be. | 00:19:32 | |
Because the red line is the ASD revenues and the green lines the expenses. The reason the expenses decline overtime. | 00:19:36 | |
Is because some of the phases in the project area will expire. | 00:19:43 | |
And then the school district and other taxing entities will receive 100% of the tax revenues for those. | 00:19:49 | |
For those parcels. | 00:19:55 | |
And so if you look at the the burden, if you will, on the school district. | 00:19:57 | |
Of current. | 00:20:01 | |
Housing units. | 00:20:03 | |
That are producing. | 00:20:04 | |
Increment. Umm. | 00:20:06 | |
RDA revenue. | 00:20:07 | |
Those will decline when those phases expire and when those phases expire. | 00:20:09 | |
The revenue to the school district. | 00:20:14 | |
Balloons and so that was kind of the hope is that that that's the model of tax increment financing so. | 00:20:16 | |
And that the reason you see this gap kind of in the mid middle years is? | 00:20:22 | |
Is because that's when. | 00:20:25 | |
The large chunk of most of the parcels in the phases are all being triggered for increment revenue. | 00:20:27 | |
But then as they expire, then those housing units are no longer. | 00:20:35 | |
In a shortfall. | 00:20:38 | |
Sort of scenario for the school district. | 00:20:40 | |
So let me make sure I got this right. So the. | 00:20:44 | |
The technicality of that money is, is that it? | 00:20:47 | |
It is still paid for by. | 00:20:50 | |
The property owner. | 00:20:53 | |
Yes, that money goes to the Tax Commission. | 00:20:55 | |
The Tax Commission then rebates that back to us. | 00:20:58 | |
And we look at that and go because of the shortfall. | 00:21:02 | |
This mitigation applies and so instead of giving that to the. | 00:21:05 | |
RDA It then cuts a check to Alpine School District to cover the cost of the students right. It would be an obligation of the RDA | 00:21:08 | |
to make a payment to the school district if and when the shortfall applies. Applies right and. | 00:21:15 | |
When did it start to apply? | 00:21:23 | |
The first year it hasn't. It hasn't yet. | 00:21:26 | |
We're here in 2024, right here. | 00:21:28 | |
There was this crossover for a time that has largely to do with that centrally assessed value. | 00:21:32 | |
But there was a surplus given to the school district prior to this time. | 00:21:37 | |
And so when that surplus? | 00:21:42 | |
Is exceeded by future revenues. | 00:21:44 | |
Then we'll have an obligation to potentially make a 40% payment. | 00:21:47 | |
But you have to look at it. | 00:21:51 | |
Over the lifetime of the. | 00:21:53 | |
Of the existence of those tax increment financing horizons. | 00:21:56 | |
And when you forecast it right now, there's unlikely to be a mitigation payment. There is. | 00:22:00 | |
There's unlikely to be one. There won't be. There likely will not be a mitigation payment until 2035. Well, forever, because. | 00:22:05 | |
This is the surplus here that the school district receives. | 00:22:13 | |
Exceeds the shortfall here. | 00:22:17 | |
And the mitigation payment is 40% of the shortfall. | 00:22:20 | |
So you would take this green area. | 00:22:25 | |
And multiply that by 40%. | 00:22:28 | |
And then weigh it against the surplus areas. | 00:22:31 | |
In the red Oh, they get to take positives from previous years. | 00:22:34 | |
That's tough. Yeah. It's over the whole, the way it's outlined is it's over the whole lifetime of the project area. | 00:22:39 | |
So we're going to be in the we're going to be in the negative, but because they were positive in. | 00:22:46 | |
Oh, 10 to 20. | 00:22:51 | |
20 something 3. | 00:22:53 | |
They're going to bank off of that. | 00:22:55 | |
And what is our school districts do during that time? They just go, hey, you. | 00:22:58 | |
You're out of luck. | 00:23:03 | |
Right, Yep, that's the way it's outlined is it's it's you know, over the lifetime of the project area does our school districts | 00:23:05 | |
and split like they. | 00:23:10 | |
Because that's one of the things that they've been. | 00:23:14 | |
On the calls for me is. | 00:23:16 | |
How little revenue is coming from? | 00:23:18 | |
Vineyard for the split. | 00:23:20 | |
On the school district side, so. | 00:23:24 | |
That gap, they're looking at it going well, you already got previously paid at a higher clip. | 00:23:25 | |
And so therefore. | 00:23:31 | |
Here to 2035. | 00:23:32 | |
They're gonna be. | 00:23:35 | |
They're not shortened because they were paid previously, but. | 00:23:38 | |
No revenues are coming in. | 00:23:42 | |
On the financial side? | 00:23:44 | |
Right. | 00:23:46 | |
They're still getting revenue. | 00:23:48 | |
Right, right. But just the the ASD expense of what it actually cost? | 00:23:50 | |
So can they? Would they then? | 00:23:55 | |
Because they've got to make their budget so. | 00:23:58 | |
Do they have the power to then up our tax their tax rate? | 00:24:00 | |
To the whole. | 00:24:05 | |
The new Timpanogos district to. | 00:24:07 | |
Because they've got to be able to make up that shortfall of the cost per student, right? | 00:24:10 | |
Well, I mean, it depends. What we don't really actually know is how many students are they serving per household in Vineyard? | 00:24:14 | |
There's a lot of younger families that are moving in that that don't yet have school age children. | 00:24:22 | |
So I mean, these were all just estimates, you know that. | 00:24:27 | |
Were baked into a payment amount. | 00:24:32 | |
But you know how much they actually. | 00:24:34 | |
Require. | 00:24:36 | |
Spend on this area. Those are sort of data points the school district would be maintaining. | 00:24:37 | |
But of course, there's the windfall, if you will, that comes later. | 00:24:43 | |
I'd like to see. | 00:24:49 | |
And I know we don't have the. | 00:24:51 | |
Organizational structure yet to. | 00:24:53 | |
To see this, but as soon as we have any information about how any of this translates to the new school district. | 00:24:55 | |
It would be. | 00:25:01 | |
Really informative to the community for us to actually see that analysis. | 00:25:03 | |
And the other. | 00:25:07 | |
Question I had. I guess that was a comment, not a question. | 00:25:09 | |
But the question I have. | 00:25:12 | |
Is I understand that it's cumulative. | 00:25:14 | |
But when we're seeing that large gap between, you know, starting in, you know, 2026 ish and going through. | 00:25:19 | |
2035. | 00:25:26 | |
Umm, I. | 00:25:29 | |
I'm struggling to understand how that can be balanced by future projections. | 00:25:31 | |
Even if it's cumulative. | 00:25:36 | |
Because at the point in time when that happens, that shortfall. | 00:25:38 | |
Is a. | 00:25:42 | |
True shortfall, even if it gets made-up in the future. | 00:25:43 | |
Well, keep in mind that the shortfall. | 00:25:47 | |
Is not. | 00:25:50 | |
An actual thing. It's a concept. | 00:25:51 | |
It's a concept that drives the agreement that forms the basis of the mitigation payment. | 00:25:53 | |
Know what they actually spend? | 00:26:00 | |
But a couple of other things to keep in mind about the projected revenues. | 00:26:03 | |
You can see how these lines are kind of straight, whereas these lines prior to 2024. | 00:26:08 | |
Are more organic. | 00:26:12 | |
Again, that's because these. | 00:26:14 | |
Conservative projections, One of the things that. | 00:26:16 | |
That is actually happening with values and one of the reasons that. | 00:26:19 | |
Values in the project area have actually gone up faster than originally predicted. | 00:26:23 | |
Is because of the addition of business personal property. | 00:26:28 | |
As well as commercial property. | 00:26:32 | |
If you think about the horizon, the future horizon of the things that are most likely to be developed in the near future. | 00:26:34 | |
There's a lot of commercial properties about to be developed. | 00:26:40 | |
And so it is quite possible. | 00:26:43 | |
Projected gap. | 00:26:46 | |
Would shrink even from this projection I'm showing right now. | 00:26:47 | |
And that would. | 00:26:51 | |
Two major reasons. | 00:26:53 | |
One being. | 00:26:55 | |
Business personal property that is taxed as. | 00:26:56 | |
Commercial entities come online even as home based and other small businesses come online. | 00:26:59 | |
They have to pay business personal property tax. A lot of these estimates are just based on real estate values. | 00:27:04 | |
And business personal property is part of property taxes that also go to all the taxing entities, school district included. | 00:27:09 | |
And then the other component of this is commercial property. | 00:27:16 | |
Which is taxed at 100% rather than the residential exemption of 60%. | 00:27:19 | |
So, umm. | 00:27:24 | |
Umm, so those two factors might actually shrink this projected gap. | 00:27:25 | |
But because those are. | 00:27:30 | |
Hard to predict, they're not baked into our model here. | 00:27:31 | |
My concern and I actually saw these numbers from the folks that came to me about the mitigation was. | 00:27:39 | |
That it's. | 00:27:48 | |
It's easy to hide this shortfall when we're talking about 16 to 18 cities in Alpine School District because it's a massive thing | 00:27:52 | |
in vineyards, rather small. | 00:27:56 | |
With now us going to a small school district with four cities. | 00:28:01 | |
It magnifies that budget short. | 00:28:05 | |
Gap fall of the RDA and it and it amplifies like why isn't Vineyard? | 00:28:08 | |
You know, paying their share of. | 00:28:13 | |
Of the student cost right and. | 00:28:16 | |
You know, and I know you can say, hey, we got paid higher in 2010, but now it's not coming in. | 00:28:18 | |
And. | 00:28:23 | |
The documents that I saw. | 00:28:24 | |
It's Rob Smith and. | 00:28:26 | |
And those there was like this argument of like just. | 00:28:29 | |
Just get it done. | 00:28:33 | |
And it'll, it'll come. | 00:28:35 | |
And like. | 00:28:38 | |
I don't know, it just it didn't. | 00:28:39 | |
And so it's like instead of focusing on the negativity, it's like, well, what, what? What do we now? And my other argument is | 00:28:42 | |
like. | 00:28:46 | |
Umm, I think it would have been, I think that person from the school district to say, hey, let's have mitigation. | 00:28:53 | |
Plan. | 00:28:59 | |
The city should have had a mitigation plan if it didn't succeed. | 00:29:00 | |
To that level, just because it's an insurance policy, it's like if the RDA isn't. | 00:29:03 | |
Successful that money still is coming in and the. | 00:29:07 | |
Citizens would. | 00:29:11 | |
And it would motivate the developer dramatically. And that's actually the motivation that I'm looking for of like. | 00:29:12 | |
Great. We're giving you this money in 2011 and now in 2025, fourteen years later, it's like. | 00:29:19 | |
It didn't happen. | 00:29:25 | |
And Alpine School District. | 00:29:27 | |
Thank heavens has that mitigation policy, but we don't. | 00:29:29 | |
And so we are in. | 00:29:32 | |
And and so it's like. | 00:29:34 | |
Can we? | 00:29:36 | |
Legally put in a mitigation plan. | 00:29:37 | |
For us to protect our taxpayers and our base like the school district did, if one of four of them did it, why? | 00:29:40 | |
Why can't we? And I see that as motivation to. | 00:29:46 | |
You better start selling your property. | 00:29:49 | |
You know, quickly or. | 00:29:51 | |
Because why wouldn't that be motivating that to them? One thing to think about is that. | 00:29:54 | |
The RDA is accelerating. | 00:29:58 | |
The development of the city's infrastructure, that would be a city financial obligation anyway. And so the city in many ways is is | 00:30:00 | |
winning. | 00:30:05 | |
Because the city is able to use this tax increment financing revenue. | 00:30:10 | |
To actually build streets and roads. | 00:30:14 | |
Sidewalks and public infrastructure that the city would have to pay for anyway and so. | 00:30:16 | |
But what did he actually get? A huge windfall in the form of upfront. | 00:30:22 | |
Financing and development of infrastructure. | 00:30:26 | |
Well, I get that, but when you say the city. | 00:30:28 | |
Most developers pay for their infrastructure, not the city. We they just put that as part of an impact fee. | 00:30:31 | |
I mean, cities can finance to some, right? But. | 00:30:38 | |
But we would be smart enough to say you're paying for your roads, not, not us. I mean, right now our RDA money is paying for their | 00:30:41 | |
infrastructure. And I think that's the other thing that's a little bit different with us, it's like. | 00:30:46 | |
We need Utah City and others developers to pay for their own infrastructure, not our. | 00:30:52 | |
Not our tax base. We wouldn't even have the ability to build out. | 00:30:57 | |
Because we would not have the homes or the businesses here without the. | 00:31:01 | |
Remediation, right, but the impact fees would pay for? | 00:31:06 | |
The impact fees of what? To the developer? What developer? | 00:31:10 | |
The current developer. Just like any other developer, there's needed remediation for any development. | 00:31:13 | |
There would be no development. | 00:31:20 | |
OK. Yeah, keep going. | 00:31:24 | |
Well, just to refer back to, you know, in terms of what the model was, so the original model. | 00:31:27 | |
Was with the conservative estimates that there would be a total mitigation payment over the life of the RDF 12.2 million. | 00:31:32 | |
Based on current forecasts, there's zero mitigation payments, so in a lot of ways the school district has performed better to the | 00:31:39 | |
tune of over $12 million. | 00:31:44 | |
By not having the gap, and that's kind of what this chart shows is where. | 00:31:49 | |
This gap between the red line and the blue line. | 00:31:53 | |
Is the original estimate versus where we're on track actually. | 00:31:55 | |
Because there's been a lot faster and higher growth in value. | 00:31:59 | |
The school district has received more revenue than they were. | 00:32:04 | |
Expecting from the original estimate. | 00:32:08 | |
Which is why there hasn't been a mitigation payment. | 00:32:10 | |
That was originally estimated to be upwards of 12.2 million, so. | 00:32:12 | |
Even though there is this gap in the chart. | 00:32:17 | |
This gap originally would have been much larger. | 00:32:19 | |
All right. Any further questions? | 00:32:29 | |
Do you have more slides? Nope, that's it. So. | 00:32:35 | |
Both of these charts are linked and pasted in your memo. They're available online and we'll continue to update this data as we get | 00:32:37 | |
more data each year. | 00:32:41 | |
And as we sort of update our forecasting models? | 00:32:46 | |
But I thought these two slides would be helpful based on a lot of previous discussions. | 00:32:50 | |
Excellent. Thank you for sharing. | 00:32:54 | |
All right, can I get a motion to approve the consent items? | 00:32:56 | |
Or discussion. | 00:33:00 | |
Yeah. | 00:33:03 | |
I move to approve and adopt the consent items as presented. Thank you. We have a 1st vice. Sarah, can I get a second? | 00:33:09 | |
Second. Second by Brett, all in favor. | 00:33:16 | |
Awesome. At this time we have to go into a closed session. We will be back for our business item right after. | 00:33:19 | |
Were you wanting to make the motion? No, I wanted to make a comment. I. | 00:33:26 | |
I feel the need to ask Jamie if there's any way that we can disclose the topic of the closed session. | 00:33:30 | |
Or at least some of it. | 00:33:37 | |
Outside, because I feel citizens have a right to know at least some of it. Does all of it have to be there? | 00:33:39 | |
The board can't. | 00:33:44 | |
Take any action in closed session. So the purpose of the closed session would be to update you all. | 00:33:46 | |
And then after the update when you take action we can. | 00:33:51 | |
Do a presentation and a summary for the public before the Council takes its but for. | 00:33:55 | |
What you're saying, Yes, when you go into emotion you always state what the purpose is for. | 00:34:00 | |
In this case, it's item a strategy sessions to discuss pending a reasonably imminent litigation. | 00:34:06 | |
And when you make the motion, whoever that is, you will state that as our purpose. | 00:34:13 | |
Right. I'm not saying the reason, I'm just saying that I really believe. | 00:34:17 | |
A great percentage of this should be debated or talked about prior to the closed session. | 00:34:22 | |
Maybe not the dollar amounts or different sums, but like. | 00:34:28 | |
The overall idea or concept? | 00:34:32 | |
Of the citizens and the third party of the right to know. | 00:34:35 | |
Is that available? Isn't that what the discussion when we come back is about? | 00:34:38 | |
Correct. | 00:34:43 | |
So we'll, we'll have the discussion. | 00:34:44 | |
Privately. | 00:34:47 | |
And then we'll. | 00:34:49 | |
We'll be able to. | 00:34:51 | |
Discuss openly. | 00:34:52 | |
Yeah, yeah. | 00:34:53 | |
OK, can I get a motion? | 00:34:55 | |
Can I? I might. | 00:34:57 | |
I might clarify the reason why. | 00:34:59 | |
For Councilmember Holdaway, because I think it's important. | 00:35:01 | |
Anytime you're confronting litigation, you have to be careful about. | 00:35:04 | |
What the city as an entity or representatives of the city say about a matter. | 00:35:08 | |
Because what you say could be used as evidence in a court proceeding against you. | 00:35:13 | |
And so the reason for the closed session discussion is that you can. | 00:35:18 | |
Receive openly legal advice on a matter and you can discuss the matter. | 00:35:22 | |
Within that closed session without fear of your discussion. | 00:35:27 | |
Being used against you in a court and so that's why we do the closed session conversation, talk about the contours of the matter. | 00:35:31 | |
You can't approve a settlement agreement or. | 00:35:38 | |
Any kind of action in a closed session, so we would come back after depending on. | 00:35:41 | |
How the discussion goes and if the Council. | 00:35:46 | |
Wants to pursue settlement on the matter. | 00:35:50 | |
Then we can present the details to the public at that time. | 00:35:52 | |
You'll remember. | 00:35:56 | |
Was probably 6 to 12 months ago we had a matter with Comcast. | 00:35:59 | |
That we settled and this is the same format that we. | 00:36:04 | |
Yeah, I just I. | 00:36:07 | |
I just know being in this position, I feel that. | 00:36:11 | |
The citizens right to know on the topic prior but so we'll go into a closed session. | 00:36:16 | |
Talk about it and then we can come out and debate it before we vote on the merits of the settlement. | 00:36:21 | |
Correct. So you would come into open session and then if if the board. | 00:36:29 | |
Of the RDA decides to move forward with the settlement agreement and that agreement will be presented. | 00:36:33 | |
I can provide a summary of what the agreement provides for and a summary of the dispute. | 00:36:38 | |
And then at that point in time you can. | 00:36:43 | |
Vote and discuss. | 00:36:46 | |
As part of that voting process. | 00:36:48 | |
Whether to support? | 00:36:51 | |
Settlement or not in open meeting? | 00:36:52 | |
But I. | 00:36:55 | |
I don't want to. | 00:36:56 | |
Make a promise that maybe wouldn't occur if in the closed session, the council decides not to move forward with settlement. | 00:36:58 | |
Then we would be left in a situation where the city would face litigation and I would not recommend. | 00:37:05 | |
An open discussion of the topic. | 00:37:11 | |
In that way. | 00:37:13 | |
We have to protect the city against. | 00:37:14 | |
Its enemies in the litigation matter. | 00:37:18 | |
Yeah, I I definitely agree with not opening us up to litigation. I'm just wondering like how the citizens would be able to opine | 00:37:20 | |
during or like have a. | 00:37:25 | |
Question and answer period. | 00:37:30 | |
Of the problem because I know. | 00:37:32 | |
Just how much this effects? | 00:37:33 | |
A certain group that I'm like. | 00:37:37 | |
I would want to know prior the issue and petition my elected officials is all and I'm like so I don't know how to do that. I think | 00:37:40 | |
it's been made clear that anything that the council would move on or make a decision on. | 00:37:47 | |
Would go before the public. | 00:37:54 | |
And so if there was a need to have further discussion or action items, the public would have that same engagement that we do with | 00:37:55 | |
any items we move forward on. | 00:38:00 | |
With that being said, it looks like those are the parameters that we work inside of, so we need to go into a closed session. | 00:38:07 | |
Can I get a motion? | 00:38:13 | |
Yes. | 00:38:18 | |
OK, can I get a motion from someone? | 00:38:21 | |
I moved to go into a closed session immediately in the. | 00:38:27 | |
Conference room. | 00:38:30 | |
For a strategy session to discuss pending or reasonably imminent litigation. | 00:38:32 | |
All right, we have a first by Sarah. Can I get a second? | 00:38:37 | |
Second all in favor, aye. | 00:38:40 | |
Oh, roll call, Jake. | 00:38:42 | |
No. | 00:38:44 | |
Aye, aye, Sarah. | 00:38:46 | |
All right, we will be back. | 00:38:49 |