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Minutes - 2010 - City Council - 12/14/2010 - Special EAGLE CITY COUNCIL Special Meeting Minutes December 14, 2010 **REGULAR SESSION WILL BEGIN AT 5:30 P.M. ** - No PUBLIC HEARINGS WILL BEGIN PRIOR TO 6:30 P.M.- I. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:38 p.m. 2. ROLL CALL: Present: SHOUSHT ARIAN, HUFFAKER, SEMANKO, GRASSER. All present. A quorum is present. Tracy Osborn leads the group in prayer. 3. PLEDGE OF ALLEGIANCE: The Mayor leads the pledge of allegiance. 4. EXECUTIVE SESSION: (approx. 1- I ]h hrs) A. Pendinl! and Threatened Litie:ation: I.c. 67-2345 (f) B. Acquisition of private property: I.C. 67-2345(C) Mayor Reynolds introduces the issue. Huffaker moves to go into Executive Session in accordance with I.e. 67-2345 c & f for the discussion regarding the City of Eagle water right case and the M3 water right case and the Gale Pooley v. City of Eagle litigation. Seconded by Semanko. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES.............. Council goes into Executive Session at 5:40 P.M. Council discusses City of Eagle water rights and M3 water rights case, as well as the Gale Pooley v. City of Eagle litigation. Council leaves Executive Session at 7:12 P.M. 5. PUBLIC COMMENT: Mayor opens up the floor to public comment. Patricia Minkowitz, Deerfield Court Eagle, Idaho. She compliments the City on the Christmas lights. Ms. Minkowitz also states that there is no illumination on the City Hall monument on one side and the light bulb is out on the other. Huffaker moves to amend the agenda item lOA to just after the consent agenda. The applicant needs to leave early. Seconded by Semanko. ALL AYE.. .MOTION CARRIES. Mellissa Brodt 179 S. Eagle Rd. Eagle, Idaho. She is representing the Eagle Idaho Merchants Association. She presents the Mayor and City Council with the merchant coupon books to review. These books are now available for purchase. Ms. Brodt reviews the fundraising opportunity that this coupon books presents. She compliments the City on the Christmas lights throughout town. 6. CONSENT AGENDA: . Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. . Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. Page I K'\CQUNCIL\MlNUTES\Temporary Minutes Work Area\CC-12-14-10min.doc A. Claims Against the City. B. Minutes of November 23, 2010. C. EXT-ll-IO - Final Plat Extension of Time for Bottlecreek Subdivision (formerlv Park Lane Estates)(FP-09-07) - Chad Moffat Chad Moffat is requesting a one-year extension of time for the final plat approval for Bottlecreek Subdivision (formerly Park Lane Estates), a 12-lot (7 residential, 5 common) residential subdivision. The 5.14-acre site is located approximately 2,000 feet north of W. Floating Feather Road on the west side of N. Park Lane at 1835 N. Park Lane. (WEV) D. EXT-12-10 - Final Development PlanlFinal Plat Extension of Time for Bellemeade Planned Unit Development (Bellemeade and Bellewood Subdivisions) (FP-05- 07/FP-06-07) - Thomas M. Ricks: Thomas M. Ricks is requesting a one (I) year extension of time for the final plat approvals for Bellemeade Subdivision, a 42-lot (30- buildable, 10-common, 2-existing homes to remain) residential subdivision and Bellewood Subdivision, a 21-lot (l4-buildable, 6-common, I-existing home to remain) residential subdivision. The 15.75 acre planned unit development is located on Lots 1-2, Block 1, and Lot 2, Block 2, of Flint Estates Subdivision at 312 North Park Lane, 3850 West Flint Drive and 3855 West Flint Drive. (WEV) E. Findine:s of Fact and Conclusions of Law for PP/FP-OI-IO & V-OI-IO Combined Preliminary and Final Plat and a Variance for a Private Street for M3/Hanson Subdivision - M3 Companies LLC: M3 Companies, LLC, represented by Shawn Nickel with Stanley Consultants, Inc., is requesting combined preliminary plat and final plat approval for M3-Hanson Subdivision, a five (5) lot residential subdivision (4- residential, I-private street) and a variance to allow for a private street within the subdivision. The 24.22 - acre site is generally located on the west side of North Hartley Road approximately 0.8 miles north of West Beacon Light Road. (WEV) F. Re-appointments to the Eae:le Arts Commission: Mayor Reynolds is requesting the re- appointment of Linda Butler and Bill St{~phen to the Arts Commission for a three year terms. (JR) Shoushtarian removes 6A. Huffaker moves to approve the balance of the consent agenda, items 6BAmended Consent Agenda. Seconded by Semanko. Huffaker: AYE; Shoushtarian: AYE; Semanko: AYE: Grasser: AYE: ALL AYES: MOTION CARRIES.............. Clarification is provided to Council by the Sr. Deputy Clerk/Treasurer Osborn on submitted vouchers. Shoushtarian moves to approve item 6A. Seconded by Grasser. GRASSER AYE; SHSOUSHTARIAN,AYE; HUFFAKER AYE; SEMANKOAYE. ALL AYE...MOTION CARRIES. lOA. CU-03-08 - Update re2ardine: the Ada County Paramedics Ambulance Service Dispatch Station located at the Eae:le St. Luke's Re2ional Medical Center - St. Luke's Health System: Pat Burton with St. Luke's Health System and St. Luke's Eagle Regional Medical Center will provide the City Council with an update regarding the operation of the: ambulance service dispatch station located at the Eagle St. Luke's Regional Medical Center. The 14.49-acre site is located at the southwest corner of State Highway 44 and Horseshoe Bend Road at 3101 E. State Street. (WEV) Mayor Reynolds introduces the issue. Pat Burton, my home address is 1923 Trail Creek Way Eagle, Idaho. She works for St. Luke's Health System. Ms. Burton states that there have been no complaints from the neighboring subdivision. St. Luke's did provide money to the Lakeland Estates subdivision. A letter from the HOA president stating that St. Luke's has been a good neighbor was submitted to the Mayor and Council for review. Darby Weston Deputy Director with Ada County Paramedics. Director Weston states that they are pleased to provide paramedic services at the Eagle location and feels like it is a great fit. General discussion. Page 2 K:\COUNCIL\MINUTES\Temporary Minules Work Area\CC-12-14-10min.doc 7 PROCLAMATIONS & RESOLUTIONS: A. Resolution No. 10-32: A resolution authorizing destruction of semi-permanent public records. (SKB) Mayor Reynolds introduces the issue. Huffaker moves to approve Resolution No. 10-32. Seconded by Semanko. ALL AYE...MOTION CARRIES. B. Resolution No. 10-33: A resolution authorizing the destruction of temporary and transitional public records. (SKB) Mayor Reynolds introduces the issue. Huffaker moves to approve Resolution 10-33. Seconded by Semanko. ALL AYE...MOTION CARRIES. 8. PUBLIC HEARINGS: A. CPA-OI-IO - Comprehensive Plan Map and Text Amendment - Downtown Eae:le Subarea Plan: The City of Eagle is proposing a Comprehensive Plan Map and Text Amendment for the "Downtown Eagle Subarea Plan." The plan includes text changes and changes to the Future Land Use Map for +/- 340 acres from Central Business District, Residential Four (four (4) units per acre), Mixed Use, and Commercial to "Downtown." The +/-340-acre subarea is generally located north ofthe State Highway 44 Bypass, south of the Dry Creek Canal, west of Edgewood Lane, and east of Taylor Street. The changes are more specifically described in the application on file at the City of Eagle or on the City's website at www.cityofeagle.org.This item was continuedfrom the November 23,2010 meeting. The public hearing remains open for additional testimony. Mayor Reynolds introduces the issue. City Planner, Baird-Spencer provides clarification on the comprehensive plan designation on First Street and presents the requested changes to the proposed future land use map. Discussion. Mayor Reynolds opens the public hearing. Richard Ames, 120 N. 2nd Street Eagle, Idaho. He is a little concerned with how the downtown plan will be utilized by the Urban Renewal Agency. His property is not affected by the proposed changes to the comprehensive plan. Mr. Ames is a little concerned with the openness of the Urban Renewal Agency and hopes to follow up with that and ensure the inclusion ofthe resident in their decision making process. Sheila Martin, 267 E. 151 Street Eagle, Idaho. She has questions and is in hopes to be answered regarding legal notices on a comprehensive plan amendment. Ms. Martin has additional concerns about water rights, and future legal notices to adjoining property owner when future development occurs on 151 Street. She would like her property rights protected and has great concern about the Urban Renewal Agency. Ms. Martin states that Mike Moyle and Kathleen Sims and will be weighing in heavily about restructuring the laws regarding Urban Renewal Agencies" They provide a handout to the Council (copy attached to the minutes.). Parking issues may arise. They would like their property to be a transitional area to maintain their integrity. Discussion. Melissa Brodt, 179 S. Eagle Road Eagle, Idaho. She asks if Kelly Beech, the owner of with Gaia Gallery, has been privy to the current proceedings. Huffaker confirms that the gallery owner has been attendance. Ms. Brodt she encourages the Council to visit the site to see the challenges they currently exists for cottage type businesses. She feels that the 4 properties should flow to cottage retail. Discussion regarding business friendly zoning, traffic and process. Page J K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-14-10min.doc Richard Ames, notes that there appears to be definitional differences between some of the participants tonight. Concerns for property rights is apparent. Ifthe hurdle of terminology could be cleared then perhaps some of the fear would be alleviated. Discussion regarding the proposed Urban Renewal Agency expanded boundary. Perhaps a workshop with the Urban Renewal Agency would be beneficial. Discussion regarding the four properties in question and those requesting transitional zoning. Have City Staff approach the property owners along Eagle Road may want their designation be changed as well. The property owners should be given the opportunity to express their desires. Semanko moves to continue this item to the first public hearing in January leaving the public hearing open. Seconded by Grasser. Discussion. Staff is to contact the property owners along Eagle Road north of Idaho Street and South of Mission Drive concerning the inclusion of their property into the Downtown Eagle Plan and the Old Towne subarea, and report back to Council staff's findings. Seconded by Grasser. ALL AYE...MOTION CARRIES. Marla Steenson (no address given), inquires how Councilman Huffaker can sit on both the Council and Urban Renewal Agency. Ms. Steenson is still concerned with conflict of interest. Councilman Huffaker states that he is allowed to sit on both as it allowed by Idaho State law. The Idaho Supreme Court has actually weighed in on the matter and confirmed that it is allowed. Discussion. 9. UNFINISHED BUSINESS: A. Discussion of Co-location of Ada County Sheriff's Office services to current City Hall location. Mayor Reynolds introduces the issue. Public Works Director, Echeita reviews the plumbing quotes he received to add a bathroom on the north side ofthe city hall building. Discussion of sewer options available to add the restroom to be exclusively used by Sheriffs Office personnel and costs associated with the same. Echeita will meet with Lt. Hippe about the relocation ofthe sergeant's office depending on the location of the bathroom install. He will do acquire additional quotes for the plumbing as requested by the Council and will e-mail them to the Council as soon as he receives them to mitigate any further delay. He will also confirm with Mr. Phillips that it is okay to add a restroom. 10. NEW BUSINESS: A. CU-03-08 - Update ree:ardin2 the Ada County Paramedics Ambulance Service Dispatch Station located at the Eae:le St. Luke's Ree:ional Medical Center - St. Luke's Health System: Pat Burton with St. Luke's Health System and St. Luke's Eagle Regional Medical Center will provide the City Council with an update regarding the operation of the ambulance service dispatch station located at the Eagle St. Luke's Regional Medical Center. The 14.49-acn~ site is located at the southwest corner of State Highway 44 and Horseshoe Bend Road at 3101 E. State Street. (WEV) Mayor Reynolds introduces the issue. Moved to after consent agenda. B. Intertie ae:reement between the City of Eae:le Water Department and United Water Company: (MJE) Mayor Reynolds introduces the issue. Water Department Director, Michael Echeita reviews the intertie agreement. Greg Wyatt with United Water Company provides comme:nt as to the design. Page 4 K:\COUNCIL\MINUTES\Temporary Minules Work Area\CC-12-14-10mln.doc Huffaker moves to authorize the mayor to enter into the intertie agreement between the City of Eagle Water Department and United Water Company. Seconded by Shoushtarian. GRASSER AYE; SHOUSHT ARIAN AYE; HUFFAKER AYE; GRASSER AYE. MOTION CARRIES. 11. REPORTS: A. Mayor and Council Reports and Concerns: Huffaker notes that the Urban Renewal agency has required that the number of agency board members be altered. Shoushtarian states that the Senior Citizens are happy with the tree trimming in front of their building. Councilmember Shoushtarian state he would like the sign ordinance to be re-visited after the holidays, and have it placed on a future agenda. Huffaker and Semanko concur that the discussion should be held, and that it should include how the City will go about enforcement. This is to go on the 151 meeting in January. B. City Clerk/Treasurer Report: Deputy Clerk Osborn comments on the PERSI news release regarding the postponement of rate increases that they had anticipated taking in July of 20 11. e. Zoning Administrator's Report: The Arbor Ridge property sold today at auction and purchased by Justin Keller. D. Public Works Director Report: Public Works Director Echeita states that the street lights have been installed, there were five that had malfunctions from the factory, but they will be replaced hopefully by the end of the year. E. City Attorney Report: No report. 12. ADJOURNMENT: Huffaker moves to adjourn. Seconded by Grasser. ALL AYES: MOTION CARRIES... Hearing no further business, the Council meeting adjourned at 9:30 p.m. Respectfully submitted: llir~~-ffio~ .....JSHARON K. BERGMANN CITY CLERK/TREASURER APL...f OVED: ~ . If)' . JAMES D. REYN S MAYOR ", t' ,II'" I".t', ...... 0 f EA .... ,.." t\. --{ 0....... G Z r. ..... .: "..- .... ~... ..... : v. ....yOR,<\)o.. . : .. o~ 4"~,.. ~ ::c :.: :*- ..-....... . ... : ~ SEAL;-: f ':. -."'A_ .....0.,.. 0 :: -- .-Yo: " . ... ~" Jl~...~RPORt-."'.~.. ~":" 4;'::' ,~. ...... ~. ~ ""'<1. l'e 0 ,; ,'V"." """I.Rllli..~l\" AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 5 K:\CQUNCIL\MINUTES\Temporary Minutes Work Area\CC-12-14~] Omin.doc December 10, 2010 To: Mayor Reynolds and Eagle City Council Re: Eagle Comprehensive Plan and Urban Renewal District 19,1141 so RECEIVED & FILED CIN OF EAGLE DEC 13 2010 FUG' Route to• Please accept this document as information provided to address some of my questions and concerns about the upcoming Eagle Comprehensive Plan (CP) as it relates to affected properties in the proposed developmental areas and the scope of powers of the Eagle Urban Renewal Agency (URA) as they relate to the CP. As I research implications of expanding areas within the URA's area of operation resulting from the new CP, I am finding what appear to be contradicting sections of State Statutes regarding the defined powers of Eminent Domain, Urban Renewal, and the enumerated powers of Urban Renewal Agencies. Attached are sections of these statutes as an example of issues I will continue to explore and which serve as a basis for comments I may make in Public Hearings. It seems that the URA will be used as a mechanism to allow types of economic activity or decisions that would be prohibited if conducted as part of normal City business. It also seems that activities defined as allowable under Idaho Statutes could reduce or eliminate public involvement or public awareness of the utilization of public monies for activities within the City. On the surface, it seems that funneling taxes away from existing governmental agencies to support and fund activities of the URA reduces the ability of existing agencies to adequately fund current service levels by reducing revenue while at the same time — by design and intent — seeking to increase the need of services by enhancing existing businesses or by providing new business opportunities within the City. This seems to invite two scenarios: 1. The City of Eagle will have less available revenue to meet identified needs. 2. The City of Eagle will shift the lost tax burden to properties outside the affected areas to continue providing the same — or higher — levels of services. Additional issues I am exploring include the following: • The openness of the URA to public requests for information. • Inclusion of affected residents living in designated development areas on the URA board. • The mechanisms used to communicate current and future plans to interested people. • The rights/responsibilities of the Public to be informed about City and URA activities. • Requiring any elected officials, City employees and URA directors to declare any direct/indirect financial interests they may have in properties discussed or included in developmental areas or which may be affected in the normal course of plans and activities that are funded by tax monies. Richard A. Ames 120 N. 2nd Eagle, ID 83616 t. IDAHO STATUTES TITLE 7 SPECIAL PROCEEDINGS CHAPTER 7 EMINENT DOMAIN 7-701A.LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES, URBAN RENEWAL OR ECONOMIC DEVELOPMENT PURPOSES. (1) This section limits and restricts the use of eminent domain under the laws of this state or local ordinance by the state of Idaho, its instrumentalities, political subdivisions, public agencies, or bodies corporate and politic of the state to condemn any interest in property in order to convey the condemned interest to a private interest or person as provided herein. (2) Eminent domain shall not be used to acquire private property: (a) For any alleged public use which is merely a pretext for the transfer of the condemned property or any interest in that property to a private party; or (b) For the purpose of promoting or effectuating economic development; provided however, that nothing herein shall affect the exercise of eminent domain: (i) Pursuant to chapter 15, title 70, Idaho Code, and title 42, Idaho Code; or (ii) Pursuant to chapters 19, 20 or 29, title 50, Idaho Code, except that no private property shall be taken through exercise of eminent domain within the area of operation of a housing authority or within an urban renewal area or within a deteriorated or deteriorating area or within a competitively disadvantaged border community area unless the specific property to be condemned is proven by clear and convincing evidence to be in such condition that it meets all of the requirements: 1. The property, due to general dilapidation, compromised structural integrity, or failed mechanical systems, endangers life or endangers property by fire or by other perils that pose an actual identifiable threat to building occupants; and 2. The property contains specifically identifiable conditions that pose an actual risk to human health, transmission of disease, juvenile delinquency or criminal content; and 3. The property presents an actual risk of harm to the public health, safety, morals or general welfare; or (iii) For those public and private uses for which eminent domain is expressly provided in the constitution of the state of Idaho. (3) This section shall not affect the authority of a governmental entity to condemn a leasehold estate on property owned by the governmental entity. (4) The rationale for condemnation by the governmental entity proposing to condemn property shall be freely reviewable in the course of judicial proceedings involving exercise of the power of eminent domain. TITLE 50 MUNICIPAL CORPORATIONS CHAT' i EK 20 URBAN RENEWAL LAW 50-2007.POWERS. Every urban renewal agency shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers in addition to others herein granted: (b) to provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with an urban renewal project; to install, construct, and reconstruct streets, utilities, parks, playgrounds, off-street parking facilities, public facilities, other buildings or public improvements; and any improvements necessary or incidental to a redevelopment project; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project and related activities, and to include in any contract let in connection with such a project and related activities, provisions to fulfill such of said conditions as it may deem reasonable and appropriate; (c) within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings, and to obtain, upon sufficient cause and after a hearing on the matter, an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property (or personal property for its administrative purposes) together with any improvements thereon; to hold, improve, renovate, rehabilitate, clear or prepare for redevelopment any such property or buildings; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this act: Provided, however, that no statutory provision with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a municipality or other public body exercising powers hereunder in the exercise of such functions with respect to an urban renewal project and related activities, unless the legislature shall specifically so state; (d) with the approval of the local governing body, (1) prior to approval of an urban renewal plan, or approval of any modifications of the plan, to acquire real property in an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; and (2) to assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this subsection in the event that the real property is not made part of the urban renewal project; EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP December 14, 2010 CPA -01-10 - Comprehensive Plan Map and Text Amendment - Downtown Eaile Subarea Plan NAME dxof AI/1.6 "rifriSpi ADDRESS 120 • 2 v -,d o -S Lt TESTIFY PRO/ CON or YES/NO NEUTRAL .261 a) /5r=v;(S clieee Y EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP November 23, 2010 Subject: CPA -01-10 - Comprehensive Plan Man and Text Amendment - Downtown Eagle Subarea Plan: The City of Eagle is proposing a Comprehensive Plan Map and Text Amendment for the "Downtown Eagle Subarea Plan." The plan includes text changes and changes to the Future Land Use Map for +/- 340 acres from Central Business District, Residential Four (four (4) units per acre), Mixed Use, and Commercial to "Downtown." The +/-340-acre subarea is generally located north of the State Highway 44 Bypass, south of the Dry Creek Canal, west of Edgewood Lane, and east of Taylor Street. The changes are more specifically described in the application on file at the City of Eagle or on the City's website at www.citvolea.le.org. C.{,)I NAME. 1 " ; t `',...?_,V- ',' Vj-1� 1,"‘1 ' ADDRESS t -i S1)74L' jV ►c/(( p/7d / J- A 1 7/. 17 i\ (L' I ' S g 7 )/1-1_.J,4,t,4-1-vopt TESTIFY PRO/ CON or YES/NO NEUTRAL D f! EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP November 23, 2010 Subject: PP/FP-01-10 & V-01-10 Combined Preliminary and Final Plat and a Variance for a Private Street for M3/Hanson Subdivision — M3 Companies LLC: M3 Companies, LLC, represented by Shawn Nickel with Stanley Consultants, Inc., is requesting combined preliminary plat and final plat approval for M3 -Hanson Subdivision, a five (5) lot residential subdivision (4 -residential, I -private street) and a variance to allow for a private street within the subdivision. The 24.22 - acre site is generally located on the west side of North Hartley Road approximately 0.8 miles north of West Beacon Light Road. (WEV) NAME Sti7, A, c ke, ADDRESS / V A, • Z ,-/ 54, TESTIFY PRO/ CON or YES/NO NEUTRAL yps /10 Eagle City Hall 660 E. Civic Ln./P.O. Box 1520 Eagle, Idaho 83616 (208) 939-6813 (ext.201) fax (208) 939-6827 A memo from the Sr. Deputy City Clerk/Treasurer To: Mayor Reynolds & City Council CC: Susan Buxton From: Tracy E. Osborn, CMC Date: November 22, 2010 Re: Agenda addition Per the request of the City Attorney, please add the discussion of the proposed MYAC dance on the agenda to be heard at the end of New Business. 111,1) I( 27l Life is good! Tracy Osborn From: Susan E. Buxton [SEB@msbtlaw.com] Sent: Monday, November 22, 2010 3:55 PM To: Tracy Osborn Cc: Jim Reynolds Subject: RE: Qwest Arena Event Deal Points Tracy and Jim - 1 think this is a question that the City Council must address for the final permission. 1 would be concerned that ICRMP could deny coverage as the benefited party is the Idaho Food Bank that is a corporation I request this be put on the agenda for tomorrow night with the letters and email stream provided to the City Council. Thanks, Susan SuoarvE &u tom Moore Smith Buxton & Turcke, Chartered 950 W. Bannock Street, Suite 520 Boise. Idaho 83702 Phone: 208/331-1800 Fax: 208/331-1202 seb(a�msbtlaw com CONFIDENTIALITY. SIGNATURE. AND TAX DISCLOSURE NOTICE: This email, and any attachments, may contain information that is privileged, confidential and/or protected from disclosure under applicable law, and nothing contained therein shall be deemed to waive or diminish the protections afforded by such laws Do not: (i) deliver, distribute copy, or disclose this transmission or its contents to any third party or business entity, or (II) produce a copy of this e-mail in connection with any litigation without the advice of an attorney; or (Hi) take any action in reliance on the information it contains. Printed copies of this e-mail should not be kept in your regular files. If you print a copy of this e-mail, place it in a separate file labeled "Attorney -Client Privilege". If you are not an intended recipient of this transmission, please notify the sender immediately and delete the original message without making any copies. Nothing in this communication is intended to constitute an electronic signature, unless a specific statement to the contrary is included in this communication. Nothing contained in this email was intended or written to be used, or can be used by any taxpayer for the purpose of avoiding penalties that may be imposed on such taxpayer under the Internal Revenue Code of 1986, as amended. Original Message From: Tracy Osborn[mailto:tosborn@cityofeagle.org] Sent: Monday, November 22, 2010 9:40 AM To: Susan E. Buxton Subject: FW: Qwest Arena Event Deal Points From: Tracy Osborn Sent: Monday, November 22, 2010 9:39 AM To: Jim Reynolds Subject: FW: Qwest Arena Event Deal Points From: Shery Harmon [mailto:SHarmon©icrmp.org] Sent: Monday, November 22, 2010 9:38 AM To: Tracy Osborn Cc: shannon@jkinsur.com Subject: RE: Qwest Arena Event Deal Points Oh heavens.. here is the correct additional insured letter. 1 From: Tracy Osborn [mailto:tosborn@cityofeagle.org] Sent: Monday, November 22, 2010 9:29 AM To: Shery Harmon Subject: RE: Qwest Arena Event Deal Points Wow, you were super fast! Thanks for your help. Should the additional insured letter be City of Eagle or did you intend for us to get a copy for the City of Pocatello? From: Shery Harmon [mailto:SHarmon@icrmp.org] Sent: Monday, November 22, 2010 9:23 AM To: Tracy Osborn Cc: shannon@jkinsur.com Subject: RE: Qwest Arena Event Deal Points Tracy Here is the certificate of insurance and the additional insured substitute letter that ICRMP can provide to Qwest. Our limits are not what they are asking for and since City of Eagle is a governmental entity, you do not have the lawful authority to purchase insurance on behalf of private parties such as Block 22, LLC. This is the only stumbling block that I can see. Go ahead and give this certificate and additional insured letter to John Cunningham as they may accept as written. Let me know From: Tracy Osborn [mailto:tosborn@cityofeagle.org] Sent: Monday, November 22, 2010 7:55 AM To: Shery Harmon Subject: FW: Qwest Arena Event Deal Points Importance: High Hi Shery This is what we received from the guy from Qwest. I highlighted the one about insurance. Can you let me know if this is "do -able" far the City of Eagle, and what concerns/issues if any we should be aware of? I told the kids I would attempt to get them a solid "YES" or "NO" this week, any help you could provide will be greatly appreciated. Give me a call if you have any questions. 939-6813 Tracy Osborn, CMC Sr. Deputy Clerk/Treasurer City of Eagle. ID 2 From: Courtney Schmit [mailto:courtneyschmit@gmail,com] Sent: Friday, November 19, 2010 5:49 PM To: Tracy Osborn; shane.ryan.rosse@gmail.com Subject: Fwd: Qwest Arena Event Deal Points Forwarded message From: courtnevschmitna gmail.com <courtnevschmit(a,,gmail.com> Date: Fri, Nov 19, 2010 at 5:45 PM Subject: Re: Qwest Arena Event Deal Points To: icunninwham@block2211c.com This sounds great to me! I am forwarding it on to our advisor and the mayor who will look over it and make sure everything checks out. Thanks so much for all your help! This would not be possible without your generosity. Courtney Sent from the Verizon network using Mobile Email Original Message From: John Cunningham <icunninaham(u?block2211c.com> To: <courtnevschmita,,gmail.com> Cc: "Sean Rhodes" <SRHODESrigwestarenaidaho.com>,"Jennifer Westerdoll" <i westerdol lnawestarenaidaho.com>, <iirevnolds(ckitvofea2le.or2> Date: Fri, Nov 19, 4:37 PM -0700 Subject: Qwest Arena Event Deal Points Courtney, We wanted to confirm some of the deal points we discussed in writing: * DATE: Wed., December 22, 2010 * TIME: Approx. 8p - 11 p (TBD) (Doors open 30 minutes prior to event start time) * RENT: $0 * Concession stands will be open. NO ALCOHOL will be sold that night. * No outside food & beverage is allowed. 3 * City of Eagle to Provide: o DJ/entertainment o Emcee (if different from above) o Stage o Additional Sound & Lights o Certificate of General Liability Insurance ($2m per occurrence) naming Qwest Arena as an additional insured o 10 Volunteers as Chaperones (if possible) o 10 Volunteers for post -event clean-up (pick up cups, napkins, etc.) o Event Marketing & Promotion o Canned Food drive management, including the collection and storage of all donated canned goods o Introduction of Qwest Arena/Idaho Steelheads personnel to High School leaders for joint marketing purposes * Qwest Arena to Provide: o Arena (solid floor, no folding chairs, normal event seating in place) o Event security (typical levels for a non -alcohol event) o Post -event "deep" cleaning (restroom cleaning, mopping, etc.) Reply to this with your comments. John F. Cunningham Block 22, LLC 233 S. Capitol Blvd. Boise, ID 83702 main: (208) 383-0080 direct: (208) 489-3714 fax: (208) 383-0194 www.awestarenaidaho.com<httn://www.awestarenaidaho.com/> www.2rovehotelboise.com<htto://vwvw.zrovehotelboise.com/> www.idahosteelheads.com <httn://www.idahosteelheads.comi> CERTIFICATE OF INSURANCE Issue Date: Monday, November 22, 2010 9:00:04 A ' Agent for Public Entity: Shannon Bryson J & K Insurance, Inc PO Box 907 1 Meridian Insuring Pool Participant: City of Eagle PO Box 1520 Eagle ID 83642 - ID 83616 - This certificate is issued as evidence of the insurance coverage provided to the named Insuring Participant. It does not amend, extend or alter the coverage afforded by the policies below. It does not extend coverage beyond that permissble by Idaho Code Section 6-923 (Governmental Tort Liabilty Act) PROGRAM AFFORDING COVERAGE: Idaho Counties Risk Management Program, Underwriters This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certifcate may be issued or may pertain the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Section Type of Insurance Policy Number Effective Date Expiration Date Deductible: Number -Coverage Form 30A02050100110 11/22/2010 9/30/2011 $500 1i itc I 1PROPERTY INSURANCE IA. Buildings, Structures and Personal Property I Amount Reported in Schedule of Values B. Automobile and Mobile Equipment Physical Damage and with limits, conditions and exclusions IC. Operation& Disruption Expense D. Valuable Papers and Records I For Claims For All Other Brought Pursuant Covered to Title ,Ch.9, Liability Claims Idaho Code 11 COMPREHENSIVE IA.General Liability Each Occurrence $500,000 $3,000,000 GENERAL Ie. Premises Medical Payments Each Person $5,000 LIABILITY Each Accident $100,000 J IC. Law Enforcement Liability Each Occurrence $500,000 $3,000,000 D Sexual Molestation (CLAIMS MADE) Each Claim $500,000 $3,000,000 111 AUTOMOBILE LIABILTY A.Automobile Liability Each Occurrence $500,000 $3,000,000 IB. Automobile Medical Payments Each Person $5,000 Each Accident $100,000 C. Uninsured Motorist Each Person $100,000 Each Accident $300,000 IV ERRORS AND OMISSIONS ERRORS AND OMISSIONS LIABILITY Each Occurrence 5500,000 $3,000,000 r QQi�'j� q� F FflPM Employee Medical Ins Benefit Liability V CRIME thSUIUNCE A.Employee Dishonesty Each Occurrence $500,000 -OCC JRRENCE FORM B. Money and Securities (within premises) (INCL UDES PUBLIC OFFICIALS' C. Money and Securities (outside premises) SURE TY -IN -LIEU VI BOILER AND MACHINERY A.Damaged Property B. Expediting Expenses C. Buisness Income and Extra Expense D. Spoilage Damage E. Utility Interruption F. Newly Acquired Premises G. Ordinance or Law H. Errors and Omissions Description of Operations/Locations/Vehicles/Restrictions/Special Items: City of Eagle Mayors Teenage Advisory Council School Dance at Qwest Arena 'ach Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence General Aggregate Varies Per Item $2, 500,000 Included $1,000,000 $2,500,000 $5,000,000 $5,000,000 $10,000,000 $100,000,000 As Respects for the above described item. This certificate recognizes that there is coverage, both for property damage and liability arising out of the acts of the Insuring Pool Participant. If the below listed Certificate Holder is named as a party to a lawsuit solely because of its relationship with the Insuring Pool Participant and not as a result of its own conduct, ICRMP will accept a tender of its defense, until determination of liability. The below listed Certificate Holder as Loss Payee as their interest may appear. Cancellation Certificate Holder: Should any of the above described policies be cancelled before the expiration date thereof, the Block 22, LLC issuing Program will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the John F. Cunningham Program, its agents or representatives 233 S Capitol Blvd Authorized Representative 7_ 2 4 eiY �I Boise ID 83702 Y l 11 ow-vvvyyvICRMP 10/11 !CRMP SHERY HARMON MEMBER SERVICES November 22, 2010 Block 22, LLC John F. Cunningham 233 S Capitol Blvd. Boise ID 83702 RE: City of Eagle — Certificate Request ...mote titanium Lzsutaaae I am summarizing ICRMP's position regarding additional insured language on our certificates of insurance. As outlined, the member referenced above is a governmental entity within the State of Idaho. Idaho Code § 6-923 allows for political subdivisions to purchase insurance for "themselves and their employees." This is also specifically prohibited by the Idaho Constitution Article VIII, Section 4: No county, city, town, township, board of education, or school district, or other subdivision, shall lend, or pledge the credit or faith thereof directly or indirectly, in any manner, to, or in aid of any individual, association or corporation, for any amount or for any purpose whatever, or become responsible for any debt, contract or liability of any individual, association or corporation in or out of this state. Governmental entities do not have the lawful authority to purchase insurance on behalf of private parties, such as Block 22, LLC. Even though we cannot use the terminology of "additional insured", we can provide you with a Certificate of Insurance, which shows that there is insurance on the property and that we will accept a tender of your defense if you are named party to a lawsuit solely because of your relationship with this member and not as a result of your own conduct. I hope this information will better explain who we are, who our member is and why we cannot supply you with the words "additional insured" on your certificate of insurance. Please let me know as soon as possible that this situation has been resolved in the favor of our member. Sincerely, Shery Harmon Shery Harmon Member Services IDAHO COUNTIES RISK MANAGEMENT PROGRAM. UNDERWRITERS O 3100 VISTA AVENUE. SUITE 300 0 BOISE. IDAHO 83705 O P.O. Box 15249 0 BOISE. IDAHO 83715 PHONE (205) 336.3100 0 FAx (208) 336-2100 Tracy Osborn From: Shery Harmon [SHarmon@icrmp.org] Sent: Tuesday, November 16, 2010 2'24 PM To: Tracy Osborn Subject: City of Eagle Tracy: If the City decides to go ahead, this type of event is covered under the ICRMP policy. Following are a few pointers for you: Qwest Arena is going to want more liab limits than we have to cover them and name them as addl insured, which we cannot normally comply with. That will be a sticking point. Parents should sign permission slips for attendance. Traffic control should be in place for 2000 kids or whatever Qwest arena normally does. Security should be utilized and covering the parking area/indoors and outdoor areas. Again, assuming the contract with Qwest Arena would have to be engaged. I don't know how that can be "free". Security and safety are my concerns. So just let us know what is decided. Thanks! Shier/ 'Jit,1!"111011 ICRMP Member Services sharmon(a�icrmID.oro or intake(c�icrmo.ora Phone 208.336-3100 Fax 208.336.2100 CONFIDENTIALITY NOTICE This email, and any files transmitted with it, is the property of the ICRMP and, unless indicated otherwise, is intended only for the individual or entity addressed This email may contain information considered privileged or confidential and legally exempt from disclosure !f the reader is not the intended recipient. or the recipient's authorized agent, you am hereby advised that copying or dissemination of this communication is prohibited. if you have received this email in error, please notify the sender immediately. 1 GARY RANEY, SHERIFF City of Eagle Police Monthly Report October 2010 Group A NIERS Crime* Person Crime* Property Crime* Society Crime* Total Felony Misdemeanor # of Reported Crimes 80 60 40 20 0 YTD 2009 2010 Clearance Rate 2010 YTD 2010 August September October 80 115 58.3% 13 6 20 228 260 22.3% 22 26 36 79 65 89.2% 3 13 6 387 440 41.6% 38 45 62 Group A NIERS Crime Rate YTD (per 1,000) 175 185 28.1% 15 18 33 2009: 18.1 212 253 51.0% 23 26 29 2010: 21.4 City of Eagle Population COMPASS 2009: 21,370 COMPASS 2010 (proposed): 20,590 % Change -3.6% Nal - Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Person Property ti _.-_ Society 2009 Monthly Average Change 18.0% 2009 Clearance Rates Person: 72.4% Property: 24.6% Society: 89.5% Total: 46.6% Felony: 37.6% Misdemeanor: 54.1% As of February 2010 `('mop A''It3kl ( rime include 110 limon Proper,. , and Si,Ietl 441 len •0,:.41egorle.It.i .l helu.t Pet .1101. nmol .\;;.lull I I„nurlde kI 11,gipur_ Abduction I „table ,oil Sun-iou.ihle so. 1111; n>r I'1opom Ctun:> AuSon. 1.3 nbct\ tam elan-. 4. unkrtemne I n1. go % f)e-.nuo m,' Damage \';tnkaltsni of �'lnitem I nd,.7,Iolncnt E\lonlnn Blackmail 1 laud 1 )Ifon.la. 1 x1000\ I hen 1)Hon..1, Motor \0h1. le I heti. Rohl>`i\_ Stolen 111411. u. )1 t. nse Sot tees (limes f)rug lvarcoil. Offenses Ciamblinc. Ponwerlpin Obscene Matenal. P10",tntttloll. Wea)on I du VI1I5u0ns Police Activity Calls For Services (Total) Total Response Time ('ode 3$ Calls For Service Code 3$ Response Time Proactive Policingi Reports (DR's) Arrests§ Citations # of Incidents 2000 1500 1000 - 500 - - - 0 1'TD 2010 2009 2010 August September October 3.508 3.494 408 380 379 6:58 7:10 6:58 7:22 7:19 75 51 9 5 6 2:58 2:54 2:55 2:30 2:51 10,025 8,172 775 700 848 1.380 1.251 118 124 132 370 322 36 40 16 1.458 636 67 58 63 ALAI,JUNI Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Calls For Service Prm,ded B, ACSO C 4t' th Proactive Policing 2009 Monthly Average October 2010 Top Calls For Service Burglary Alarm (21) Attempt To Locate Reckless Driver (20) Auto Accident Non -Injury (20) Veh Burglary Report (I7) Juvenile Problem (13) l alk 1 01 4)015100 Citi/01i g.nctatod Calls to I 1 000-emercno 14114111x1. and cell phone) ohligaied 111410 I.Proacto. Policing "I r,tl7ie slops_ licld nnten 1014 s. nae tlo.lns 4.niten cnluacl>, directed patrols selecu\e11allil.,.nluiLemcnl & ptuhlcm 111111141. 110001 waled tine :Code : Call requiring an l'lI1Cr'eenq. Reponse when one ai more of the Iitl lou ins condition, 1s helloed to 0\1.1 situation 1mo1h 05 itnnunCnl pelentlad lot s0 o 41144. 11111114 or death 10 am persons. 111 mile} to pres011i 04 halt .4 emu._ of lolonee, \then a serious public Ilaeaid exists, or 01101001165 response It 411 enitan4.c the II1.cllhool or apps ioulin1 ;4 101014\ suspect 'Inst totals a1, h:r,ed nn the:not in lvhu.h the un e mal 1111110 ,,e. lured Data nblvned from Ne„ World CAD Legac, AS4Int ISTARS. and lTD 0. ebCars databases Data quened 11 15 1(4 Page I of 2 Property Crime Vehicle Burglary. Residential Burglary Commercial Burglary. Construction Burglary Vandalism Other** Total Construction Site ('heck Property/Security Check \:.,n, Nether YTD 2009 30 29 8 45 115 228 2010 2010 August September October 59 1 10 32 4 3 10 0 0 2 0 0 47 8 5 110 9 8 260 22 26 365 467 50 1,405 1376 193 ,other Properly ('rimes include: 49 183 18 5 2 0 10 36 57 259 t nunterlcnnr_ • I ur 1 i mh.•idemt nl 1 �lnruu❑ Blackmail It nal. 1 .rr«m, 1 h:it \l 'ir \'ehr_le IIlett Itohhen trod .1olen I'ropert\ f)1lerre•. Traffic Crashes Property Damage Personal Injury Fatal Total Alcohol -Related Crashes Traffic Stops DUI Arrests Moving Citations YTD 2010 2009 2010 .August September October 101 104 9 10 11 60 51 5 8 10 0 1 0 0 0 161 156 14 18 21 3 8 1 1 0 6.048 3.923 337 291 337 68 74 12 4 2 718 217 26 23 28 # of Crashes 25 20 15 10 5 0 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Property Damage Personal Injury Fatal ----- 2009 Monthly Average July - September 2010 Top Crash Intersections Highway 44 & Eagle Rd (5) State St & I-Iighway 55 (3) Highway 44 & W State St (3) Eagle Rd & Riverside Dr (3) State St & Linder Rd (2) Highway 55 & Floating Feather Rd (2) Highway 55 & Hill Rd (2) State St & Fisher Park Wy (2) Eagle Rd & Plaza Dr (2) Eagle Rd & Oakhampton Dr (2) Pros ided 8s ACSO:CAUith October 2010 Crashes by Time of Day 0000-0600 hrs 1 0600-0900 hrs 0900-1200 hrs 1200-1500 hrs 1500-1800 hrs 1800-2100 hrs 2100-2400 hrs 2 3 6 6 2 1 October 2010 Crashes by Day of Week Sunday 4 Monday 3 Tuesday 1 Wednesday 3 "Thursday 0 Friday 8 Saturday 2 October 2010 Top Crash Contributing Circumstances Failed To Yield (6) Following Too Close (6) Inattention (5) Data obtained front Ne„ 5\ nrld CAD l.egacs AS400 (STARS and lTD WcbCars databases Data queried 11. 1 S, l U Page? oft CITY OF EAGLE POLICE CITIZEN CALL FOR SERVICE POST INTERVIEW January - October 2010 Between January and October 2010, the City of Eagle Police sergeants conducted 27 phone interviews with citizens who had recently been involved in a patrol call for service in order to measure the level of service the officers provided to the citizens. 100% 99% 98% 97% 96% 0 95% ul 94% 93% 92% 91% 90% Interview Results 99.6% 94.1% Timeliness Courtesy 97.8% Concern • 100% of the citizens interviewed said the officer was able to answer all their questions and address their concerns. • 96% of the citizens interviewed said their overall expectations were met or exceeded. Interview Questions Timeliness: How would you rate the response time? (1 to 10 scale) Courtesy: How would you rate the officer's courtesy and professionalism? (1 to 10 scale) Concern: How would you rate the officer's concern and interest in the situation? (1 to 10 scale) Knowledge: Was the officer able to answer all your questions and address your concerns? Overall: Your overall expectations, were they met, exceeded, or not met? Comments from Citizens "Glad to live in Eagle because you look out for us." "[The deputies] did an excellent job leading me through the whole process." " I truly appreciated how he called me back after he spoke with the suspect's parents." "We realize you're stretched thin, but would like to see more law enforcement presence in the neighborhood." "We know and appreciate how hard you're working for us." ) Provided byACSO/CAU/th 11/23/10