Resolution - 2006 - 50 - Creating Eagle Urban Renewal Agency/Determining Deteriorated Area - 10/10/2006
RESOLUTION NO. 06-50
CITY COUNCIL RESOLUTION IMPLEMENTING THE STATUTORY CRITERIA
CREATING AND EMPOWERING THE EAGLE URBAN RENEWAL AGENCY, MAKING
CERTAIN FINDINGS OF FACT; DETERMINING A PORTION OF THE CITY OF EAGLE
TO BE A DETERIORATING OR DETERIORATED AREA; AUTHORIZING THE MAYOR
TO APPOINT AGENCY BOARD MEMBERS AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION IMPLEMENTING THE STATUTORY CRITERIA, CREATING
AND EMPOWERING THE EAGLE URBAN RENEWAL AGENCY, MAKING CERTAIN
FINDINGS OF FACT, DETERMINING A PORTION OF THE CITY OF EAGLE TO BE A
DETERIORATING OR DETERIORATED AREA AS DEFINED BY IDAHO CODE,
SECTIONS 50-2018(9) AND 50-2903(8), AND AUTHORIZING THE MAYOR TO APPOINT
AGENCY BOARD MEMBERS.
WHEREAS, the City of Eagle ("City") desires to implement and empower an Urban
Renewal Agency pursuant the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title
50, Idaho Code (hereinafter the "Law");
WHEREAS, it is anticipated that the Urban Renewal Agency intends to prepare an Urban
Renewal Plan containing a revenue allocation financing provision, pursuant to the Local
Economic Development Act, Chapter 29, Title 50, as amended (hereinafter the "Act");
WHEREAS, the City recognizes that there are certain factual prerequisites to the
empowerment of the Agency and the ultimate adoption of an Urban Renewal Plan containing
revenue allocation financing provisions;
WHEREAS, the City has obtained an eligibility report prepared by Harlan W. Mann,
Real Estate Consultant, which examines an area bounded generally by S. Parkinson Street on the
east, Highway 44 on the south, S. Edgewood Road, East State Street, and Academy on the west,
and on the north by E. Bishop Way and East Syringa Street for the purpose of determining
whether such area is a deteriorating area and deteriorated area as defined by Idaho Code,
Sections 50-2018(9) and 50-2903(8);
WHEREAS, the Eligibility Report, dated October 4, 2006, has been submitted to the
Mayor and City Council, a copy of which is attached hereto as Exhibit I.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE AS FOLLOWS:
Section I. That there are one or more areas within the City of Eagle which are
deteriorating or deteriorated areas as defined by Idaho Code, Sections 50-2018(9) and
50-2903(8).
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Section 2. That one such area is the area bounded generally by S. Parkinson Street on
the east, Highway 44 on the south, S. Edgewood Road, East State Street, and Academy on the
west, and on the north by E. Bishop Way and East Syringa Street.
Section 3. That the rehabilitation, conservation, and redevelopment, or a combination
thereof, of such area is necessary in the interest of the public health, safety, and welfare of the
residents of the City.
Section 4.
That there is a need for an Urban Renewal Agency to function in the City.
Section 5.
the findings that:
Based on the October 4,2006, report of the Area, the City Council makes
a.
The area is determined to be a deteriorating area as
defined by Idaho Code, Section 50-2018(9) and a
deteriorated area as defined by Idaho Code, Section
50-2903(8);
b.
The area is determined to be appropriate for an
urban renewal project.
Section 6. That pursuant to Idaho Code, Section 50-2006(b), the Mayor is authorized
and directed to appoint, with the advice and consent of the City Council, a number of
commissioners of the Urban Renewal Agency as allowed by the Law.
Section 7. That the City Council hereby directs the Urban Renewal Agency to
commence the planning process to prepare an urban renewal plan for the area determined to be
appropriate for an urban renewal project.
Section 8. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ATTEST:
1l1~\L~
'-SHARON K. BERGMANN
CITY CLERK/TREASURER
day of a cA--~ /"J-eY
,2006.
ADOPTED AND APPROVED This /tP::ti..
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EXHIBIT 1
EAST STATE STREET AREA
URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE
CITY OF EAGLE
BY
HARLAN W. MANN
CONSUL T ANT
October 4, 2006
11:iJudy\WPDATA\Eagle\EaSI Slate Street Arca [)iJ;ibilil)' Report JOt' Octoher 6. ~f)()() (I ~:n5PM)
EAST STATE STREET AREA
URBAN RENEWAL ELIGIBILITY REPORT
BACKGROUND
The City of Eagle ("City") authorized preparation of the subject report in August 2006.
The repOli will provide the technical support for two policy decisions by the Mayor and Eagle
City Council ("City Council"). The first is that one or more deteriorating or deteliorated areas
exist in the City of Eagle. The second decision is that the East State Street Area as defined onlhe
attached map is a deteriorating and deteriorated area and is appropliate for an urban renewal
project.
The area is generally bounded by South Parkinson Street on the east; Highway 44 on the
south; South Edgewood Road, East State Street, and Academy Avenue on the west; and on the
north by East Bishop Way and East Syringa Street.
Idaho Code Section 50-2008(a) states:
An urban renewal project for an urban renewal area shall not
be planned or initiated unless the local governing body has, by
resolution, determined such area to be a deteriorated area or a
deteriorating area or a combination thereof and designated such area
as appropriate for an urban renewal project.
Hence, Step One in planning a new renewal project is a resolution by the City Council making
certain findings about a specific geographic area in the City. This resolution would also
authorize the City's urban renewal agency ("Agency") to prepare an urban renewal plan for the
area. The attached definitions of deteriorating area and urban renewal project are very pertinent
to this step and are the focus of this report.
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 1
Step Two in the renewal plmming process is action by the Agency to prepare an urban
renewal plan and recommend its approval to the City Council.
The City Council initiates Step Three by refelTing the plan to the Planning and Zoning
Commission and setting a public hearing on the plan or plan amendment. Step Three is
completed by a Plarming and Zoning Commission finding that the urban renewal plan confom1s
to the City's Comprehensive Plan.
Step Four is the adoption ofa City Council ordinance approving the plan, after a public
hearing.
DISCUSSION
This report focuses on whether the East State Street Area, as previously described and as
outlined on the attached map, qualifies as a deteriorating area pursuant to Idaho Code
Section 50-2018(9) and as a deteriorated area pursuant to Section 50-2903(8)(b) under virtually
identical definitions. A copy of this joint definition is attached. The first statutory reference is
from the basic urban renewal statute, while the second comes from the revenue allocation law.
In addition, the repOli will discuss why the area is appropriate for an urban renewal
proj ect.
A. Present Conditions
The attached definition of deteriorating area and deteriorated area [Idaho Code
950-2018(9) and 9 50-2903(8)(b)] lists ten different conditions that may be present in such an
area, with the tenth being the catch-all "any combination of such factors." The presence of these
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 2
conditions was documented by field trips on September 28 and 29, 2006, contacts with various
City officials, and assessor file information. Then the area and its public infrastructure were
evaluated, and the numbers that correspond to the applicable characteristics in the definition were
placed at the appropriate locations on the attached map.
B. DeterioratinglDeteriorated Area Characteristics
The following is a listing of conditions found in the area by their corresponding numbers
in the definition and a brief explanation of that condition and how it was evaluated and
identified:
1. (1 ) A substantial number or deteriorated or deteriorating structures. Given their
age and condition, most of the structures in the area would be evaluated as deteriorating. Newer
buildings and those that were substantially rehabilitated within the last five to ten years are not
considered deteriorating. Deteriorated buildings would be those that are so rlln down that they
should be demolished, allowing the land to be recycled for other uses. No deteriorated buildings
were identified in the area. Most of the structures in the area are single-family homes. These are
found in the subdivision north of East Dunyan Street between South Conover and East Parkinson
Street. The water company identified the subdivision as Randall Acres 15. This subdivision has
mostly stick-built homes, but there are several small, 6-10 unit mobile home parks and some
individual mobile homes.
The area between East State Street and East McGrath Road contains several mobile home
parks, with 50-60 total units. These units appear to be of the older variety. The number "1"
appears at representative locations in both of these areas to indicate the presence of deteriorating
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 3
structures. The othcr locations where number "I" appears are buildings designated as
deteriorating.
2. (2) Predominance of defective or inadequate street layout. East State Street,
Edgewood, and Highway 44 are the primary streets that serve the area. East Parkinson, East
Syringa, South Conover, and East McGrath provide internal circulation. None o[these streets
would be considered defective or inadequate to any major degree.
3. (3) Faulty lot layout in relation to size. adequacy. accessibility. or usefulness.
This characteristic applies primarily to the long, narrow parcel n011h o[ East State Street and east
of Academy Avenue and the three parcels south of the first parcel on the south side of East State
Street.
4. (4) Insanitary or unsafe conditions. There are a number of conditions existing
within the proposed renewal area that apply to this characteristic. Typical insanitary conditions
include excessive amounts o[junk, trash, and weeds in violation o[City sanitation codes. Often
the most significant insanitary condition occurs in areas that lack sanitary sewers or where the
sanitary sewer system has insufficient capacity. According to the Eagle Sewer District, most of
the sewers in the area are fairly new and provide adequate service.
The designation "4T" appears on the map at several locations to indicate trashy
conditions on the property.
There are numerous unsafe conditions throughout the area. Most are found with the street
systems and include lack of sidewalks, curbs, and gutters; narrow, inadequate streets; and lack of
or inadequate street lights. Street lights were lacking on Conover, Dunyan, McGrath, and Elliott.
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 4
The only sidewalks in the area served the two new developments on State Street and Edgewood.
Therefore, the designation "4ST" appears on the map along most of the streets and indicates
unsafe conditions, primarily the lack of sidewalks.
5. (S) Deterioration of site and other improvements. Site improvements include
parking lots, fences, and landscaping areas, basically things other than structures that make up a
developed property. The term "other improvements" is the place where public improvements
such as streets, sidewalks, curbs, gutters, bridges, storm drains, water mains, sanitary sewers, and
public facilities such as swimming pools and public buildings are included. When the
number AS@ appears on the map on street rights-of-way, it denotes those streets are deteriorated,
either entirely or in part. Visual inspections are used to make these designations. When the
number appears on real property, that denotes deteriorated site improvements, usually parking
lots for already improved properties. Several propeliies have a number "s" on them because of
the condition of their parking lots. The mobile home parks on McGrath and East State Street
also have this designation because the parking areas were not paved.
6. (6) Diversity of ownership. Typically this characteristic is present when an area
that needs to be redeveloped because of rundown buildings is divided into a number of different
ownerships. It could also occur where existing businesses are hindered 111 expandll1g because 01'
the number of adjacent property ownerships. Multiple ownerships are more difficult for
developers to assemble. The MU-zoned property between East State Street and Dunyan received
this designation because of its ownership and development patterns.
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE CITY OF EAGLE - 5
7. (7) Tax and special assessment delinquency exceeding the fair yalue of the lam!.
This characteristic does not apply to the area.
8. (8) Defective aml unusual conditions of title. Thesc conditions have not been
found in the area.
9. (9) The existence of conditions which endanger life or property by fire and other
causes. The primary focus of this characteristic is inadequate fire protection facilities,
particularly fire hydrants for existing and projected new development. The hydrant problem is
present in the Randall Acres 15 area except for a Sh0l1 section of Parkinson between State Strect
m1d the canal. Therefore, a number "9F" appearing on the map in that location indicates a lack of
adequate fire protection facilities.
10. (10) Any combination of such factors. This number is placed on all areas where
two or more of the other characteristics are present.
C. Effects of Present Conditions
1. (a) Results in economic underdevclopment of the area. field review and aerial
photography show several examples of underdeveloped property. Parcels on both sides of
Edgewood fit this description.
2. (b) Substantially impairs or arrests the sound growth of a municipality.
Substantial areas on both sides of Edge wood are poised for redevelopment, but Edgewood needs
to be upgraded. If Edgewood were improved to eliminate the unsafe conditions by adding full
curb, gutter, and sidewalk treatment, the result could be faster development. When the City is
unable to meet infrastructure needs for extended periods of time, there is less incentive for the
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE CITY OF EAGLE - 6
private sector to invest in new development. Thus the sound growth of the City is adversely
affected.
3. (c) Retards the provision of housing accommodations or (d) constitutes an
economic or socialliabilitv. Older commercial and residential areas often suffer from an
inadequate public infrastructure. This area has significant problems with the street systems. The
longer adequate public infrastructure is delayed, the more new private development will be
discouraged. Hence, generation ofincreused property and other taxes will decline, so the area
will become an economic liability for the City and the other taxing district.
4. Ie) And is a menace to the public health. safetv. morals. or welfare in its present
condition or use. The previous discussion has established that this area has had slower growth
and, as a result, has become a modest economic liability. In addition, the unsafe condition of the
street system creates safety problems for the residents and businesses. Accordingly, these
conditions represent a menace or threat to the public welfare or prosperity and safety of the
community.
D. Appropriateness ofthe Area for an Urban Renewal Project
The second pali of the City Council's detem1ination is the policy decision of whether or
not the area is appropriate for an urban renewal project.
Note that part of the definition of an urban renewal project includes, "undertakings and
activities of a municipality in an urban renewal area for the elimination of deteriorated and
deteriorating areas." This report has provided evidence that the East State Street Area is a
deteriorating area because of the presence of various conditions, most of which are related to the
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREP ARED FOR THE CITY OF EAGLE - 7
public infrastructure. Either public infrastructure is older and needs to be replaced and/or
upgraded or it is inadequate to serve existing and new development. In either case, the result is
the same, existing development is often discouraged from upgrading and expanding, and new
development is often slowed or thwarted because of the lack of necessary public infi"astructure.
In this area, there has been some new development on Edgewood, but the mobile home parks
fronting on East State Street and McGrath still provide a negative image for the City that may
discourage other more difficult private redevelopment efforts.
Fortunately the preparation and approval of an urban renewal plan for this new area will
give the City additional resources to solve the public infrastructure problems in this area. Tax
increment revenue from the new developments on Edgewood could help to improve the situation.
In effect, propel1y taxes generated by new developments within the total area may be used by the
City's urban renewal agency to finance a variety of needed public improvemcnts. Public-private
partnership between the Agency and developers could encourage other new private
developments. Finally, some of the ncw developments may also generate new jobs in the
community that would, in turn, benefit City residents.
CONCLUSION
This report concludes that the East State Street Area described in this report is a
deteriorating and deteriorated area and, as such, is appropriate for an urban renewal project.
Attaclunents
EAST STATE STREET AREA URBAN RENEWAL ELIGIBILITY REPORT
PREPARED FOR THE CITY OF EAGLE - 8
DEFINITION OF DETERIORATING AREA. IDAHO CODE Q 50-2018(9)
AND DETERIORATED AREA. IDAHO CODE Q 50-2903(8)(b)
A deteriorating or deteriorated area is any area which bv reason of the presence of (J) a
substantial number of deteriorated or deteriorating structures; (2) predominance of defective or
inadequate street layout; (3) faulty lot layout in relation to size, adequacy, accessibility, or
usefulness; (4) insanitary or unsafe conditions; (5) deterioration of site or other improvements;
(6) diversity of ownership; (7) tax or special assessment delinquency exceeding the fair value ofthe
land; (8) defective or unusual conditions of title; (9) the existence of conditions which endanger life
or propeliy by fire and other causes; or (J 0) any combination of such factors, (a) (results in economic
underdevelopment of the area);1 (b) substantially impairs or atTests the sound growth of a
municipality; (c) retards the provision of housing accommodations; or (d) constitutes an economic or
social liability; and (e) is a menace to the public health, safety, morals, or welfare in its present
condition or use; provided, that if sllch deteriorating area consists of open land the conditions
contained in the proviso in Idaho Code Section SO-2008(d) shall apply.2 Provided however, this
definition shall not apply to any agricultural operation, as defined in section 22-4502(1), Idaho Code,
absent the consent of the owner ofthe agricultural operation, except for an agricultural operation that
has not been used for three (3) consecutive years2
IThis appears only in the revenue allocation statute.
zThis appears only in the urban renewal statute.
DEFINITION OF URBAN RENEWAL PROJECT, IDAHO CODE & 50-2018(10)
"Urban renewal project" may include undeltakings and activities of a municipality in an
urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of
the development or spread of slums and blight, and may involve slum clearance and redevelopment
in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any
combination or part thereof in accordance with an urban renewal plan. Such undertakings and
activities may include:
(a) acquisition of a deteriorated area or a deteriorating area or portion thereof;
(b) demolition and removal of buildings and improvements;
(c) installation, construction, or reconstruction of streets, utilities, parks, playgrounds,
off-street parking facilities, public facilities or buildings and other improvements necessary for
carrying out in the urban renewal area the urban renewal objectives ofthis act in accordance with thc
urban renewal plan;
(d) disposition of any property acquired in the urban renewal area (including sale, initial
leasing or retention by the agency itself) at its fair value for uses in accordance with the urban
renewal plan except for disposition of property to another public body;
(e) carrying out plans for a program of voluntary orcompLllsory repair and rehabilitation
of building or other improvements in accordance with the urban renewal plan;
(f) acquisition of real property in the urban renewal area which, under the urban renewal
plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation 0 f
the structures for guidance purposes, and resale of the property;
(g) acquisition of any other real property in the urban renewal area where necessary to
eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses
detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or
deterioration, or to provide land for needed public facilities;
(h) lending or investing federal funds; and
(i) construction of foundations, platfonns and other like structural forms.
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