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Event transcript
All right. We're going to go ahead and get started. 00:00:06
Today is Wednesday, December 27th, 2023. I'm going to ask everybody to write down the time is 6 O1 and we're going to get this 00:00:10
vineyard City Council session started. 00:00:16
We'll go ahead and start with an invocation, inspirational thought and Pledge of Allegiance, and that will be offered by 00:00:22
Councilman Council Member Wells. 00:00:26
All right. With your heavenly Father. We're very grateful to be gathered here this evening. 00:00:32
Residents and council and staff of Vineyard City and we're grateful. 00:00:40
Be able to think about. 00:00:48
Where we live and. 00:00:52
Make thoughtful decisions and. 00:00:55
Pray that we will do so tonight and. 00:00:58
We pray for those in our community who are serving as first responders, military. 00:01:02
We're grateful for their. 00:01:11
Especially at this time. 00:01:13
Grateful for our very many blessings and grateful. 00:01:17
In this beautiful city, in our state and in this country, and say these things anyone of Jesus Christ. Amen. 00:01:20
All right, That brings us right into our consent agenda. 00:01:35
Unless there are any questions or need for discussion, I just need a motion. 00:01:50
I move to approve the consent items as presented. 00:01:57
Second first by Amber, second by Christy. All in favor. 00:02:00
OK, Amber. Aye. Yay, Marty. Yay, Krusty. All right. 00:02:05
We have a few appointments that we need to do. As I recall, our North Point Solid Waste Special Service District Board was a 00:02:12
member was our last city manager. I would like to change that and appoint our new City Manager. 00:02:19
Does anybody have any questions about that? 00:02:27
Position. Otherwise I need a motion. 00:02:29
We adopt Resolution 2023-61, approaching the Mayor's appointments as presented to dissolve those Special Service District. Thank 00:02:33
you, Tye. Second, Second by Amber. Does this need a roll call? Tice, Amber, Aye. Yay, And Marty Christy. All right. 00:02:41
3.2 is the appointment to the Central Utah 911 resolution 20/23/62 This is a similar situation. Do you guys have any questions 00:02:50
about this? 00:02:55
I need a motion. 00:03:03
There are going to be that resolution 2023 Dash 62. 00:03:05
Building deployments and 911. 00:03:09
First by tight second. Second by Christy Tice, Amber I. Yay Marty. Yay Christy okay, Planning Commission. 00:03:13
I. 00:03:23
Two people as well. I have one person that I would like to add as an alternate. 00:03:24
Potentially as a permanent seat, dissipating Roton. 00:03:30
And then I have somebody that's an alternate potentially moving to a permanent seat, Bradley. 00:03:33
I want to go and call them and ask them which one would like to move into those positions. Do you guys feel comfortable with 00:03:38
either of them being in a permanent seat and either of them being in an alternate? 00:03:43
OK then can I get a motion to approve them for those positions? 00:03:49
I move to approve Bradley Vad and Keaton Rosen to the Planning Commission. 00:03:56
Second, First by Amber, Second by Christy. All in favor? Aye? All right. 00:04:00
Let's see. Hold on one second. 00:04:09
One second before that happens. 00:04:13
I have a quick legal question I have to ask. 00:04:17
Nathan. 00:04:37
All right, I have something that I'm going to quickly read so that I can allow for some public comments. 00:04:39
To ensure residents have an opportunity to address the Council, we ask all persons presenting to the City Council to speak in a 00:05:23
civil manner with due respect for the decorum of the meeting and with due respect for all persons attending. The following 00:05:27
policies shall apply. 00:05:32
OK, recognize to speak. No member of the public shall speak until recognized by the mayor. Speakers will be called in the order 00:05:38
they registered or queued behind the lectern. 00:05:43
If a representative is elected to speak for a group, we will discuss that at that time. Otherwise, if you agree with somebody, you 00:06:20
can always raise your hand, or you can also just state quickly that you have agreed. 00:06:26
Speakers that have come before you. 00:06:32
Speakers will be called in the order that they're queued. As I mentioned, when you are recognized, come here, state your name, 00:06:35
where you're from, and then proceed with your comment. We'll encourage open and honest dialogue. However, we also expect stability 00:06:41
and respect in all comments and interactions. Personal attacks, profanity, or disruptor behavior will not be tolerated. Please 00:06:47
keep your comments relevant to City business. Comments shall be limited to matters of fact regarding the issue of concern, if you 00:06:53
prefer not to speak. 00:06:59
Or if the time run runs out, written comments are welcome and they can be submitted to the city recorder and will include them in 00:07:05
the meeting record. 00:07:08
If a previous speaker has made a point already, please do not repeat the same information. You may simply state your agreement 00:07:13
with the previous comments to avoid redundancy. 00:07:17
No individual may address the City Council more than once during a single public comment period or public hearing. If you have a 00:07:23
question, we will take note and try to provide answers either during this meeting or at a later time. Public comment theories and 00:07:30
public hearings are not a time to depose elected officials or city staff once all residents have had a chance to speak or. 00:07:37
Or the allocated time for the public comment session or public hearings has ended. The public comment period or public hearing 00:07:44
will be closed. The council members and city staff will not respond during the public comment period. This time is for the City 00:07:49
Council to listen to your views. The council may address specific points raised after the conclusion of the public comment period 00:07:54
or hearing. 00:07:59
Is everybody feel comfortable with that? Any members of the public interrupting City Council proceedings during? 00:08:06
Or approaching the bench without permission. Otherwise, creating a disturbance or failing to abide by these rules or procedures, 00:08:13
and addressing the City Council shall be deemed to have disrupted a public meeting and, at the direction of the Mayor, shall be 00:08:18
removed from the City Council chambers by our Police Department or personnel. 00:08:24
Or another agent is designated by the City Council or City Manager. Thank you for your participation and for adhering to these 00:08:30
guidelines. Your input is valuable in shaping the future of Vineyard and so we will go ahead and open our public comment. 00:08:37
If you have a public comment about anything that is not on the agenda or on the agenda but not notice, please come and state your 00:08:45
name and go ahead and make your comment. 00:08:49
I'm Keith Holdaway. I live on Holdaway Road and Vineyard. 00:09:02
For about 100 years. 00:09:07
And I I I have a few questions that I'd like to ask the Council. 00:09:10
Did we really give the? 00:09:18
Theater and and the Top Golf. 00:09:20
Thing 25 years of free taxes. 00:09:24
Anybody want to speak up for all of you? Sorry, nobody will be giving answers during this time. We'll do it after the public. 00:09:29
OK, I'll wait for your answer. Because if I. 00:09:37
As I understand that they were given 25 year per. 00:09:39
Free, free taxes. 00:09:43
And the theater that this year paid pay taxes to Vineyard. But Vineyard? 00:09:45
Apparently. 00:09:50
Reimburse them 980,000. 00:09:52
Is that is that really what we want to do with our tax money? 00:09:57
When we have tax. 00:10:02
Areas that. 00:10:04
I've told you this before, held sacred for a long time. And then we give them away. 00:10:06
Is that is that really what we want to do so so we everybody in the citizenry can pay more taxes because we have less in our town 00:10:11
cop. 00:10:17
I think that's really. 00:10:23
I'm really sad about that. 00:10:25
And that is absolutely wrong to do. 00:10:27
In 25 years. 00:10:30
There'll be advancements in computer and. 00:10:32
Facilities will grow old. Top Top Golf will be ready to tear down and do it again. 00:10:36
The electronics will be obsolete by then. They'll be new. Brand brand new. 00:10:44
Things that will come along and it'll change everything. And what have we received for it? Not a dime. 00:10:49
As a. 00:10:56
To me, that's really a sad situation, and we ought to be more responsible than that. I've said before we should never let a dime 00:10:58
of taxpayer money go, nor should we pave the way for these developers, whether it's top golf, the theater or anything else on the 00:11:04
North Side. 00:11:10
We don't need to pay the way pave the way for developers. That's up to them. 00:11:17
I would have rather seen us rather than give away 25. 00:11:22
Years of tax free. Let that ground sit. We sit in the middle of Utah Valley. 00:11:27
This is valuable. 00:11:33
And if you think that nothing's going to want to come here, we're sadly mistaken as a community, because they will. 00:11:36
They. 00:11:44
We just don't need to rush into it and we don't need to put down a silver lining on the ground for developers. 00:11:46
Because things will come and it'll come good. We just have to be patient. We have not been patient. 00:11:53
We have not been conservative, which I believe this area has been forever. 00:12:01
So I, I, I beg of you to take time. I'm very. I'm very sad about the rush. 24 hour minute notice. All right. It looks like your 00:12:06
time is up. Thank you, Keith. You all know how I feel. Thanks. 00:12:13
Hi, my name is Aubrey Bills and I live in the Elms and since this is our last meeting with this current council, I just wanted to 00:12:25
take a second. 00:12:29
Just publicly thank each of you for your efforts on behalf of our city. 00:12:34
I know we'll be missing losing 2 of you and um. 00:12:40
You both and all of you have done so much for our city, and I know that whether we agree with all the decisions that you've made 00:12:44
or not, I know that the sacrifices that you've made in time with your family. 00:12:50
And time on your, you know, personal pursuits and professional pursuits has been Imm. 00:12:57
And there have been lots of hours of unpaid are very underpaid hours of work that you've put in. 00:13:01
Umm, So I just wanted to publicly thank you for those efforts. 00:13:08
Let you know that you're appreciated by one of the citizens of the city at least, and I know there are many more. 00:13:12
I did have a. 00:13:19
Questions that I know you won't answer right away. Umm. 00:13:20
I'm wondering if with the new rules kind of on public. 00:13:25
If I understand that if I have comments that I want to send and I'm supposed to do those in advance of the meeting. So if my 3 00:13:30
minutes is up and I have more than I want to say, am I allowed to send in comments that will then be put? 00:13:37
On the agenda or is that? 00:13:43
Not allowed because it needs to be done beforehand, so I would love clarification on that. 00:13:46
And then also. 00:13:52
With only 15 minutes to speak that and the three minutes per person that only last five people to speak for public comment, I'm 00:13:56
wondering if we might sometimes need more of that, more more than that time. I know you guys have had meetings go way too long, so 00:14:01
I understand there needs to be a limit, but if is there a way to extend that, if there is a, if a reason comes up that there that 00:14:07
that would need to be done? And also if people are raising their hands when they agree, is that going to be taken note of in some 00:14:13
way? 00:14:19
Counting those or is that just we just assume that you're seeing us or we'll wave until you do or anything like that, I'd love to 00:14:26
know. 00:14:29
Kind of your thoughts on that? 00:14:33
And I am concerned that there won't be any back and forth with the City Council if there are questions because there might be 00:14:37
follow up questions and if the three minutes is out and we didn't quite get clarification. 00:14:41
I would love to know any ideas on how we. 00:14:47
That better in case there needs to be some back and forth. And a visual timer might be helpful too, just so people know how long 00:14:50
they have. So thank you. 00:14:54
Thanks. 00:14:58
Daria Evans, Indian resident. I too would like to echo her sentiments. Thank you very much for you. 00:15:06
This past term 4. 00:15:13
You've done a lot and I appreciate. 00:15:17
I don't want to be disagreeable. 00:15:20
Do you have some disagreements with way things have gone on, But first. 00:15:23
I want to thank you. 00:15:28
Staff for providing the drop off for the cardboard from all our packages that we received at Christmas. We took advantage of that 00:15:30
today. 00:15:35
And that was a great service that you're providing our community. 00:15:40
You might not think it's very much, but we appreciate it. So thank you also. 00:15:43
I'd like to. 00:15:50
Be clarified on Is David Mortensen leaving? I have read that. 00:15:53
And I would just like to thank him as being our finance Director. We've lost several wonderful people this last year. 00:15:58
Brian Perez, Catherine Newman, Bethany V and Ezra Near wonderful employees of the city and appreciate all their efforts. 00:16:06
I have some questions. 00:16:18
Do we have our grinders on our three sewer lifts installed yet? 00:16:21
And our weight on our stations And when will the vineyard connector bridge be size seismically retrofitted? 00:16:27
Are we having? 00:16:38
Extensive geotechnical. 00:16:40
On these large buildings that will be coming in our new developments. 00:16:42
And are we maintaining a fun? 00:16:47
To timely replace and update infrastructure. Those are some of my questions. 00:16:50
I'd like to. 00:16:57
Express appreciation to Kaden Roten and Brad Bag coming onto the Planning Commission. 00:17:00
It'll be fun to work with. Visit with them. I've really enjoyed coming to these meetings this last little while. 00:17:07
I am. 00:17:15
Have participated in many things that my time is up almost 45 seconds. 00:17:17
But this last two months of City Council and Planning Commission meetings combined. 00:17:22
It's been a very big disappointment to me. 00:17:28
The audience and the. 00:17:31
You know, I obeyed the rules. I raised my hand and I don't feel like I was listening to, you know, I felt like I was thrown under 00:17:34
the front. 00:17:39
Not just the best, the front. 00:17:44
And I was very disappointed. 00:17:47
And the way things have come about, I don't really think we need this meeting. This is not an emergency to me. An emergency is a 00:17:51
life or death situation. 00:17:56
And I will have some questions during the public hearing. Thank you. Can we do a point of clarification? 00:18:01
Are you OK with that? 00:18:08
On emergency meeting. 00:18:10
To form a special session. 00:18:12
So we do it after this. 00:18:15
Ryan, Holdaway resident I'm going to try and play by the roles I agree with. 00:18:23
What? Sorry, I said. So appreciate it. 00:18:27
And umm. 00:18:31
I want to take time to thank the developers Flagship for spending time past the week helping us understand the pit and the way 00:18:32
they're structuring it. 00:18:36
I did notice in my reading, and thank you to the Council for posting that several days in advance too, on the 21st. That was very 00:18:42
nice to give us time to read that. 00:18:46
I did notice a couple things based on my understanding that had changed from our last meeting to today and one of the major ones 00:18:51
was it went from my understanding again, 1.5 billion billion dollars. 00:18:57
Seeking to 2 billion on page 69 and page 100. It was a billion for each now. 00:19:02
So I'm curious what else has? 00:19:08
I'm not a legal scholar, I haven't. I didn't have access to the documents before, so I'd really like to know what has changed so. 00:19:11
Because when we met in our information session on Saturday morning. 00:19:17
That was still 1.5 S would really like some clarification there and I understand we're not going to have a public commentary on 00:19:21
the pits tonight, so I wanted to make sure that that. 00:19:26
Portland was made, but again, thank you for your time. 00:19:32
Hi, David Loray, can you. 00:19:41
Thanks for your service folks. Appreciate it. 00:19:44
Those are, it's been a long, long haul and it's it's hard to do public service and so thank you. 00:19:47
We're doing it. I have a couple questions. 00:19:53
A long time. So we had a report about the railroad situation. We know we're we want to remove the tracks along Geneva Road and I, 00:19:56
as I understand it there that there was some negotiations finalized with the railroad. 00:20:03
Some years ago about. 00:20:10
Some tracks that I may relocate in the north of. 00:20:12
Before that could be taken. 00:20:15
And. 00:20:17
And then so can you give us a report on where that is, what the schedule is to get us to a point where we would have those tracks 00:20:18
removed so that we can begin putting businesses along that stretch of Rd. Thank you. 00:20:24
Add Jeff Porter. My wife and I live in Hampton. And just a couple of things. 00:20:36
This kind of off topic but I want. 00:20:42
I have a comment. My wife and I were delivering Christmas goodies about a week ago and we noticed the street light is gone. 00:20:45
From 20 W and 3:50. 00:20:52
And the bolts are sticking up out of the concrete and the lights just gone and we don't want to. 00:20:54
If what happened to it and if it's going to come back? 00:20:59
So that's one question. 00:21:03
Is that something that you can answer now or do you even know about it? Or? 00:21:06
That will address comments at the endings. OK, that's all I have for tonight. 00:21:11
My name is Hunter Riley. I'm Nate Riley's. 00:21:22
I want to read something that is. 00:21:26
Important, it says. It's from a Facebook post made by a city a sitting council member. 00:21:30
So I'm concerned with the apparent lack of process. 00:21:37
I thought I made my stance very clear in the last Council meeting, but I'm concerned that the need for speed is still pushing the 00:21:41
agenda. 00:21:44
Not the need for a well developed and thought out agreement. I will not vote for an agreement presented to me just prior to the 00:21:48
meeting. 00:21:51
This is a stance one of the council members made. 00:21:54
While running for election our first term. 00:21:57
We all know what happens when things are rushed. 00:22:01
Building houses. 00:22:05
Development. Anything else rushed things go. 00:22:07
Errors are made this whole process over the last month. 00:22:09
Things are going very fast and. 00:22:15
Processes are not. 00:22:17
One of the questions I have. 00:22:20
Who is on the Who's control of the Who's in control of the fund? 00:22:23
In the PID? The developer? Who else? 00:22:28
That is taxpayer money. 00:22:31
And that if it wasn't going to, the developer would be coming to. 00:22:34
The counselor. 00:22:39
And so as that is given back to the developer. 00:22:41
From Is there a process that the city can see what the developer is spending the money on? 00:22:44
Is the developer pocketing the money or is it going back to Rose? Is it going to infrastructure? How is that tax money? Police. 00:22:50
By the city, even though it's not coming back to the city's PO. 00:22:58
Thank you. 00:23:02
This will be our last comment. 00:23:08
Sure, I came on a resident. I hope everyone had a joyful Christmas. 00:23:11
I'm here today to ask a question for clarification. In last weeks or the 13th meeting we had the. 00:23:16
Fill in port of heads and somewhere in the middle there was a vote taken. 00:23:26
That I'm wanting to have clarification for as far as. 00:23:32
The voting of the council members and with Julia it sounded like that. 00:23:37
You had to have 4 council members disagree with you in order to. 00:23:43
Have something. 00:23:49
Pass and I don't know if that's accurate or not, but I wanted to follow up on that because I have a real. 00:23:51
Concern about council members not knowing or wanting or advocating their responsibilities so. 00:23:57
In a in a 2. 00:24:04
One on the day that I had read about the inland port, I called Tice because he's one of the people I met when we moved back, 00:24:07
asking him about just clarification, just to ask questions. 00:24:13
And his response to me was, I don't know anything about it. 00:24:19
He was telling me that I was probably thinking about the OR hearing about the drone port. 00:24:23
Think my microphone just went out. 00:24:29
Anyway, and we talked for a little while. 00:24:32
We said goodbye. 00:24:37
When he thought he had hung up, he hadn't hung up, and I heard him use the words. 00:24:38
Oh, the forces are out, Jake. 00:24:44
And I tried to interrupt, and I said, Ty hello, hello. And then I heard his wife Linda say. 00:24:48
Oh no. 00:24:54
The phone hung up and all of a sudden I realized. 00:24:56
I felt like I was being. 00:25:01
Disregarded and that really hurt. The other thing is, and I have worked with Christie, I respect Christy and what we've done, but 00:25:05
when she asked me on August 5th to support her for campaign. 00:25:11
I asked if I could meet her in person so we could talk and the one question that I had. 00:25:19
Was how you felt about the mayor acting without your knowledge. 00:25:24
With the. 00:25:29
And you gave an. 00:25:31
But the answer ended by saying I've made peace with us. My big concern with all of these things, sandwich Dan, is that I really 00:25:33
want to have a representative government. I. 00:25:40
And I want to say this Marty was the only one who did not vote to give the mayor. 00:25:47
Extra power. So anyway, I am really concerned about the unity and the trust in our community. I I don't like what I feel, what I 00:25:54
hear people making comments. 00:26:00
I would like to be able to have some solutions. 00:26:06
And I appreciate more time with agendas. I think transparency and honesty is what we really need in order for us to move forward, 00:26:10
and I would appreciate. 00:26:15
Some comment, clarifications about that vote. Thank you thank you public. The public comment period is now closed. 00:26:21
We will. Well, I had announced that there was a last comment. I don't mind if you come up, this will be our last. 00:26:29
Because I signed your paper and said I wanted to comment. 00:26:38
My name is Darlene Price. I live in the. 00:26:42
This is our third year. We came when Covad was running rampant and we didn't meet anybody during that. 00:26:46
Umm, since then I've been at several council. 00:26:54
I am would like to applaud the last three people that spoke. 00:26:58
With about transparency and about some of the decisions that were rushed through. 00:27:03
Comment from one of. 00:27:10
Leaders about being transparent and then. 00:27:12
And what? 00:27:16
Here's my question. 00:27:17
My understanding is I have researched the PID. 00:27:20
Is that they are a quasi political. 00:27:23
Group with no representation. 00:27:27
The community, there's nobody on that board and with that power they have the ability to tax and raise taxes and we have no say in 00:27:30
it. 00:27:35
Now I don't know if you remember your history. 00:27:40
But we had a big problem with taxation without representation. 00:27:42
And I feel that strongly this is the same thing. 00:27:46
We are giving property to people and developers. 00:27:50
With no representation on that and I find. 00:27:54
I find that anti American. 00:27:58
Where our country was not based on that representation, in fact, I think they threw tea. 00:28:00
And a harbor to complain about that. And I don't have tea and we don't have a harbor, but we do have a lake. 00:28:06
I appreciate the effort that you. 00:28:13
I appreciate the fact that you are trying to do the right thing, but I don't see it being done. 00:28:16
And I am concerned about. 00:28:21
That you don't listen and. 00:28:23
What your constituents say? 00:28:26
Thank you. 00:28:29
All right. We'll go ahead and close out of that public hearing and we'll address some of these things. 00:28:31
For anybody that had questions on the PID, I'm going to reserve that. 00:28:37
For answering your comments during the time that we discussed the PIC. 00:28:41
Let's see there. 00:28:47
There were some questions on grinders on the three store list, the seismically retrofitted bridge video studies and the funding on 00:28:50
infrastructure for the future. 00:28:55
And that was by Daria. Let's go ahead and get something put together for Daria and we'll address that. So Daria, if you could meet 00:29:01
up with our engineer and he will contact you on that. 00:29:07
You had a point of clarification on an emergency versus. 00:29:13
Pam. 00:29:17
Just a point of clarification because I've had this commented more than one time. Just to clarify that this is a special session. 00:29:22
Special session falls into meeting that 24 hour plus requirement for noticing or an emergency session does not fall into that and 00:29:29
so this is actually a special session that was noticed. 00:29:36
A couple weeks ago, so I just wanted to clarify that for everybody. 00:29:44
Thank you. We had a question about the RDA and how the RDA works. This was by. 00:29:49
He was talking about how we prod. 00:29:56
RDA. 00:30:00
I don't know if he's, I think the best opportunity here. There was a presentation done that explains the RDA and how those funds 00:30:02
work. I will have that put together and maybe we can post. 00:30:08
As well as send it to you so that that can be understood a little bit better. You had questions on two properties. 00:30:16
You had one about on the megaplex, which I think was put in somewhere around 2014, 2015 and then I believe also the yard and we'll 00:30:22
all include that in the description that's sent to you. And then if people have questions about that, we can post that and make 00:30:27
that available for others as well. 00:30:33
Yes, in the yard, top off. Thank you. And then we will, let's see. 00:30:42
Let me just make sure that I got everything. 00:30:49
The railroad report, David, this is great. We're actually about to have a report that comes in. So I will get back to you on the 00:30:55
next. 00:30:59
I don't even oversee it, but oh, there you are. I will have, I'm going to be making a report in January. So that's going to 00:31:04
address that and. 00:31:09
I'll thank you. Then let's see, 20 W 3350 N the light is gone. Did you have any commentary on that? You were holding a quick 00:31:14
report on that, thanks to the scene. So a light on 20 W and 350 N was identified to cause a safety conflict with residential 00:31:23
driveways right there. And as a result of that, it was determined to remove that to avoid that safety concern. 00:31:32
OK. 00:31:41
So my commentary on this, Eric, would be that if there's further comments on this, you could follow up with the residents with the 00:31:43
porters that had experienced this with us. If there's any commentary on needing additional lighting or anything like that, you can 00:31:48
address it after this meeting. 00:31:53
Great. No, not right now. Not right now. I'm sorry. 00:31:59
Not right now. We'll address it after this meeting, but we will address safety. So just make sure that you touch base with us and 00:32:03
I will. I'll circle that as an issue. 00:32:08
OK, let's see. 00:32:13
I was pleased. 00:32:21
Yes, Aubrey's question, Aubrey, I will take all of those things into consideration and go back to council and see what is 00:32:26
possible. 00:32:30
With our, with this policy we're putting in. Thank you for making those comments. 00:32:34
OK, let's see. The point of clarification on the meeting was done by Pam. The inland port was a presentation. I know that they 00:32:40
came onto the agenda and it felt fast. And it was fast because it was a presentation and it was for all of us to learn about. So 00:32:45
nobody really on the council knew much about it. We wanted to learn more about the unimportant, what that had to offer to the 00:32:50
city. 00:32:55
And that's something that we do is that we bring information to the table, we get to learn about it, we get to ask our questions 00:33:01
and then we go and we have further commentary after that. So that is why we didn't follow the public hearing because it was a 00:33:06
presentation, but we did have to notice it that way. 00:33:12
Let's see. Voting council ordinances. Something not best. Jamie, did you want to clarify or help explain the ordinance that was 00:33:18
passed last time about appointments? 00:33:24
There were some misunderstanding about what it was and I believe the comment was that now the Council. 00:33:30
Doesn't get to vote on things that I'm voting on or it takes all of the council to vote against the things I'm saying. Kind of 00:33:38
like the veto. 00:33:42
So would you mind doing that? I, I, I think now with respect I'll let the terms of the ordinance speak for itself, but I I think 00:33:48
what it related to was. 00:33:53
The positions that were appointed, how they would be appointed, and then how they would be removed. And the way the ordinance read 00:34:00
is that appointments were. 00:34:04
The advice and consent of the council. So the mayor puts forward an appointment for those positions. 00:34:09
With the majority vote of the council, person would be confirmed into that position. Removal would be done either with. 00:34:14
Your vote as part of a majority. 00:34:22
Or a vote of four to one against the mayor. 00:34:25
If your vote was not included. 00:34:28
Also, I think it's just important that we talk about our form of government, our form of government since the incorporation was a 00:34:32
5 member council and that puts appointment power with the mayor and I. 00:34:38
What we did by adding these appointments to this. 00:34:45
Ordinance was that the finance director is actually required to be an appointment and the engineer eventually will become 00:34:51
something that's required as our city grows. So we were updating that and we felt like as we go through appointments right now, I 00:34:57
do a lot of appointments. You saw some with the Planning Commission. 00:35:03
And I say this is who I would like to have be on the Planning Commission and then the Council can vote with me or vote against me. 00:35:10
And since it's my appointment, it would take them saying no through those same appointment powers. And so that same terminology 00:35:17
was used and we just clarified the removal process within our code so that it was clear. 00:35:25
And we'll go ahead and move on to the next item on our agenda. 00:35:32
And that is. 00:35:38
Business item as before we move into the business items, thank you. We will have a quick disclosure by Marty. 00:35:39
OK, so I work for my dad's company and my dad's company is a data cabling company. 00:35:46
And we work as subcontractors for a company or for several companies, but one of the companies specifically that we work with 00:35:53
often. 00:35:58
Works as a contractor for Flagship and Woodbury on certain occasions and so I wanted to be abundantly cautious and disclose that 00:36:03
every now and then the company I work for. 00:36:10
Through once removed works for Flagship and Woodbury. Sorry, I'm like all the attention on me. 00:36:19
That being said. 00:36:28
I'm a salary employee that doesn't receive any kind of. 00:36:30
Pay, increase or Commission. And we actually don't get paid directly by Flagship or Woodbury. And in the two years I've been on 00:36:34
council, there's been one occasion for both companies, one I actually didn't realize until recently. 00:36:42
So I just wanted to I have a letter specifically if people are concerned. 00:36:50
I just didn't want there to be any confusion or question. 00:36:57
My position and my ethics on this council. That's great. Thank you. OK. 00:37:01
Let's see. 00:37:09
OK. Well, we'll go ahead and we'll move into our public hearing, unless Council, did you have any reports that you wanted to say? 00:37:15
No, no, Marty, did you have? 00:37:23
OK. We'll go ahead and move into our public hearing. This is the acquisition and disposition of property for the aquatic facility 00:37:27
located in the Promenade area. This was the this was noticed on the 12th of December for this meeting. 00:37:33
I will start by going into a public hearing and then we'll have to. 00:37:41
I need a motion. I move to open the public hearing. Thank you, Amber. 00:37:46
Second, by Christy. All in favor? Aye? All right. 00:37:51
Staff go for it. OK, so this is the Aquatic Center that. 00:37:58
Flag Borough is. 00:38:05
To build a resort pool type facility in the block five of the lake promenade. 00:38:07
It'll include multiple pools, the splash pad, a restaurant, indoor facilities and a lawn area. 00:38:14
The Aquatics facility, when completed, will be donated to the city, and the city will lease that facility back to a nonprofit 00:38:22
organization. 00:38:27
The annual fiscal impact of this will be $100 a year. 00:38:34
Lease agreement. 00:38:40
And staff recommends approving this lease maintenance agreement and Promenade Aquatics facility lease agreement. 00:38:42
OK. Are there any questions by the public? If so, please come up. State your name. Ask your question. 00:38:51
I set a timer. We're going to try to wrap this up in 30 minutes, but come on up and if you have. 00:38:59
Try to address it one time, because we're going to try to give everybody an opportunity to speak by allowing people to have one 00:39:06
comment each and stay on target and task. 00:39:11
Vineyard resident OK, I just have. 00:39:18
About Article 2 in the extension options 2.2. 00:39:22
And it says at least five years prior to the expiration of the initial term or extension term as applicable, the tenant may send 00:39:29
notice to landlord that the tenant will not elect to extend the term of the lease. 00:39:35
OK. So I'm thinking, OK, it's 25 year lease, is that correct? 00:39:42
OK. So at 20 years they can opt out of that? 00:39:46
And so I want to know who is going to be paying for. 00:39:50
After the 20 years if they decide not to extend. 00:39:56
And you decide not to close it down because you have that option to close it. 00:40:00
So I want to know where that money is coming from to. 00:40:05
Pay for it. 00:40:10
Thank you, Daria. 00:40:12
Excuse me, Eric, could you do you mind repeating what you said about My name is Paul Kelly, resident of Vineyard. 00:40:16
What you said about the nonprofit organization and how the nonprofit is involved. 00:40:23
That's fine. We can repeat it just so he can ask his question. 00:40:31
Yeah, so the the as soon as the project is completed. 00:40:34
That project will be donated to. 00:40:39
The city. 00:40:42
Lease that back to a nonprofit organization that Flagborough will. 00:40:44
Do we know what the nonprofit organization is right now? 00:40:49
Or is it an anonymous nonprofit? 00:40:54
It would be established for the purpose of of managing that facility. 00:40:57
So we don't know what the nonprofit is right now. It would be established. Paul, is that your only question? I'll write that 00:41:01
question down and then we'll answer it. Do you have further questions? If there is a change in it, it's a point of clarification, 00:41:06
understanding who's on the board of that nonprofit then? 00:41:12
Who are the decision makers for that nonprofit organization? 00:41:18
So that's I'm just trying to get to the bottom of. 00:41:22
Part of part of my concern that I keep seeing is is I keep seeing these public private partnerships. 00:41:27
Where nonprofits, I run a nonprofit. I call it Metal Wrestling. 00:41:34
OK, it's set up as a 501C3 nonprofit. Doesn't mean nobody makes money. 00:41:39
So you know. 00:41:45
Money shifts hands, moves from here to there and where's it going and who's getting paid and and we'd like to know that. 00:41:48
OK. Thank you. 00:41:55
Barbara Porter, resident of. 00:42:02
So my question. 00:42:07
Is it going to cost money to go to the Aquatic Center? 00:42:10
And who's going to keep the money and who's going to maintain? 00:42:14
And so who will be paying for that? 00:42:20
Because it's kind of not clear if you're getting it back to this. 00:42:23
City is the city maintaining is the city getting the funds. 00:42:27
How much is it going to be? 00:42:31
Then because it is our city, do we get a discount if everything? 00:42:33
So just a little bit more information would be awesome and I still am voting for the lazy river. 00:42:39
My question is real. 00:42:51
I'm Darlene Price from the Villas. 00:42:53
Where's the promenade area? 00:42:56
I have no clue. 00:43:00
Karen Cornelius, vineyard resident. My question is, is this meant to supersede or replace the Vineyard Rec Center? 00:43:02
And. 00:43:20
Why have we not heard anything about it in your direct center? 00:43:22
Seems to me like that would come. 00:43:26
A resort in vineyard and so that's my question. 00:43:29
Take the place of a rec Center for the enjoyment of all the families here in Vineyard. 00:43:33
And then put us in that tiered. 00:43:39
Resort type of a setting or are we going to have a rec center or is that an afterthought? That's the question. 00:43:42
OK. Any other questions? 00:43:58
All right, I made a motion to close the public hearing. 00:44:02
First by. 00:44:06
Second, by ties, all in favor. 00:44:07
All right, so. 00:44:11
We have a few things. I think you guys could probably come up and answer a lot of these. 00:44:12
There was a legal question just about a contract that talked about the 20 years, the 25 years, the opt out and came from a few 00:44:18
people about the deeding returning the leasing. Did you want to address those things? These are all very good questions. I think. 00:44:25
I'm Nate Hutchinson with the developers, by the way. 00:44:33
I think so. The nonprofit, there will be no paid members of the nonprofit of either of our wood barrier flagship organization. It 00:44:42
will, there will be a fairly large deficit as as we get started because we don't anticipate there being. 00:44:50
Paid members going or and so the way that it works is there. 00:44:58
And do we have the map does? 00:45:02
I mean the site plan we did a few weeks ago if you remember it, but so I can just point out, so there's the, the promenade, the 00:45:06
question, this is downtown it. 00:45:10
You know the problem that goes from the train station to the to the water? It's that kind of. 00:45:14
Promenade. 00:45:19
East and West? Yes, ma'am. 00:45:21
We'll show you as soon as the map is Hold on. 00:45:24
What it is, it's it's an Aquatics facility and there's different. 00:45:28
There's different areas that can be used at different levels of the public of vineyards. So for example the splash pad will be 00:45:32
free to the public will be able to be used, you can go there, the grass area, everything, you can just go. It's just a normal, 00:45:36
there's an all abilities park that will. 00:45:41
Be for anybody for free. Then there's a portion, there's an area of the pool that's more derived and designed for children. 00:45:46
And that will be a paid fee. One of the questions was divine. Your residents get a discount compared to a norm resident for 00:45:55
example. And yes, there will be there will be a discount for Vineyard in Utah City. 00:46:01
You know, anyone that goes there can pay a fee. 00:46:07
And it's in the agreement that it would that fee will be determined based on what other facilities and other areas. 00:46:11
Orem, Midvale, you know some of these other areas that have built these facilities, that's where we'll derive that fee from. 00:46:18
Will be on the hook to maintain a level of care for the 20 years. 00:46:25
So whether you know if it's running at $1,000,000 a year deficit to to operate the pool, we'll pay for that out of our own funds 00:46:30
as it gets going and as we build things out and hopefully get to a point where there's enough residents that want to be a part of 00:46:36
it. So the three areas are the free area for kids and everybody else outside of the gates, then inside the gate you'll pay. 00:46:43
Vineyard residents will pay the same. 00:46:50
Anyone living in our community there to be able to use it, probably on a monthly basis. 00:46:52
And then they'll and then there's an area. 00:46:57
This is not taxing residents in any way, shape or form down here. This is just us building a facility there. If you want to use it 00:47:33
and want to come pay, whether that's monthly or annually, you're welcome to do so. The more of you that would do it, the better it 00:47:39
is for us because we're not operating this. 00:47:44
In a for profit manner, the restaurant will be leased to an operator that is not US. Whatever that lease payment that will be made 00:47:50
will be used to help operate and maintain the whole facility. 00:47:55
And there's a spa portion of it as well, where people can get a massage, for example, a facial pedicure. 00:48:02
Whatever else you would get at a spot. I'm not as familiar with the spa, but those lease payments will also be used to maintain 00:48:10
the facility and and upkeep the park. 00:48:15
So that answers a few of those questions. I can't remember if I answered everything. Was there others? 00:48:21
Yeah, I feel like you answered. 00:48:29
Barbara's questions Darlene's Is the picture up? Can you go ahead and describe the promenade? 00:48:32
So the promenade is this kind of this green area. Is there a way to zoom in on the map? 00:48:38
And this is many of you have probably seen this if you've come to meetings over the last couple of years. We've been working with 00:48:45
council and had a lot of community work sessions on this park. We hired OJB, a landscape architect out of Houston and and New 00:48:52
York. They're one of the best landscape architecture firms in the country. 00:48:59
They just finished Clyde Warren Park in Dallas, if you're familiar with that. It's really revitalized downtown Dallas in an area 00:49:06
there. They finished the Riverwalk Park in Omaha. That was $300 million that Warren Buffett and a bunch of his friends got 00:49:12
together and did. We've toured that. They they've designed some of the best urban parks in the country. 00:49:19
And we're very, very excited about this park. It'll be about a $60 million park from the train station to the to the water 00:49:25
promenade. Not park, but. 00:49:31
We're starting phase one of this in in the red area there, which is what we're talking about for the facility and then we're also 00:49:39
building that area around it with the all abilities park on the left side of that red area and the grass portion of that to the 00:49:44
South of the red section. 00:49:49
So this phase is about $25 million and that will be installed as part of our phase one. We really anxiously like to get this done. 00:49:55
As part of everything else that's going down and then they just add some more in the community director. So to talk about the 00:50:03
Vineyard Recreation Center when we did our open space corridor plan about a year and a half ago, it was the area that was chosen 00:50:10
specific for a a vineyard Community Center. So that was that was kind of the idea that the residents like was to place that at at 00:50:17
where Gammon Park is where the parking lot is is kind of located where the Old Town hall building and so the the idea there was to 00:50:23
provide. 00:50:30
Cultural. 00:50:37
Learning spaces for our members of the community could come together to provide indoor basketball. I think there was interest in 00:50:40
doing like a futsal or some sort of field, but having some indoor spaces for recreation and and meeting spaces there. It was not 00:50:47
envisioned, at least at this point to be a full blown Recreation Center. The idea was that we're putting a lot of money into the 00:50:54
the, the, the Vineyard Beach area to to make that kind of that sandy area. 00:51:01
Longer and to provide recreation throughout the park system and and the promenade out here and so and and and unless that changes 00:51:09
the idea is that the vineyard. 00:51:14
Facility at Ghana Park would be more of a cultural and a Community Center. A place where you cast an indoor recreation program, 00:51:20
basketball, that kind of stuff, but not like a full blown Aquatic Center. 00:51:25
Yeah, and I think just personal opinion, whether anyone wants to hear my personal opinion. 00:51:31
But. 00:51:37
And then there's the grass area, so that all there is all kind of open to the public for free. And then you see the bottom left 00:52:11
pool there that's more of a pool design for kids with slides etcetera. And then there's more of an adult pool there that's with 00:52:17
that monthly pass. And then you see the smaller pool up top that's more of that annual membership pool if anyone wants to be a 00:52:24
part of that, so. 00:52:30
And then the the restaurant would be in the restaurants great too. 00:52:37
Now the key's. 00:53:10
Lots of sales tax revenue and then also some additional rent revenue that will help offset the cost of operating. 00:53:12
You know all these different facilities. 00:53:18
So it feels like with Kohl's questions you were able to differentiate between taxation and membership fees. 00:53:22
You also talked about the fee determination and how it would be TA. 00:53:31
I think maybe enough clarity was put on liability of the city, but I'm just going to couple his question with Daria's question, 00:53:35
which is what happens after the opt out lease period if you guys choose not to do it, who pays for it? Because I think the PPP 00:53:40
that Cole talked about is really are we using taxpayer dollars and then bringing liability back to the city. So we severed the 00:53:46
question, but still where does liability fall on the city? 00:53:52
That's a good question. So the reason why we wanted five years before the lease period is because that's probably about when you 00:53:59
need to start making additional capital improvements to the facility. 00:54:04
And so that gives us enough time to improve things. And then if if we didn't want to renew the lease, you know, in the city, one 00:54:09
of the concerns that the city and the and the city attorney had was, well, what if we don't want it either at that point and what 00:54:14
if neither of us want it? We could always at that point. 00:54:19
Demolish it and and put more grass there so that there wasn't this continued operation but. 00:54:25
You know our intent is. 00:54:30
We're going to renew that lease and just continue offering the same service to all the residents of the city that we had. 00:54:33
It'll need some additional funds and upkeep at that point, but that's why there's that five years. 00:54:39
That's why we wanted to negotiate that so we're not having to decide six months before. 00:54:43
And then you know that that's why you gave yourself the five years so that you could decide how much money you wanted. If you're 00:54:48
going to have it for another 20 years, then of course you want to put a few more $1,000,000 into the facility. 00:54:53
Get it back up to Park just for a point of clarification. I don't know if it initially addressed all of the questions, just that. 00:54:59
If we did need to demolish it, who would need to demolish it? Where would those funds have to come from? Would that come out of 00:55:07
the city? Yeah. I mean, I don't think that that's a good question. That hasn't been contemplated. Yeah, I can. I can address it a 00:55:12
little bit. 00:55:16
It's worth thinking back to about 10 months ago. Maybe it was three months ago when we had the first conversations about the site 00:55:21
plan. 00:55:26
And when the lease concept was first floated, it was the 99 year lease that the developer would hold for the duration of that 99 00:55:30
years. 00:55:34
The city wasn't comfortable with that, largely because. 00:55:39
Weren't sure. 00:55:42
The facility would be cared for, how we would ensure that it was capitalized, how we would ensure that it was operated properly. 00:55:43
So we shrunk it down to 325 year terms that would be a little bit easier to manage. 00:55:50
We created off ramps for both the city and the develop. 00:55:56
If things weren't going well that we would have the means to wind it down, but we required enough notice on that that it wouldn't 00:56:00
just be dropped. 00:56:03
By either party without notice to the other so we can plan for it and care for it. 00:56:07
And then we had inserted into the least some really important provisions that relate to the care, maintenance and operation of the 00:56:13
facility. 00:56:16
And the fees charged to the public. 00:56:20
And let me kind of piece each of those apart a little bit. On the fees charged to the public, we have a provision that requires. 00:56:22
That it be available to the public through the duration of the lease. 00:56:31
They are able to charge a fee or a user fee. It would be similar to what you would pay at a public recreation facility. 00:56:35
In other places throughout the. 00:56:43
We were concerned at what level would that fee be set at and would it be at a level that would allow working folks to use the 00:56:46
facility and what we arrived on was they would have to index that fee. 00:56:51
To the fees charged by other public recreation facilities and pool. 00:56:57
Throughout the state, so there's a control on what that amount would be, and it would be set at a level commensurate with peer 00:57:01
facilities throughout the state. 00:57:06
On the care and maintenance of the facility, we wrote a few things and they have to make annual budget reports to the city about 00:57:12
how they use the funds. 00:57:17
About who uses the facility. So it deals with patronage, It deals with their budget. 00:57:22
And it deals with the board and fee. 00:57:26
They have to report to the city on those regularly and then we wrote into that that they have to maintain a rolling five year 00:57:30
capital plan. 00:57:35
For the facility, what happens with pools? 00:57:40
Air handlers and then pool maintenance equipment and mechanics that wear out overtime. 00:57:44
And if we don't plan to renew those things? 00:57:51
Will be hit with a facility at the end of the term that's inoperable or needs a really big capital investment right up front. 00:57:54
We want to make sure that doesn't happen and so the way that we've done that is. 00:58:02
They have to do a rolling five year capital plan that's reported with the city when they make their budget. 00:58:05
Reports, and then we'll be able to look at that and make sure that there's cash on hand with the nonprofit to care for the capital 00:58:10
needs of the facility. 00:58:16
And what those are? 00:58:21
Thank you. OK. 00:58:23
Council, did you have? 00:58:26
Questions. Comments. 00:58:29
OK, if you don't have any questions or comments, I need a motion. 00:58:35
Actually I did have a comment since this will be my last meeting, I just wanted to actually address one of the the what Karen 00:58:42
brought up about a future Vineyard Rec Center. So when we did a lot of work on the corridor plan for several years project I was 00:58:48
personally very passionate about, you know, a lot of outreach with the community and bringing a Community Center with something 00:58:54
that a lot of people were excited about. 00:59:00
And and I wanted you to know that the vision for that Community Center was that the idea was that the facility would be something 00:59:07
for Vineyard residents alone. It would be a place that people could come, gather, be 1/3 space. A place that's not your home, not 00:59:14
your work. A place you could hang out, a place for our light, our children's library to go, place for our junior jazz and play 00:59:21
basketball, do a yoga class, do an art class, a place for our community. It would be if there was a fee, it'd be very minimal. 00:59:29
But not a rec center similar to what you see in these other communities. Rec centers that are the one you see in forum I believe 00:59:36
is 30 million. The one in spring goes 30 million. They're very, very expensive facilities and typically you have to bond to get 00:59:43
those in your community, which goes through a vote and increases your taxes. 00:59:49
And that's not something that we were. 00:59:55
Looking at doing in our community. 00:59:58
And because we knew that so many amenities would be going into the downtown, we thought we could do something like a good old 01:00:00
fashioned Community Center to create a place. 01:00:05
That would bring the community together in not as expensive way as. 01:00:10
Big decked out community rec centers. This past fall we've been able to partner. We did a fun partnership with a class at BYU and 01:00:16
the construction management program to come up with concepts and ideas for that Community Center and it was really fulfilling to 01:00:23
go and see these up and coming. 01:00:30
Young people come up with some really amazing ideas. We had what, maybe 20 different? 01:00:38
Plans that they came up with and they were just ideas. Umm. 01:00:43
Everything that comes to the city starts out with an idea. Somebody who gets excited, somebody who wants to build, somebody who 01:00:48
wants to create something. The Community Center is something that. 01:00:54
I've personally been championing. That's why we did the BYU class. 01:00:59
I don't know what will happen with that project now, so I would admonish future councils to hopefully take. 01:01:05
That project and maybe it'll be something that comes to fruition, and I hope so. 01:01:12
Because for me, it was always something that would piggyback off of what is going on in the downtown. 01:01:18
And give something to our community that. 01:01:23
Quieter, not as flashy, and would be a real fun place for people to gather. 01:01:26
So I wanted to share that with you and for anyone who's listening who didn't understand what that project. 01:01:33
As far as this Aquatic Center, I'm really, really excited. I think it's going to be an amazing facility. I would like to put in a 01:01:41
plug for you guys to maybe consider salt water. 01:01:46
In your facility I've attended, I've been to some aquatic facilities that are very nice that you saltwater and it's much better 01:01:52
for your skin and I would they just advise you to look into it. 01:01:57
That's all. 01:02:06
OK. Any other comments? 01:02:07
Kate, Then I need a motion. 01:02:10
I move to adopt Resolution 22363, approving the contribution agreement and lease and maintenance agreements by the Promenade 01:02:17
Aquatics facility as presented. 01:02:21
Second first by Amber, second by Christy. Is there any discussion? 01:02:26
If not, I'll do this by. 01:02:32
Christy Yay Marty. Yay yay, Amber. Aye tice. 01:02:35
All right, Carried. We'll move into discussion in action 4.2 This is Our E District, the creation of Public Infrastructure 01:02:41
District Resolution 2023. 01:02:47
58 And Jamie will lead out on giving us a brief overview of this. 01:02:53
Thank you, Mayor. During the City Council's last meeting, I gave a short presentation on. 01:03:00
What public infrastructure districts are, how they function. I'm going to take a quick moment and I hope those who were with us at 01:03:07
the last minute. 01:03:10
Forgive the repetition, but it's important to, I think, layout for those that aren't aware of what a public infrastructure 01:03:15
district is, how it functions, and then. 01:03:19
What? 01:03:24
Terms are in the governing documents for the two pits being considered today. 01:03:27
So a public infrastructure district, And there were questions about this in the public comment period. 01:03:33
It is an independent local government entity, so it is a government entity that's being created. State statute governs this. It's 01:03:39
governed by the Local District Act. That's Title 17B in the state code. 01:03:45
It has its own board. The board has the authority and the ability to make a mill levy against the property within the public 01:03:51
infrastructure district. The mill levies a tax on property it's not a tax on. 01:03:58
Spending or purchasing, like a sales tax would. 01:04:06
It does create a new revenue stream and it can fund the financing, construct public infrastructure. So the main purpose of a PET 01:04:09
is to be able to. 01:04:13
Take that property tax and apply that property tax to, as the name implies, public infrastructure. Period. It cannot be used. 01:04:18
Anything but the public infrastructure that would be provided to support a development. It's not used for the private aspects. 01:04:28
Of a. 01:04:37
The types of things that it can be used to fund a constructor, Things like streets, stormwater, sewers, parks, trails, and you see 01:04:39
that reflected in. 01:04:42
These two documents. 01:04:47
They assess property, they assess property taxes on the property owners within its boundaries and then it can be restricted down 01:04:50
from that to specific. 01:04:55
Of property within the boundaries and you see that in the pits that are being proposed today. 01:05:01
There are boundaries for the Public Infrastructure District. 01:05:07
Physically, but there's a second restriction in that they will only be able to assess property taxes against commercial 01:05:11
properties. 01:05:15
And. 01:05:19
Residential properties that are for rent owned by a commercial entity. 01:05:21
They cannot assess the. 01:05:26
Taxes against owner occupied residential within the pit area. 01:05:28
What this means, essentially, is that the pit board can then be tailored to. 01:05:34
Have representation for only those entities that are taxed by the PIT, and so the representation matches. 01:05:39
Who will be paying the taxes? 01:05:47
On the pit, if there were to. 01:05:49
Owner Occupied residential? Of course you would. 01:05:52
Elected members to the board that would be from that population, but where these bids don't apply to that population. 01:05:56
There's no board representation for folks that are not taxed and are not affected by the PIT infrastructure. And that's just a 01:06:02
point of clarity that means that there wouldn't be taxation without representation. 01:06:08
It would be the people that are being. 01:06:15
Are the only people being taxed? That's correct. Yeah. So and we've been mindful of that and that has been as we've created the 01:06:18
governing documents, something that we've been very, very careful about making sure that the representation on the pit board 01:06:23
matches. 01:06:28
Where those taxes will be assessed and who will bear that tax burden? 01:06:34
The powers of a pit board are established by the governing documents. It has to be done by the city and that's why we're here. 01:06:38
At this meeting today. 01:06:47
The primary benefit of a pit is that it offers. 01:06:48
Public financing benefits to. 01:06:53
The project overall, so you can build more or better amenities. 01:06:55
And when I say amenities, I mean public. 01:07:00
Amenities like the Aquatic Center that we were just talking about. 01:07:02
Because you can use. 01:07:07
The public finance the ability to raise that. 01:07:09
From the land being developed by the developer. 01:07:13
In lieu of going to private markets and so you achieve some efficiency and some economy. 01:07:16
In that way. 01:07:21
How are kids created? It requires 100% of the property owners within the pit boundaries. 01:07:23
To create a pit, those property owners make an application to the. 01:07:30
The city and the property owners negotiate the terms of the governing documents, and then it's brought to the City Council for 01:07:35
approval of those governing documents. 01:07:40
The governing documents, as I mentioned, outlines the types of property that can be taxed. 01:07:45
It establishes a mill rate and borrowing limits. The mill rate that would apply here is a maximum of 15 mills. That's .015 per 01:07:50
$1000 of assessed value on the property. 01:07:57
The board composition and membership is set in the governing documents. 01:08:04
And the infrastructure eligible to be funded, financing constructed. 01:08:08
Is outlined in the governing documents. 01:08:13
The there was a comment during the public comment period about the. 01:08:16
Amount of one of the. 01:08:22
Heads being increased to a billion dollars instead of 500 million, It's not. 01:08:24
That when the Council makes its motion today, it'll be making the motion that on the East pit it will be a cap of 500 million. 01:08:30
On the West pit, it will be a cap of one. 01:08:39
It's not known whether we're whether that cap will be bumped up against. 01:08:43
When we begin building the infrastructure, because they're in out years, but there are controls in place over the costs of the 01:08:48
infrastructure that would be constructed. 01:08:52
And the standards that would apply to the infrastructure that's being constructed. 01:08:57
The two controls are that kids, as a government entity, have to follow the same rules that public districts have to follow within 01:09:02
the state. 01:09:06
And there are public procurement guidelines that apply, and so when they. 01:09:10
Construct the infrastructure that has to be done at estimates that are reviewed and approved by. 01:09:14
Public Engineer Stamp. 01:09:20
And the procurement process they follow has to be the same procurement process that a public entity would follow. 01:09:22
To build that. So it would be a competitive process that would be informed. 01:09:29
Licensed Engineer, when they go forward with the work, it would be done within those constraints and then ultimately the 01:09:34
infrastructure has to be given to the city once it's constructed. 01:09:38
And the city has standards that are put into place by ordinance and then by. 01:09:44
Renewing those standards and so everything that is built will have to be built for the city standards. 01:09:49
If it's not built with the city standards, then the city will not accept it. 01:09:55
And then long term, there's the question of operation and maintenance renewal. 01:10:00
Of these assets and the PIT statute right now is limited. 01:10:06
That all it can do is construct. 01:10:11
We can't do more than that in this particular approval, but we. 01:10:14
Had conversations about how do we put into place a structure that will allow us to care for those assets. 01:10:18
That'll come in the coming. 01:10:24
As we work through some of the additional approvals for the development. 01:10:27
And then we have a provision in this. 01:10:32
Governing document that would allow. 01:10:35
If the state statute is expanded to allow kids to do operations and maintenance. 01:10:37
Then the door is open for the governing documents to be amended to allow for that activity. 01:10:43
We want to keep the door open, but we also don't want it to be at the discretion of the developer. And so we've written that 01:10:50
provision in a way that if the pit statute changes, then the governing documents can come back to the city. 01:10:56
And the city at that point in time can elect whether the statutory changes are favorable to the city or not. 01:11:03
And if they're favorable, then we can allow the paid resources to be used for that activity. If they're not, then we'll do it 01:11:10
another way. 01:11:13
I want to now back up kind of 30,000 foot level on this kind of agreement the the prime Directive really or the governing 01:11:17
principle with kids is. 01:11:22
The taxes to build the infrastructure for development should come from the development itself and from the property being 01:11:28
developed, and so it really is a principle of how do we localize the tax burden. 01:11:34
And not have it applied to other parts of the city. 01:11:41
And so the effort with the Pids really is to make sure that we have the means of generating the tax revenues to build the public 01:11:44
infrastructure from the development itself. And so it's a bit of a pay for. 01:11:50
And allows the development to pay for that infrastructure instead of somebody else or some other part of the city paying for it. 01:11:56
And I feel like you addressed this a little bit. Can we just clarify there was? 01:12:01
I think we mostly addressed all of Hunter and Ryan and. 01:12:07
A few of them. There was one point that said this tax would naturally would. 01:12:12
Be coming to us if it wasn't going to them. And I think it's important that we clarify that this is an additional levy. 01:12:16
That it's not redirecting existing tax revenues. Yeah, that's a very important point. 01:12:24
So keep in mind that whenever a developer develops property, it has to provide to the city the. 01:12:29
The public infrastructure to support that. 01:12:36
It has to do it regardless of how it occurs. 01:12:39
This is a means of doing that more efficiently, but it does it by taxing the property being developed, not taking or borrowing 01:12:42
from existing tax revenues. So we're not redirecting. 01:12:48
Existing sales tax revenues and existing property tax revenues it would be. 01:12:55
A new mill levy that would apply only to the commercial and the commercially owned for rent properties within the pit boundaries. 01:12:59
Not too many residential properties owner occupied within the boundaries. 01:13:08
Can I ask a question about height restrictions for that of the height restrictions and are there other? 01:13:15
The pit does not do any land use work and so those would be things that will come up when there are subdivision applications and 01:13:26
site plans for review on the City Council will do it at that time. Would you mind restating your questions so it goes under the 01:13:31
microphone? And that was Darlene Price. 01:13:35
The the question was about whether the PIT governing documents controlled height restrictions or told us where the massing for the 01:13:40
buildings would occur. The massing is my language, but I think that's what you're asking. 01:13:46
Where will the buildings be located? What size will they be? How tall will they be? 01:13:52
The PIT document doesn't do that. That will come before the City Council or the Planning Commission when? 01:13:57
The developer comes forward with subdivision applications and flats. 01:14:04
For the project, excellent, Thank you. I wanted to remember the developers are very correct. We were able to attend a open house 01:14:09
to discuss this more in person. Maybe you could give a review of that and then Jamie could make sure that anything that you bring 01:14:14
up is. 01:14:19
Offered inside of our documents, although you did a very thorough job, so thank you. 01:14:24
Yeah. Thank you. Nate Hutchinson again. I felt like it was a fairly productive meeting. I think there was a few of you that were 01:14:30
there. Thanks for coming. 01:14:33
You know, I I I think we've we've tried to work hard and I think City Council and and Jamie have done a good job of negotiating 01:14:39
this as well. But I think the bad rap that that kids have gotten in the past has been when developers do Pids. 01:14:46
And then they sell, they build homes and then they sell those to, you know, that the end user of those units without really 01:14:55
helping them understand exactly how the PIN works. 01:15:00
And so you could have a property tax levy that's twice as high in your subdivision as your neighbor across the street who didn't 01:15:06
have a pit. And you may not have really understood that. So you look at your house and say, well, buying this house for 500,000, 01:15:11
it's such a great deal because it's bigger than the house across the street, it's 500. 01:15:17
You know, that's 490,000 or you know, and all of a sudden you think that you're getting a great deal, but in reality you're paying 01:15:23
an extra $2000 or $3000 a year for the next 25 years in a pit. And so one of the things that that was the most critical and that's 01:15:29
where you get the kind of the thoughts of representation, taxation without representation. 01:15:35
So we wanted to make sure that there was no confusion in the two Pids we were we were submitting here. 01:15:42
We're the only ones that will be paying that additional levy. And the way I think it was Mr. Riley. I didn't catch your first 01:15:49
name, but I do know your dad. So Riley. 01:15:52
We. 01:15:57
There's a current property tax that's levied from the county, that everybody. 01:15:59
A pit is an additional levy on top of that. So whether it's going to the school district, the county, the city, whatever else, all 01:16:03
the property taxes that were already being paid will continue going to the same places they were going before the pit. The pit is 01:16:09
just us, and that's why you have to have everybody in the area agree. It's not like we could come to your house and say, hey, 01:16:15
we're going to put a pin on your house and we're going to tax you. 01:16:20
You know, and that's why representation for us is so critical on this too, because we obviously wouldn't want to turn this board 01:16:26
over to somebody else to then come to us and say you're going to pay this much more tax on your property and it's not going to 01:16:31
affect anybody but us. 01:16:35
And that's why it's really critical that way. So I think by doing those things that was kind of the the biggest thing and the 01:16:40
biggest misrepresent not misrepresentation but the biggest issues people have had with kids in other areas. I think we. 01:16:46
The way we've tried to view things is. 01:16:54
If if we're, if we're negotiating in good faith, you know there was a question on the the megaplex for example that was before 01:16:57
this council and and back in the day. 01:17:02
I think the RDA, there were some questions on the RDA. The RDA was set up for three reasons. First, environmental cleanup and that 01:17:07
was like by far number one and these are in the governing documents of the of the RDA. 01:17:13
Environmental cleanup is number. 01:17:20
#2 is infrast. 01:17:22
And #3 is tenant incentives to bring tenants to the town, etc. One of the reasons why we've had such a good. 01:17:25
Umm, such a good relationship with the the two mayors that have been here, all the council members since we've been involved and 01:17:33
we hope to continue to have a good relationship with Sarah and Jake is because. 01:17:39
We think that items #1 and #2. 01:17:44
Should be where funds are directed out of the RDA until everything is absolutely done. We have yet to come and ask for tenant 01:17:48
incentive money because for example, one of the things that I used in the Saturday open house, let's say Google wanted to come to 01:17:53
town. 01:17:57
That might be a bad example because you might hate Google, but let's just use Google as an example. Let's say they came to town 01:18:04
and said we will come build a global headquarters in Vineyard, UT. But we want a $50 million incentive from your RDA to come here. 01:18:10
The council looks at that and says yeah, that's a good idea. 01:18:18
They give them $50 million. They come here, let's say they're here for 10 years and then some other city and some other states, 01:18:21
somewhere else is willing to give them more, which we see all the time. 01:18:25
They. 01:18:31
The city ends up with. 01:18:32
If the city chooses to invest the RDA dollars and clean up an infrastructure, whether tenants come and go, it doesn't matter. The 01:18:34
city is left with better infrastructure, better parks. 01:18:40
Better, you know the things that are left here for the community. 01:18:47
And that's one of the reasons why when we've never proposed anything like tenant incentive to this point in our history and and 01:18:50
why we're so focused on doing the things we do. What we say is we'll come clean it up, we'll build all the infrastructure. If we 01:18:56
for some reason create enough tax increment here to pay those things back, then we can. That was what the RDA was set up for 01:19:01
initially. 01:19:07
And we stay focused on those top two things and not on that third thing which is tenant incentives, but. 01:19:13
I can talk to you after. I don't know if there's going to be. 01:19:21
I can come talk to you, but that was a little, you know, maybe I went a little farther than than Pete would have gone, but just 01:19:25
wanted to kind of give you an understanding of what we're doing and and how we look at things. 01:19:31
And hopefully we can all start looking at these things together. I think one of the biggest issues we've had here. 01:19:37
Is that no one really knows what we. 01:19:42
And you might look at that and say we've tried to hide this and you know that that's not the case. We've been coming to public 01:19:45
meetings for years and years and going through these things. And I think I think one of the things I'm most excited about is 01:19:51
having more of these open houses. If you've got questions, let's sit down and go through these. I think a lot of times it's really 01:19:57
easy to get on Facebook and say these crazy things about each other and send private messages to each other. 01:20:02
Instead of just sitting down and having a real conversation back and forth with saying you might still disagree with me and say 01:20:08
no, I wish you were doing that, etc. But at least you're understanding what exactly it is we're trying to accomplish 'cause I 01:20:13
think we'd find we have a whole lot more common ground than we might think we do. 01:20:18
Then historically we felt like we have, OK, so you touched on property owners, you touched on the separation between the RDA and 01:20:23
PID dollars and the general taxation and how all of those are separate and different and they all have different obligations. Was 01:20:29
there anything else that came up? 01:20:34
We talked. 01:20:40
Let's see what else. 01:20:43
Anything else that you came up with an update on what we're doing? 01:20:45
OK. All right. 01:20:52
There's no community members on your board, right. So and I'll clarify that, but you did clarify that in the open house, so. 01:20:54
One of the things Council that came up in discussion was that. 01:21:04
The representation. 01:21:10
For taxing purposes. And so, Jamie, maybe you can clarify the board makeup and how to work for the council. 01:21:12
There there is one really significant difference in the document from what was in the packet. 01:21:20
A few weeks ago and it's that. 01:21:26
Sharpen the definition of qualified property. 01:21:29
And then tighten the board composition, the board appointment process as it relates to that qualified property. So there wasn't a 01:21:33
definition before of the property. 01:21:38
That would. 01:21:43
I should phrase that a little bit differently. There there was a term in the agreement that excluded. 01:21:47
Owner occupied residential property. 01:21:54
Put a belt and suspenders into the agreement where there's now a definition of qualified property and the PID will only apply to 01:21:57
the qualified property, and then you have a direct relationship between. 01:22:03
Who's appointed to the? 01:22:10
And whether they have an ownership interest in the property that's being taxed by the PIT. 01:22:13
And we feel that that's a direct like 1 to one, it's the board composition matches the property that's being taxed. 01:22:19
If a board member is. 01:22:27
If a board seat is vacant, then that board seat would be reappointed by somebody. 01:22:30
That similarly has an interest in that property that's being taxed. 01:22:36
It wouldn't bring in somebody different to tell them how they're taxed and it wouldn't leave. 01:22:42
Any tax property unrepresented. 01:22:47
So to speak and then there. 01:22:49
There's a provision in here that if any. 01:22:55
Rental property seeks to be converted to owner occupied. Then the governing documents would come back to the City Council. 01:22:59
And they would have to be amended before you would have any of that type of conversion. 01:23:07
Because we don't want a sale or a change in plans by the developer or financial circumstances or something like that to then allow 01:23:12
this to be converted to a tax that would be applied to owner occupied housing. And so before that can ever happen it would have to 01:23:18
come back to the city. 01:23:24
We would have to amend the governing documents that would most likely mean an amendment to the board composition. 01:23:30
And we would make sure that whoever's taxed is represented. 01:23:35
OK. Any questions from the council on that? 01:23:39
And forgive me, I don't know if this question was answered, but I think someone asked about. 01:23:43
Specifically, does the? 01:23:50
And I'm sorry if this is a. 01:23:54
Do we get to see what kind of funds are coming in and reported on? That was Hunter's question. Yeah. Oh, great. Yeah, great 01:23:57
question. 01:24:00
That's another we had an annual reporting, so there's a statutory obligation that they have to report back to the city on their 01:24:05
budget. 01:24:08
And on how they do things, we've added two other layers to that they have to report back quarterly. 01:24:13
And what on their budget and their expenses unless the? 01:24:18
Request something less frequent than quarterly, so at a minimum we'll have quarterly reporting back from the. 01:24:22
And then as a governmental. 01:24:29
The pit has to follow or the pits have to follow notice. 01:24:32
Hearing requirements for things like budgets, things like tax increases, things like fees. 01:24:37
A pit wouldn't do fees, but they have to follow all of those public processes before they make those decisions. So they'd have to 01:24:43
hold, they'd have to publish a notice, They'd have to hold an open meeting. 01:24:48
That I have to hear from the public before they make those choices. The city didn't want to be surprised by anything and so it 01:24:53
asked for an additional seven days. 01:24:58
On top of whatever the statutory requirement is, and that's written to the Pitt governing document, so. 01:25:02
The city, There will be no surprises. 01:25:08
On what the pit does, the city will get seven days notice and then on top of that, they'll have the notice. 01:25:12
That's required by stat. 01:25:17
And then we also talked about how it's constrained to different standards and different and specific items. So, OK. 01:25:19
Further questions. 01:25:25
No, if there are no further questions from the Council I need, I did actually want to make a clarification. 01:25:29
Ryan Holdaway's comment about page 69 and page 100. Both of them do say 1 billion. So the motion will need to state that the West 01:25:36
could will be capped at a billion, the East could be capped at 500 million. I do have those stipulations written down if anybody 01:25:43
needs help. Is that the only one? 01:25:50
And then what? Yeah, insanely, we added to these documents the qualified. 01:25:57
Verbiage. So we don't need and that's in the, that's in the version. 01:26:03
Any other questions? 01:26:11
OK, I have a motion. I move to adopt Resolution 2023-58, approving the creation of a public infrastructure district for the East 01:26:15
District of the Vineyard Downtown Development with the cap at 500 million. 01:26:22
For the east. 01:26:30
For the east and one volume for the West. 01:26:32
2nd. 01:26:38
OK, first by Christie, second by Amber. Any discussion? 01:26:40
I'll do this by roll call. Christy Y. 01:26:44
Marty I, I Amber. Aye, ties. All right, that's carried. We'll go to the next item. 01:26:47
And I believe, Jamie, you're presenting this as well. 01:26:55
And the next item is the same topic, the same terms that there are two differences between the east and the West pits. 01:27:00
It's the dollar amount cap and so on this West, it's capped at a billion. 01:27:08
And then the property boundaries are different in the 2 and so the West reflects the property that it would apply there. 01:27:15
Correct. The board matches the property banners. 01:27:22
OK, so. 01:27:27
That additional item, just the capita 1. 01:27:29
So no one changes to this. 01:27:33
Yes, we do. 01:27:41
The railroad. 01:27:45
Yes. So there was a question asked about where the area is, so. 01:27:47
The problem is that we have to have you come to the microphone, but we're happy to show that. Otherwise, any questions that you 01:27:53
have, please reserve room at the end and if you have questions about the visuals, come and ask us and we'll get that information 01:27:58
for you just so we can carry on and and not miss it in our record. So go ahead. 01:28:03
On the motion and if you want to pull up a map right now, we. 01:28:09
Get prepared for that. 01:28:14
Response. All right. I move to adopt Resolution 2023-59, approving the creation of a public infrastructure district for the West 01:28:16
district of the Vineyard Downtown development. 01:28:21
And we didn't need to put the stipulation in because it's already kept at that amount. 01:28:27
OK, first by Chrissy, second by Tice. Any discussion? 01:28:31
All right. We'll go ahead and take a roll call. 01:28:35
Amber, hi. Yay. Marty. Christy. All right, I need a motion to adjourn. 01:28:39
Thanks. Second by Amber, all in favor, give us a couple minutes and I'll start our next meeting. 01:28:45