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Minutes - 2012 - City Council - 01/24/2012 - Regular EAGLE CITY COUNCIL Minutes January 24,2012 PRE-COUNCIL AGENDA: 5:30 p.m.-6:30 p.m. 1. Police report: Chief Rowe distributed the City of Eagle Police Monthly report and discusses the same. General discussion. 2. Discussion of Council member eligibility for health insurance coverage. Doug Heatherington provides Council an overview of the City insurance coverage. Discussion on the premiums and the buy down option. General discussion. 2. Presentation of audit results for Fiscal Year 2010-2011. Kurt Folke,Folke CPAs, P.C. presents the Financial Statement Year End September 30, 2011 and provides the Council an overview. General discussion. 3. Mayor and Council Reports and Concerns: Butler: February 22nd is a meeting for the YMCA here at City Hall. Defayette: The meeting of the YMCA is a discussion session as they may be interested in being involved at the Sports Complex. Butler: I attended the Eagle Project Committee meeting and was impressed with the Group. Reports on the Compass meeting. Mayor: I wrote a column for the Valley Times on Compass. Reports on the Compass Board Meeting. I attended the Chief's Team Meeting today. I encourage you attend one of these meetings. Congratulations on the Clerk's Office doing a terrific job again on the audit. 4. City Clerk/Treasurer Report: I sent you an email about the possible bill that will be introduced in the Legislature on Video Franchising. I would like to put this on your February 24th Agenda to begin the discussion. Council concurs. 5. Zoning Administrator's Report: No report 6. Public Works Director Report: During the last snow storm we lost two of our lights. The one at the Chevron Station and the one at Flag Plaza. 7. City Attorney Report: No Report INVOCATION: REGULAR COUNCIL AGENDA: 6:30 p.m. 1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:30 p.m. 2. ROLL CALL: SEMANKO, GRASSER, DEFAYETTE, BUTLER. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE: Mayor leads the Pledge of Allegiance. 4. PUBLIC COMMENT: Bob Van Arnem, 3049 S. Whitepost Way, I wanted to follow up on the discussion at the last meeting on purchasing City Hall. Jeff Kuntz has done good work collecting data and research on the best course of action. There are two things I took away from his discussion. 1. That the purchase of City Hall was the most cost effective solution and 2. Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doc Revenue Neutral. I would just like to ask that those involved in negotiations keep those two goals in mind. 5. 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. A. Claims Against the City. B. Minutes of January 10,2012. C. DR-01-12—Building wall signs and a tenant panel—Barnucopia: Barnucopia represented by Willy Hebert, is requesting design review approval to construct a building wall sign and a tenant panel on the monument sign for Barnucopia Natural Food Market. The site is located on the north side of West State Street approximately 800-feet west of Eagle Road at 300 and 316 West State Street. (WEV) D. Findings of Fact and Conclusions of Law for RZ-23-07 MOD—Modification to Development Agreement(Instrument#109021224)—SB/CH Land Company(Flack/Carlock),LLC.: SB/CH Land Company(Flack/Carlock), LLC, represented by Richard Andrus with Spink Butler, LLP, is requesting modifications to the development agreement(Instrument#109021224) associated with the MU-DA(Mixed Use with a development agreement in lieu of a PUD)zoning classification for the Terra View development, a mixed use development including+/-231.7 acres of residential use(single-family and multi-family units)and+/- 55.9 acres of commercial uses. The 287.6-acre site is located at the Northeast corner of Beacon Light Road and State Highway 16. (WEV) E. DR-04-12 -Building wall sign-Windland,Inc.: Windland, Inc. is requesting design review approval to construct a building wall sign for Windland. The site is located on the north side of East State Street approximately 280-feet east of Hill Road at 1193 East Winding Creek Drive, Suite 101. (WEV) Semanko moves to approve the Consent Agenda. Seconded by Grasser. Semanko: AYE: Grasser: AYE: Defayette: AYE: Butler: AYE; ALL AYES: MOTION CARRIES 6. PROCLAMATIONS& RESOLUTIONS: A. Resolution 12-01: Authorizing the destruction of semi-permanent public records. (SKB) Mayor introduces the issue. Butler moves to approve Resolution 12-01. Seconded by Grasser. ALL AYES: MOTION CARRIES B. Resolution 12-02: Authorizing the destruction of temporary public records. (SKB) Mayor introduces the issue. Page 2 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doe Butler moves to approve Resolution 12-02. Seconded by Grasser. ALL AYES: MOTION CARRIES C. Resolution 12-04: Declaration of surplus equipment. (SKB) Mayor introduces the issue. Butler moves to approve Resolution 12-04. Seconded by Grasser. ALL AYES: MOTION CARRIES D. Resolution 12-05: Declaration of surplus property. (SKB) Mayor introduces the issue. Butler moves to approve Resolution 12-05. Seconded by Grasser. ALL AYES: MOTION CARRIES E. Resolution 12-06: A resolution to amend the fee schedule adopted by Resolution 11-20 for land use planning actions; to reduce certain land use planning fees; and adopting a fee schedule pursuant to section 1-7-4 of the Eagle City Code and providing for an effective date. The public is encouraged to provide comment on this item. Mayor introduces the issue. General discussion. Defayette moves to approve Resolution 12-06. Seconded by Butler. Discussion. Semanko: AYE: Grasser: NAY: Defayette: AYE: Butler: AYE; ALL AYES: MOTION CARRIES... E.1. Discussion of deferral of collection of land use application fees. The public is encouraged to provide comment on this item. Mayor introduces the issue. General discussion. Semanko moves to continue this to the February 14, 2012 City Council meeting. Seconded by Butler. ALL AYES: MOTION CARRIES 7. UNFINISHED BUSINESS: A. Determination of City Council member eligibility for health insurance coverage under the City of Eagle policy and clarification of party responsible for premium payment. (NS) Mayor introduces the issue. Semanko moves that pursuant to the relevant Code Section we the City Council of the City of Eagle, Idaho designate that City Council Members are eligible for participation in the available City Employee benefits on a voluntary basis with no cost to the City consistent with our duly adopted budget. Seconded by Butler. ALL AYES: MOTION CARRIES B. Changes to the Urban Renewal Agency Board of Commissioners: The Eagle City Council is seeking public comment on changing the makeup of the Urban Renewal Agency Board of Commissioners. The current Board consists of 7 members who were appointed by the Mayor and Council. The proposed new Board would consist of the Mayor and Council, and up to 2 additional Commissioners appointed by the Mayor and Council. The public is encouraged to provide comment on this item. [45 min" B.1. Consideration of Ordinance 669 changing the make-up of the Urban Renewal Board. An Ordinance Of The City Of Eagle, Ada County, Idaho, Terminating The Page 3 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doc Appointed Board Of Commissioners Of The Eagle Urban Renewal Agency And Appointing And Designating The Mayor And City Council. Of The City Of Eagle As The Board Of Commissioners Of The Eagle Urban Renewal Agency; Providing For The Appointment Of Two Additional Members To The Board Of Commissioners Of The Eagle Urban Renewal Agency; Providing A Savings And Severability Clause; Providing A Repealer Clause; Providing For Publication By Summary; And Providing For An Effective Date. B.2 Consideration of Amended Eagle Urban Renewal Agency Bylaws to reflect adoption of Ordinance 669. Mayor introduces the issue. General discussion. Doug Racine, Chairman of the Eagle Urban Renewal Agency,we have provided you with a written statement setting for the legality. I have one question, Why? Doug Racine reads his written statement into the record. General discussion. Ryan Armbruster, Attorney for the URA,discusses the structure proposed in the draft ordinance. In other communities we have difficulties with Council Members serving on the Board. There are practical issues that need to be addressed. There are conflict of interest statutes for Board members that are different from Council conflict of interest and that could be a problem. General discussion. Scott Nordstrom, Vice Chairman of Eagle Urban Renewal,we were taken by surprise, absolutely stunned. New Council, new election, 10 days into the office and we hear this situation goes on where you are questioning the core of the URA and our ability to serve the City of Eagle. It was a personal thing. A lot of us have been on this board from the beginning in 2006. We have tried to communicate with the City Council since then, sometimes with not a lot of success. There really wasn't a lot of interest because we weren't a viable entity until we started collecting some revenue. We have had a couple of joint meeting and they weren't really a totally comfortable, let's get it done, citizen involvement,thanks for your time, how can we make this happen together, is the City of Eagle unified, can we solve the problems that the City has to solve the blighted areas which is one of the major responsibilities of the URA along with attracting and encouraging a situation where more people will want to come to Eagle to invent in a business and live here.=Mr. Butler made a comment that he wasn't sure, based on his interpretation,that the URA represents a vote of the citizens and perhaps he is insinuating that because he is an elected City Councilman it automatically suggest that he should be a URA Commissioner. We have one of the highest quality boards you are ever going to put together in this town. Further discuss the URA Board and the URA. General discussion. Michael Huffaker,Urban Renewal Agency,I submitted a letter to you last week. My understanding is that the entire Board was to be replaced. I'm glad the conversation is moving toward how we can improve the Board. Discusses the number of Board Members and putting two Council Members on the Board. One of the two Council members could also serve as the liaison. I served as liaison and as a Board Member. Further discussion on the URA. General discussion. Cheryl Bloom, 2153 N. Hollybrook Place, I have some issues. I am the recipient of the $5,000.00 that has been harped on. We brought this project to the URA and this was the first project that was considered, approved and ready to be finished when the weather permits. $5,000.00 will not be spent on that lot it will be spread out around the City. Discusses the provisions of the Eagle City Code pertaining to the Urban Renewal. Discusses State Code. Page 4 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doc Jason Pierce, I made my comments last week on how Urban Renewal works. I have been a little disappointed the last few times that Councilman Semanko has mentioned the fact that you don't know what URA is doing after being on the City Council for almost four years. If you don't know go to some of the meetings and find out and not always expect them to come to you. Take the responsibility as elected officials. Discusses the URA projects on streets, lights,the four corners and the building of the City Hall and a Bond Election for the City Hall. General discussion. Discussion on getting the URA's bank statements and the URA being more transparent and posting the bank statements online. Jeff Laughlin, I'm not involved in the URA. One of the things I wanted to state is that integrity is key herb. As Council Members you have to be looking out for the citizens of Eagle and that is doing the right thing with the time,not going on with chance,not having personal agendas. I think there have been some issues with that with individuals. We need to get back to what is important and that is running this City and doing what is right. Not individuals but what the citizens of Eagle want. If you lose your integrity what else do you have? I see the contentiousness and I feel the decision has already been made. You're getting rid of the board. It is obvious that this has been set up before this discussion has even happened. If you need information you need to put it in writing and specify a specific date in a professional manner. I think we are going backwards as a City. The citizens of Eagle are sick of this and we are starting to go in that direction again. Integrity is the key. General discussion. Semanko: I appreciate all of the testimony tonight. I hope that we can take a couple steps back and look at what Councilman Butler proposed. He proposed looking at the Section of Ordinance that the local governing body can replace the Board of Commissioners of the URA with the City Council. That was the proposal. I didn't hear a lot of testimony tonight, I heard some about why that would be a bad idea,the Council has too much on their plate,there could be potential conflict of interests and that was the real question tonight. If one existing Council Member and two incoming Council Members want to meet to talk about how to get something on the agenda and how to talk with the Mayor,we did that,the three of us met with the Mayor before those two became Council Members. That shouldn't be turned against those three individuals for trying to work together. I'm really sad that this has turned into a finger pointing thing back and forth tonight. We are trying to our job like you are doing your job as the URA. I don't think the City Council should be chastised for looking at an option that is authorized under statute and asking for testimony on whether or not that is a good option. To call that a personal agenda or witch hunt strikes it saddens me that it degenerated into this personal attack tonight. Council recesses at 8:45 p.m. Council reconvenes at 8:50 p.m. Further general discussion between Council and URA members. Butler moves to remand Item#7B to staff and that our city attorney work with the attorney for the Urban Renewal Agency to draft some language to bring back to the Council at our February 14,2012 meeting and that the language be such that the agency be expanded to 9 members with the two extra seats to be filled by council member and their terms dates coincide with their term on Council. Seconded by Semanko. Discussion. Semanko: NAY; Grasser: AYE; Defayette: NAY; Butler: AYE: Mayor: NAY: Motion Fails. Page 5 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doe Semanko moves to continue Items#7B,B1 and B2 to the next Council meeting on February 14,2012. Seconded by Defayette. ALL AYES: MOTION CARRIES 8. PUBLIC HEARINGS: A. Resolution 12-03 -Allied Waste Rate Adjustment in accordance with the most recent Consumer Price Index: The price of diesel fuel has risen dramatically the last several years and the price of fuel has far outpaced the Consumer Price Index(CPI),therefore Allied Waste Services is requesting a fuel surcharge. At the hearing the City Council will consider a fuel surcharge of 3.53%annually be added to the current amount billed per Allied Waste Services customers. The City Council will consider the imposition of a fee increase and contract amendment, and hear all comments, protests and objections thereto. Mayor introduces the issue. Rachele Klein, Allied Waste, I am here tonight to request a contractual adjustment for the next fiscal year per our contract. This has nothing to do with diesel fuel. This was done in the past and we haven't done this for 9 months. We are now using natural gas trucks. Discussion on recycling in the City of Eagle and recycling glass. The glass is being recycled locally. We are going to do a drop site in Eagle for glass. General discussion. Mayor opens the Public Hearing Bob Van Arnem, 3049 S. Whitepost Way, I have spent several hours studying this in trying to find out what I am going to be paying. Discusses the annual adjustment based on the CPI. Discussion on how hard it is to take the information and find out what your new rate is going to be. Mayor closes the Public Hearing Defayette moves to approve Resolution 12-03 Allied Waste Rate Adjustment in accordance with the most recent Consumer Price Index. Seconded by Butler. Semanko: AYE: Grasser: AYE: Defayette: AYE: Butler: AYE; ALL AYES: MOTION CARRIES B. RZ-12-08 MOD—Modification to Development Agreement(Instrument#109064085)— Abundant Life Baptist Church: Abundant Life Baptist Church, represented by Jim Main with Design West Architects, is requesting modifications to the Conditions of Development associated with the A-R-DA(Agricultural—Residential—up to one(1)dwelling unit per five(5)acres with a development agreement)zoning classification. The 5.78 acre site is located approximately 1,000 feet east of North Park Lane on the south side of West Floating Feather Road at 3633 West Floating Feather Road. (WEV) Mayor introduces the issue. Jim Main, Design West Architects, representing the applicant,provides Council an overview of the request for modifications. Zoning Administrator Vaughan: I concur with Mr. Main's overview of our conversation. Provides an overview of the modification. Mayor opens the Public Hearing Mayor closes the Public Hearing General discussion. Page 6 +• K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doe Butler moves to approve RZ-12-08 MOD—Modification to Development Agreement with the following changes to the Conditions of Approval: 3.9 will read "if the applicant submits a building permit application as required by the building code,complies with the building code requirements for the change of use and receives a certificate of occupancy issued by the City of Eagle Building Official,the applicant shall be allowed to use the premises and real property in the current condition with any improvements and/or modifications required by the Building Code for church use during the time the other work outlined in the Development Agreement is being performed. No Design Review will be required for the principal dwelling." 3.9.1- "during the period of time until the work outlined in the existing Development Agreement is completed the building occupancy load for church services shall be capped at 49 if permitted by the Building Code and Eagle Fire Department after complying with 3.9 above." 3.10—"The applicant shall be allowed to obtain permits to replace the two existing storage buildings on the subject property in disrepair with a single new storage building with no Design Review application be required as long as the new storage building is review by staff and staff determines that is uniform with the other existing out building and home." Seconded by Grasser. Discussion. Butler amends his motion to add: 3.11 "The applicant shall obtain a permit for the accessory structure/office building and not be required to obtain a Design Review for that building and a minor addition shall be allowed as represented here tonight"; and an additional change"That the 7 year deadline be changed to 10 years." Second concurs. Discussion. Butler amends his motion to have that language which basically says: "That at the termination of the Development Agreement,if everything is completed in accordance with the Development Agreement,it shall be considered a permitted use and shall not be required to obtain a Conditional Use Permit. Second concurs. ALL AYES: MOTION CARRIES 9. NEW BUSINESS: A. Council consideration of Joint Parking agreement between Rembrandts and Handmade and refund of Rembrandts parking in lieu fees. (WEV) Mayor introduces the issue. Zoning Administrator Vaughn: I'm here to answer questions and facilitate the conversation. Vaughan provides Council an overview. Mark Priddy, I'm here to answer any questions you have. We entered into this agreement over 9 years ago and now we are able to obtain a Joint Parking Agreement. General discussion. Semanko moves to approve the Joint Parking agreement between Rembrandts and Handmade and the refund of Rembrandts parking in lieu fees. Seconded by Butler. Discussion. Semanko: AYE: Grasser: AYE: Defayette: AYE: Butler: AYE; ALL AYES: MOTION CARRIES B. Ordinance 668: An Ordinance Of The City Of Eagle, Idaho,Authorizing And Providing For The Issuance Of A Water Revenue Bond, Series 2012, In The Principal Amount Of$2,590,000, For The Purpose Of Financing The Costs Of Acquisition Of Improvements To The Domestic Water System Of The City; Describing The Bond; Providing For The Collection And Disposition Of Revenues; Providing For The Payment Of The Principal Of And Interest On The Bond; Establishing Funds And Accounts; Providing Covenants Relating To The Bond; Providing For Page 7 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doc The Sale Of The Bond To The State Of Idaho, Department Of Environmental Quality; Providing For Related Matters; And Providing An Effective Date. [SIB] Mayor introduces the issue. Stephanie Boney,Bond Counsel for the City, provides Council an overview of the Bond and the proposed ordinance. General discussion. Semanko moves,pursuant to Idaho Code,Section 50-902,that the rule requiring Ordinances to be read on three different days with one reading to be in full be dispensed with,and that Ordinance#668 be considered after being read once by title only. Semanko reads Ordinance#668 by title only. Seconded by Defayette. ALL AYES: MOTION CARRIES Semanko moves that Ordinance#668 be adopted. Seconded by Butler. Semanko: AYE; Grasser: AYE; DeFayette: AYE; Butler: AYE: ALL AYES: MOTION CARRIES C. Discussion of hiring an Eagle promotional consultant to assist with providing public information regarding City initiated projects.: (MLB) Mayor introduces the issue. General discussion. City Attorney Buxton: State Laws does not allow the City to utilize public funds to advertise or endorse or campaign for a bond election. You can utilize public funds to describe the issue without being either pro or con, only provide information about the amount and just whatever the project is. The City in the past has used independent groups to undertake this. The independent group would raise their own funds and they would not be public funds, and they could go out in favor or against. You need be incredibly careful how this all works, it has to be completely above board. General discussion. 10. ADJOURNMENT: Semanko moves to adjourn. Seconded by Butler. ALL AYES: MOTION CARRIES Hearing no further business, the Council meeting adjourned at 10:40 p.m. Respectfully submitted: J s0 �l••Nrry Ct�i�i• SHARON K. BERGMANN • :c, * : _r � : CITY CLERK/TREASURER : . S J;A L s. J� ••i,0 \�.Orr s�, `� T •rrrrr ��o B,�eG4Q 41i Datld0.o Page 8 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-2012min.doc APPROVED: e. AMES D. REYNOLDS MAYOR AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON REQUEST. Page 9 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-01-24-20I2min.doc EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP RZ-12-08 MOD — Modification to Development Agreement (Instrument #109064085) — Abundant Life Baptist Church January 24, 2012 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP Resolution 12-03 - Allied Waste Rate Adiustment in accordance with the most recent Consumer Price Index January 24, 2012 TESTIFY PRO/ CON or NAME ADDRESS YES/NO NEUTRAL ADA COUNTY SHERIFFS OFFICE CC /-121/--/2-- CITY -2'-/Z CITY OF EAGLE POLICE MONTHLY REPORT DECEMBER 20 1 1 Group A NIBRS Crime* Person Crime* Property ('rime* Society Crime* 1 ma Felony Misdemeanor 80 E 60 V v 40 0 0 20 cc Jan YTD 2010 2011 Clearance Rate 2011 1 1D 2011 October November December 140 101 53.5% 11 11 16 301 291 29.2% 40 28 21 79 65 84.6% 8 2 10 520 457 42.5% 59 41 47 Group A NIBRS Crime Rate YTD (per 1,000) 215 180 37.2% 25 15 10 2010: 26.1 303 277 45.8% 34 26 37 2011: 22.7 City of Eagle Population Census 2010: 19,908 COMPASS 2011: 20,140 % Change 1.2% 111 Feb Mar erson ti Apr May Jun Property _tom---. Jul Aug Sep Oct Nov Dec Society '08-'10 Monthly Avg % Change -13.1% 2010 Clearance Rates Person: 72.9% Property: 34.2% Society: 93-7% Total: 53.7% Felony: 48.8% Misdemeanor: 56.8% As of March 2011 Police Activity Calls For Service+ (Total) Total Response Time Code 3 Calls For Service Code 3t Response Time Proactive Policing+ Reports (DR's) Arrests§ Citations # of Incidents 1200 1000 800 600 400 200 0 • YTD 2011 2010 2011 October November December 4,133 4.262 355 286 318 7:10 7:23 8:17 7:41 8:18 71 86 3 3 9 2:56 3:05 4:51 3:25 3:34 9.651 11,240 941 923 1,129 1,483 1,349 132 108 96 488 387 33 32 75 811 1,126 103 106 96 • Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CFS '08-'10 CFS Monthly Avg PRO '08-'10 PRO Monthly Avg Provided By ACSOICAUith Data obtained from New World, CAD, (STARS, and ITD WebCars databeaes Page 1 of 2 December 2011 Top Calls For Service Burglary Alarm (18) Auto Accident Non -Injury (16) Welfare Check (14) Citizen Assist (14) Attempt To Locate Drunk Driver (13) Data queued 1r0/12 Property Gime 'Vehicle Burglary Residential Burglary Commercial Burglary Construction Burglary. Vandalism Theft Other** Total Construction Site Check Property/Security Check 111) 2011 2010 2011 October November December 61 48 5 2 5 41 26 6 1 1 10 11 0 1 0 2 1 0 0 0 53 78 10 9 5 99 80 11 6 6 35 47 8 9 4 301 291 40 28 21 539 473 26 37 58 2253 3,333 204 266 300 Traffic (Trashes Property Damage Personal Injury Fatal Total Alcohol -Related Crashes Traffic Stops 1)1:1 Arrests Moving Citations 40 m 30 20 It 1 VI I) 2011 2010 2011 October November December 135 165 18 17 10 66 58 6 1 4 1 1 0 0 0 202 224 24 18 14 8 12 0 0 1 4,505 4,539 398 379 507 81 71 5 2 6 299 493 38 49 35 0 IiiII Jan Feb Mar Apr May Jun Property Damage Personal Injury October - December 2011 Top Crash Intersections Eagle Rd & Highway 44 (7) Eagle Rd & Chinden Blvd (7) Highway 44 & Parkinson St (4) Chinden Blvd & Locust Grove Rd (4) Eagle Rd & Rivershore Ln (4) State St & Linder Rd (3) State St & Park Ln/ Old Valley Rd (3) State St & Highway 55 (2) Highway 44 & State St (2) Eagle Rd & Oakhampton Dr (2) State St & Fisher Park Wy (2) im i 1 1 Jul Aug Sep Oct Nov Dec Fatal '08-'10 Monthly Avg December 2011 Crashes by Time of Dav 0000-0600 hrs 0 0600-0900 hrs 1 0900-1200 hrs 2 1200-1500 hrs 3 1500-1800 hrs 5 1800-2100 hrs 3 2100-2400 hrs 0 December 2011 Crashes by Dav of Week Sunday 0 Monday Tuesday Wednesday Thursday Friday Saturday 1 1 6 4 0 December 2011 'I -op Crash Contributing Circumstances Following Too Close (5) Inattention (3) Failed to Yield (2) Provided By ACSD/CAUAh Dela obtained from New World, CAD, (STARS, and ITD WebCan: daiahaw, Page 2 of Deinquencd 1/2012 City of Eagle Date Check No Payee 01/13/2012 6321 Allied Waste Services #884 Total 6321 01/13/2012 01/17/2012 01/19/2012 Total 8373 01/23/2012 01/23/2012 01/23/2012 Total 8376 6322 Integra4etecom 6372 Idaho Child Support Receipting 6373 Home Depot Credit Services 6374 Ada Co. Utility -c/o Dig Une 8375 Ada County Sheriff's Dept. 8376 Allied General Fire & Security 01/23/2012 8377 /killed Waste Services #884 01/23/2012 8378 Analytical Laboratories, Inc. Total 6378 01/23/2012 6379 AT & T Mobility 01/23/2012 6380 Baldwin & Associates, Inc. Total 6380 01/23/2012 8381 01/23/2012 6382 01/23/2012 6383 01/23/2012 6384 01/23/2012 6385 01/23/2012 6388 01/23/2012 6387 01/23/2012 6388 01/23/2012 6389 Total 8389 01/23/2012 01/23/2012 01/23/2012 f Bosco Financial, LLC - Broadcast Music, Inc. Community Planning Association Computer Arts Inc David Aizpitarte De Lege Landen Financial Svc Derek T. Smith Development Services -Chaumont Don Aslett's Cleaning Center 6390 Donald P. Roehling 6391 Drainage District #2 6392 Eagle Water Co. M = Manual Check, V = Void Check Check Register - Transparency Version Check Issue Date(s): 01/11/2012 - 01/23/2012 Seq GL Acct No GL Acct Title 1 01-0413-16-00 UTILITIES/NEW CITY HALL 1 15-0452.06-00 UTILITIES 2 15-0449-06-00 UTILITIES 1 15-0414-04-00 AWN MGMT (BFI) EDUCATION SRVS 1 15.0454-08-00 UTILITIES 01-0413-19-00 TELEPHONE & COMMUNICATIONS 60-0217-08-00 GARNISHMENTS 15-0437-25-00 MATERIALS & SUPPLIES 15-0444-01-00 MAINTENANCE & REPAIR 15-0444-01-00 MAINTENANCE & REPAIR 60-0434-23-00 DUES & SUBSCRIPTIONS 01-0416.09-00 LAW ENFORCEMENT DEPARTMENT 01-0413-34-00 MONITORING ALARM SYSTEMS 01-0413-34-00 MONITORING ALARM SYSTEMS 01-0413-34-00 MONITORING ALARM SYSTEMS 06-0461-52.00 LIBRARY/UTILITIES 60-0435-56-00 TESTING -WKLY, MO, QTR, ANNUAL 60-0435-56-00 TESTING -WKLY, MO, QTR, ANNUAL 60-0434-19-00 TELEPHONE & COMMUNICATIONS 01-0413-05-00 OFFICE EXPENSES 14-0413-05-00 OFFICE EXPENSES 01-0413-05-00 OFFICE EXPENSES 01-0413-05-00 OFFICE EXPENSES 1 60-0220-00.00 1 09-0463-02-00 1 01-0413-14.00 1 01-0465-03-00 1 01-0413-01-00 1 01-0416-24-00 1 01-0413-01-00 1 15-0416-18-00 1 15-0437-28-00 1 15-0437-26-00 WATER/SERVICE DEPOSITS EAGLE SATURDAY MARKET PROFESSIONAL DUES CAPITAL EXPEND/CITY HALL EQUIP P&Z COMMISSIONERS COMPENSATION EQUIPMENT LEASING P&Z COMMISSIONERS COMPENSATION CONTRACT OTHER PAPER PRODUCTS PAPER PRODUCTS 01-0413-01-00 P&Z COMMISSIONERS COMPENSATION 15-0440-05-00 DRAINAGE DITCH REPAIRS 15-0448-08-00 UTILITIES 15-0449-06-00 UTILITIES 15-0449-06-00 UTILITIES 07-0482-52-00 MUSEUM UTILITIES Page: 1 Jan 23, 2012 11:41 am Seq Amount Check Amoun 149.80 97.46 97.46 18.51 83.98 447.18 447.19 306.40 306.40 125.00 125.00 107.82 13.97 228.28 348.05 348.05 25.00 112,586.43 100.50 100.50 100.50 301.50 140.87 60.00 15.00 75.00 60.81 107.09 39.90 19.40 53.26 219.65 45.11 288.00 2,356.50 108.10 40.00 1,103.97 20.00 1.00 244.00 170.00 414.00 40.00 1,609.84 10.07 53.80 53.80 8.25 25.00 112,586.43 301.50 140.67 75.00 80.81 219.65 45.11 288.00 2,356.50 108.10 40.00 1,103.97 20.00 1.00 414.0C 40.0C 1,609.84 125.92 City of Eagle Date Check No Total 8402 Payee 01/23/2012 6403 National Benefit Services, LLC Ala Total 6403 01/23/2012 6404 _- epublic Services Total 8404 r 01/23/2012 6405 Republic Storage 01/23/2012 6408 Robert Norton 01/23/2012 6407 The Land Group, Inc. 01/23/2012 8408 Treasure Valley Coffee Total 8408 01/23/2012 01/23/2012 01/23/2012 01/23/2012 Totals: Dated: Mayor: City Council: 6409 TVR Heating/Cooling 6410 U.S. Bancorp Equipment Finance 8411 Valley Times 6412 Victor Villegas M = Manual Check, V = Void Check Check Register - Transparency Version Page: 3 Jan 23, 2012 11:41 am Check Issue Date(s): 01/11/2012 - 01/23/2012 Seq GL Acct No GL Acct Title 1 1 1 1 01-0416-02-00 CITY ATTORNEY 01-0413-31-00 ENGINEERING FEE/DEVELOPER CHGS 01-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPERS 01-0413-33-00 ATTORNEY FEE -CHARGE DEVELOPERS 1 08-0481-23-00 HRA BILLING 1 08-0481-23-00 HRA BILLING 2 12-0415-23-00 HRA BILLING 1 08-0461-23-00 HRA BILLING 2 12-0415-23-00 HRA BILLING 1 15-0414-04-00 AWIN MGMT (BFI) EDUCATION SRVS 1 15-0414-04-00 AWIN MGMT (BFI) EDUCATION SRVS 1 1 1 1 1 1 1 1 1 01-0413-38-00 STORAGE SHED RENTAL 01-0413-39-00 ARBOR RIDGE SURETY EXPENDITURE 01-0413-39-00 ARBOR RIDGE SURETY EXPENDITURE 01-0413-05-00 OFFICE EXPENSES 01-0413-05-00 OFFICE EXPENSES 15-0444-01-00 MAINTENANCE & REPAIR 01-0416-24-00 EQUIPMENT LEASING 14-0413-08-00 LEGAL ADS & PUBUCATIONS 01-0413-01-00 P&Z COMMISSIONERS COMPENSATION Seq Amount Check Amoun 11.73 178.86 114.00 3,830.93 9,388.14 9,388.14 1,950.72 118.33 177.82 1,234.38 1,262.17 4,743.42 4,743.42 13,374.24 8,687.12 20,081.36 94.00 100.00 250.00 184.55 34.35 218.90 140.00 201.75 145.92 40.00 170,999.23 20,081.38 94.00 100.00 250.00 218.90 140.00 201.75 145.92 40.00 170,999.23 January 24, 2012 Via Email: Mayor James Reynolds (jreynolds a cityofeagle.org) Eagle City Council John Grasser (ierasserlacitvofeaale.oru) Mark Butler (mbutler r2 citvofeanle.orr) Mary DeFayette (mdefavetteQcitvofeaele.oru) Norm Semanko (nsemanko@citvofeazle.or2) RE: Proposed Change in Eagle Urban Renewal Agency Governing Body Dear Mayor and Council Members: This letter contains the Eagle Urban Renewal Agency's ("Agency") response to the request from the Eagle City Council for comments on a proposed change in the governing body for the Agency. For the reasons stated below, the current Agency Board of Commissioners disagrees with the City Council's proposal to install itself, the Mayor and up to two additional members as the governing body of the Agency and hopes the Agency and City can cooperate to alleviate any concerns over how the Agency operates. Initially, the most important questions are why now, why the rush to judgment and what problems really exist. Without answers to these questions, the Agency is at a loss as to the perceived need to change the make-up of the Agency Board. The current Agency Board has four main concerns with the City Council's proposal. First, the proposed governing body is not permitted under Idaho law. Second, the sudden shift in the governing body of the Agency will have a detrimental impact on the Agency and its ability to conduct business in the near future. Third, the City Council can accomplish its goal of more accountability and cooperation between the City Council and the Agency by less drastic measures. Fourth, a wholesale change in the governing body of the Agency will effectively erase the Agency's past work in building relationships, trust, and a sense of dependability with local businesses, developers, local property owners and other public agencies within the Treasure Valley and the State of Idaho. For these reasons, the Agency Board feels the proposed change in the governing body will hamper the Agency's ability to carry out projects currently underway and projects in both the near and distant future. City Council Proposed Governing Body Not Permitted Under Idaho Law The City Council cannot immediately install the proposed governing body (the four Council members, the Mayor and up to two at -large members) as the new governing body. By law, the City Council may elect to insert itself as the governing body. Idaho Code 50- 2006(b)(4). However, the City Council does not have the statutory authority to appoint any additional members to the Agency Board under this governance choice. The Agency can either Eagle City Council January 24, 2012 Page 2 Or be governed by a board consisting of 3 to 9 members appointed by the Mayor with the consent of the City Council (Idaho Code § 50-2006(b)(1)) or just the City Council (with no additional members) (Idaho Code § 50-2006(b)(4)). Idaho's Urban Renewal Law does not permit a hybrid of these two types of governing bodies. The separate statutory provisions concerning the available choices for governing bodies cannot be combined. We also question why the Council would change the volunteer seven person board comprised of several important disciplines and some great experience at this time) The Agency Board may be comprised of up to nine members. It may be wiser to appoint two additional members to address the City Council's concerns with the governance of the Agency, rather than terminate the current Board. Because the City Council's proposed new governing body, if installed immediately, would violate Idaho's Urban Renewal Law, the Agency would be subject to legal challenges to any action it may take, including challenges to the validity of any contracts it enters. A court could find any action taken by the Agency could be void or voidable because the governing body has no legal authority to act. Such a possibility is obviously not in the best interest of the Agency, the City or the citizens of Eagle. Nothing prevents the Mayor, who appoints Agency board members (with consent from the City Council) from appointing members of the City Council to serve as Agency board members. Indeed, former Eagle City Councilman Michael Huffaker currently serves as an Agency board member and did so simultaneously during part of his term as a City Councilman. At the outset of the Agency's existence, Scott Nordstrom, then a City Councilman, served on the Board. Continuing this tradition would be rational and comport with Idaho law. We understand the City Council has, in the past, considered appointing another City Council member to the Agency Board. Having two Council members sit on the Agency Board is both legal and welcomed by the Agency. The Agency Board recommends against the City Council taking immediate wholesale control over the Agency due to the impact such a move would have on the perceived independence of the Agency. In two seminal Idaho Supreme Court cases, one (Hart v. Rexburg Urban Renewal Agency) decided very recently, the Court noted the independence of urban renewal agencies and relied on that independent status in affirming the legal authority of urban renewal agencies to, among other things, issue debt to fund projects within urban renewal project areas. In Hart, the Court specifically pointed out the agency board was controlled by an independent board, not the city council, in finding the urban renewal agency was not the "alter - ego" of the city. If the City Council controls the Agency, it will likely be more difficult for the Agency to exercise the powers under the Idaho Urban Renewal Law (the "Law") and the Idaho Economic Development Act (the "Act"). In Hart, the Court held the Law, "does not allow a city to usurp the powers and duties of an urban renewal agency" because the Law provides that even if the ' A list of the current Board members and their qualifications are listed at the end of the historical time line of the Agency's activities, attached to this Letter. Eagle City Council January 24, 2012 Page 3 city council acts as the governing body, it must, "when acting as an urban renewal agency, be acting as an arm of state government, entirely separate and distinct from the municipality..." to achieve the goals of the Law and the Act. If presented with a challenge to the Agency's exercise of powers under the Law or the Act, a court could distinguish the holding in Hart by finding the Agency, being controlled by the City Council and not as separate and distinct arm of state government, to be the alter -ego of the City of Eagle, Practical Considerations Supporting Retention of Current Board In addition to the legal concerns expressed above, it makes the most practical sense to retain the current make-up of the Agency Board. Some of the current Board members have served (voluntarily) on the Board since the inception of the Agency in 2006. Since that time, these Board members and the newly appointed members have volunteered countless hours to meet with public figures and private business people with one goal, making Eagle a vibrant city in which to live, work, and operate a business. The current Board consists of a wide variety of talented individuals. The Board is made up of successful businessmen, financial planners, banking professionals, architects and people with local governmental experience (including past members of the City Council). These Board members have volunteered their talents to help bring about development projects in Eagle. These Board members have contacted and worked with community based agencies and public entities like Project Eagle, the Eagle Chamber of Commerce, the Eagle Arts Commission, the citizen group Beautify Downtown Eagle, The Eagle Idaho Merchant's Association, Sage Community Resources, the College of Western Idaho, the State of Idaho Department of Environmental Quality, Joint School District #2; local lending institutions; local and national developers; local property owners; and local businesses to promote Eagle and the opportunities it has to offer. Any abrupt change to the governing body of the Agency risks breaking those ties or at least requiring the new governing body to start the process from the beginning. Practically, this makes little sense. In fact, the proposed action sends a negative message to all volunteers for the City of Eagle. Appointing additional members would not send any negative messages and would not negatively impact the relationships built by the Agency over the years. If the City Council seeks more updates on Agency activities, less drastic measures would accomplish that goal and not jeopardize the results of the current Board's countless hours and dedication to urban renewal and economic development within the Downtown Eagle Urban Renewal Area. A consistent governing body provides an air of stability and dependability to the Agency. Completely replacing the entire Board exudes inconsistency and a lack of respect for the efforts of the current Board members, especially in light of the lack of any explanation why the current Board needs to be replaced immediately without meaningful opportunities for the Agency Board and the public to comment on the City CounciI's proposal. The Agency Board welcomes more cooperation between the Agency and the City Council, but strongly discourages the City Council from taking full control of the independent agency. All of the Agency meetings are held, as required by Idaho law, as open meetings. City Council members and the general public are always welcome. The Agency hopes the City Eagle City Council January 24, 2012 Page 4 Council will continue the tradition of appointing one of the council members as a liaison to the Agency. As you know, Mr. Shoustarian most recently held this position. The Agency hopes the City Council will appoint a new liaison to the Agency in time for the next Agency meeting. However, even if the council does not appoint a council person to attend the Agency meetings, the Agency extends an open invitation for any member of the City Council to attend. The Economic Downturn and Perceived Unfriendly Development Environment, Not a Lack of Effort or Transparency, Have Prevented the Agency from Undertaking Major Projects The current Agency Board members disagree with the City Council's implications the Agency has operated in a non -transparent manner and has squandered public funds without tangible results. To declare the Agency as lacking transparency or integrity dismisses the hard work and effort the volunteer Board has given to the City of Eagle and its citizens. The implication the Agency lacks transparency is simply not supported by the facts. Similarly, blaming the Agency Board members for the struggling economy is unfair. The Agency has conducted its business in a transparent manner and in accordance with Idaho law. The Agency has published notices of its annual budgets (setting forth both annual income and expenses) each year of its existence and invited public comment at an Agency open meeting. The Agency has commissioned audits of its finances and made the audit reports available to the public. The Agency's spending authority is, like the City of Eagle, governed by the Idaho Constitution and applicable Idaho law. The Agency board has observed the legal limits on its authority and strives to meet its obligations to the citizens of Eagle. The Agency is subject to Idaho's Public Records Act and provides access to its records in accordance with Idaho law. The Agency is also subject to Idaho's Open Meeting Law and conducts all meetings in accordance with Idaho law. Members of the public can attend any Agency meeting. The Agency acts in a completely transparent manner. The Agency shares the goal of the City Council to make it easier to do business in the City of Eagle. The Agency also shares the City Council's observation that, through no fault of the current City Council or the Agency, outsiders perceive Eagle as not being business or entrepreneur friendly. This perception has made it difficult for the Agency to attract developers to Downtown Eagle. However, with the City Council committed to making Eagle more business and development friendly, the Agency knows that, over time, more developers and small businesses will select Eagle as the location of their respective ventures. The relationships fostered by the Agency will go a long way to help re -characterize Eagle as a business friendly environment with a stable local government that will foster as opposed to impair the entrepreneurial spirit. Over the first few years of its existence, the Agency has endeavored through the efforts of its all -volunteer board to sow the seeds of potential economic and urban development and redevelopment projects. Unfortunately, the economic downturn that began at the same time the Agency was formed has stunted the Agency's ability to bring projects to fruition. The reduction in property values has left the Agency with fewer funds to support major projects. Moreover, Eagle City Council January 24, 2012 Page 5 AID and perhaps more importantly, the economic downturn has resulted in less development activity throughout Ada County, including Eagle. The Agency Board cannot be blamed for the economic recession. However, as depicted on the historical time line of the Agency's actions since its inception, attached to this letter, the Agency has not been idle. While the Agency has existed for several years, in the initial years, the Agency, being in its formative stage, was not poised to undertake any projects. The Agency was formed in 2006. However, the Downtown Eagle Urban Renewal Plan was not adopted by the Eagle City Council and effective until December 2007. So, no projects were permitted prior to that date. Additionally, based on the date the plan was adopted, the Agency did not begin to receive tax increment funds until January 2009. A portion of the first funds received by the Agency went to repaying the City of Eagle for the costs involved in forming the Agency and adopting the urban renewal plan. Moreover, Joint School District #2 challenged the plan almost immediately after the plan was adopted. For most of 2008, the Agency, City and School District negotiated a settlement that led to the School District dropping its challenge, but resulting in a portion of the tax increment funds received being disbursed to the School District. Although it appeared the Agency would have the financial wherewithal to leverage future tax increment and fund some projects in 2009, the economy was stuck in a recession and property values dropped. Development in Eagle slowed drastically. There were no projects for the Agency to support, even if it had the funds to do so at that point. Despite the best efforts by the volunteer board, no developers could be enticed to construct a project within the Downtown Urban Renewal Area. Additionally, until April 12, 2011, the City of Eagle had not adopted its amended Comprehensive Plan addressing downtown development, resulting in some reluctance amongst developers to begin projects in Eagle. The Agency has concentrated its efforts to stimulate economic activity and development on the properties located at the comer of Eagle Road and Old State Street (the "Four Corners"). The Agency engaged Larry Knapp, a local developer with successful projects throughout the Treasure Valley area, to work with local property owners and the Agency to attract developers to the Four Corners area. Though Mr. Knapp was ultimately not entirely successful, his work provided the Agency with valuable insight into why developers displayed a lack of interest in development projects in Downtown Eagle. Mr. Knapp's work also brought the Agency into contact with local property owners and played a significant role in the initial stages of the Agency's contact and cooperation with TCM, LLC, the owner of the Tri -City Meats building located at the Four Corners. As the economy shows signs of life and Eagle changes the perception that it is an unfriendly environment for businesses and commercial ventures, the Agency will see results from the relationships, both public and private, it has nurtured over the years. Eagle City Council January 24, 2012 Page 6 Future of Eagle URA The Agency Board asserts the years of hard work put in by both its volunteer members and its consultants is on the verge of showing concrete results. The Agency Board believes the immediate future will bring visible and vibrant change to Downtown Eagle, notably the intersection of Eagle Road and Old State Street. As discussed above, the Agency has been working for several years with both local and national developers to revitalize this major intersection. The Agency has been working very closely with the current owners of the Tri -City Meats building, which currently stands essentially vacant, to re -develop the property. Through contacts and relationships developed over these past years the Agency is in the process of negotiating an agreement to temporarily develop the property into a public space, likely to include some public parking and attractive landscaping. This involves working with the property owners on leasing the property, working with the State of Idaho concerning the environmental condition of the property, and with community organizations as well as the State of Idaho for grants to help remediate any environmental issues existing on the property — all with the ultimate goal of attracting a developer to bring a viable and valuable project to Downtown Eagle. Moreover, while waiting for a revitalized economy, the Agency will be able to use the property for the benefit of the public. The current owner has agreed to work with the Agency to (1) allow the Agency to temporarily use the property for public benefit until a developer materializes and (2) provide some protections for the Agency's continued use of the property if the land were purchased for speculation. The Agency has also pledged support for the project being undertaken by local business owners to beautify the downtown. The Agency board anticipates these projects will fill a temporary need in Downtown Eagle and make the "Four Corners" properties more attractive to developers as the economic forecast begins to brighten and developers begin to plan and implement new construction projects. The Agency can and should be a valuable partner with the City of Eagle in accomplishing a common goal bringing economic activity to Eagle. The Agency has strong Local contacts that can assist in spurring the local economy and should not be ignored. Agency Board members work with Project Eagle (a member of the Board represents the Agency on the Project Eagle Board), the Eagle Arts Commission (concerning, among other things, how the Agency can help support Eagle's First Friday), the Eagle Chamber of Commerce, and the Eagle Business Merchant's Association. As the City Council knows, the City of Eagle has unfortunately received a reputation as being unfriendly to businesses and commercial ventures. The Agency has not and will not contribute to this reputation. The Agency will continue to seek out developers and create interest in starting or expanding businesses in Downtown Eagle. The Agency currently has $175,666.17 in funds available for projects and anticipates receiving approximately $148,000 in 2012. The Agency has been cautious in spending its limited funds on minor projects so it would have funds available to assist a grander project involving the Four Corners. If the property in that area can Eagle City Council January 24, 2012 Page 7 be developed, the Agency will have the benefit of additional revenue to continue to re -invest in the Downtown Eagle Urban Renewal Area. Now is not the time to delay the Agency's momentum. Conclusion The City Council's proposed new governing body violates Idaho law. To terminate the current Board makes no practical sense and jeopardizes the strong relations built over time by the current and former Board members. The Agency has weathered the economic downturn and perception that Eagle is not business friendly. It makes little sense to fault the current governing body for these two impediments to development that were and are not within its control. Finally, the Agency's hard work appears on the precipice of showing results that may re- shape the Downtown Eagle area. The Agency Board recommends the City Council not de -rail this momentum and let the current Board continue to work at accomplishing its mission of fostering economic development and urban renewal in Eagle. For these reasons, the Agency Board requests the City Council refrain from terminating the current Board and taking control of the Agency. Perhaps most importantly, the Agency requests the City Council explain why the current Board needs to be replaced and why the City Council has decided to do so without following the normal procedure for passing a city ordinance (i.e., providing for three readings of the ordinance and public comment on the same). The Agency Board suggests the Agency and City Council cooperate to meet the needs and desires of each rather than the City Council proceed with the proposed take-over of the Agency. The Agency Board members are dedicated, experienced, and valuable members of the Eagle community. The Agency and City Council should be able to determine a way for these individuals to continue their work as Agency Board members. The Agency is confident any issues, once raised, can be resolved short of terminating the entire current Agency Board. 01111 cc: Eagle City Clerk Sincerely, Doug Racine Eagle URA Chair History of Eagle Urban Renewal Agency Date Event 10/10/2006 Eagle City Council (the "City") Resolution No. 06-50 established the Eagle Urban Renewal Agency (the "Agency"). However, the urban renewal plan did not get approved until December 11, 2007. As such the Agency activities commenced in Fiscal Year 2007 (October 1, 2006 through September 30, 2007). 4/4/2007 The Agency adopted its bylaws. Originally there were nine (9) members on the Board of Commissioners. 12/11/2007 City Ordinance No. 592 adopted the Eagle Urban Renewal Plan (the "Plan") for the Downtown and East End Urban Renewal Project. Based on the Plan adoption date of December 11, 2007 establishing the base year as 2007, no tax increment would be received until 2009, revenues before that date, limited to the City advance. On December 24, 2007, the Plan became effective when the ordinance adopting the plan was published. 2008 The Agency received no tax increment revenue in 2008. During this time, the — Agency worked to create positive relationships in the area and to generate contacts. 1/18/2008 Joint School District No. 2 vs. City of Eagle and Eagle Urban Renewal Agency, Case No. CV -OC -2008-01169, 4th Judicial District, Ada County, Idaho ("School District Lawsuit") was filed. The School District Lawsuit challenged the validity of the Plan. 11/25/2008 Agency adopted Resolution No. 08-02. The resolution acknowledged that the City had provided financial assistance to the Agency for 2007-2008 start up costs totaling $129,950 and approved entering into a Memorandum of Understanding ("MOU") establishing the terms whereby the Agency reimbursed the City for start up costs. Under the MOU, signed by the City and the Agency on December 9, 2008, the Agency is to repay the City in annual installments equal to 15% of the Agency's yearly revenue allocation proceeds, but not less than $30,000 per year until September 15, 2012. This agreement does not bear interest. The remaining balance was $39,950, as of September 30, 2011. 11/25/2008 City, Agency, and Joint School District No. 2 (the "School District") settled the School District Lawsuit. Under the terms of the settlement agreement, the Agency shall operate the revenue allocation financing as set forth in the Plan and in accordance with applicable law except that upon receipt of the tax increment revenues, the Agency will transfer portions of the revenue to the School District. This settlement agreement was approved by City Resolution No. 08-36 and by Agency Resolution No. 08-03. 12/3/2008 The School District Lawsuit was dismissed by the court. 1/2009 The Agency receives revenue allocation proceeds for the first time in January 2009 (the majority of the revenues are received at the end of January and at the end of July). It is the only source of income for the Agency. An integral component of the Agency's program is to develop outside funding sources to leverage Agency dollars for improvements within the urban renewal area. The 1 Date Event Agency has commenced the process to coordinate with property owners and public entities in an effort to determine redevelopment opportunities. The Agency intends to seek, review, and approve funding, where appropriate, for other projects that positively impact the urban renewal area and its residents. The Agency continued to develop positive relationships with the community and generated contacts with developers, College of Western Idaho (CWI), Sage Community Resources, property owners and others. 3/2009 The Agency submits its 2008 Annual Report to the City. 8/2009 The Agency terminated arrangements with the City for support staff and bookkeeping services and contracted with Sherry Atwell to serve as administrative assistant for the Agency. 9/15/2009 The Agency holds a strategic planning session. Shaun Wardle of V&G Ventures was hired to moderate the session. The session served as the groundwork for developing a guide for the Agency to identify where the agency can be most effective and developing a framework to focus activities. 5/11/2010 The Agency approved entering into a consulting contract with Larry Knapp to provide facilitation services for the purpose of coordinating the potential redevelopment of the Four Corners area. Meetings were held with the property owners, development concepts were discussed, and the role of the Agency was explored. By the end of 2010, several of the property owners had commenced discussions to enter into an agreement that would guide development into the future. 7/2010 The Agency began exploring the possibility of expanding the Agency boundaries to the east to include the Stillwell property with the idea of attracting CWI. The - Agency met with legislators Moyle, Winder, and DeMordaunt. The Agency's legal counsel incurred the expense of evaluating whether the expansion would comply with Idaho law. This effort continued through 2011. In 2011, Consultant Harlan Mann completed the preparation of the West State Street Area Urban Renewal Eligibility Report. Ultimately, the agency decided against the Stillwater project because it did not appear to be in public's best interest nor did appear to be the best use of funds. 11/23/2010 The Agency submits its 2009 Annual Report to the City. 1/25/2011 The Agency reaffirmed its commitment for enhanced discussion and coordination with the Mayor and City Council. The Agency and City Council held a joint work session to discuss the urban renewal plan, the implementation of the plan and future activity. 2/8/2011 The City adopted Resolution No. 11-01 resolving that the Agency be governed by a seven (7) member board instead of a nine (9) member board. The resolution was effective immediately upon its adoption. 4/5/2011 Agency submits its 2010 Annual Report to City. 7/12/2011 At a regular board meeting, Agency board discussed hiring a Public Relations/ Marketing firms and working with the City and the Chamber of Commerce to promote Eagle with a unified PR program. Teresa Yragui, Agency board member, 2 Date Event was assigned to meet with Sage Resources to look into the possibility of obtaining a Brownfield loan in the amount of $250,000. 9/30/2011 Agency assets have increased to a point where it has become more feasible to invest in a project or to acquire property: Audit Year Fiscal Year Ended 9/30/2009 Fiscal Year Ended 9/30/2010 Fiscal Year Ended 9/30/2011 Total Net Assets $1,414 $73,296 $158,350 11/2011 _ Consultant Harlan Mann prepared a report estimating that the Agency would receive approximately $148,000 in net revenue in 2012. Net revenue excludes the school district rebate of approximately $61,000. 11/9/2011 The Agency approved a grant not to exceed $5,000 for the beautification project of a public space in Downtown Eagle along Eagle Road and State Street. The project is within the Urban Renewal area and within the ACHD public right of way. 12/14/2011 Bob and Gloria Bruce made a presentation for help with sidewalks, curbs, gutters and street lighting adjacent to the Eagle Hotel. The Agency board met with representatives of Tri -City Meats to discuss the opportunities of working with Tri - City and the Four Corners area. 1/24/2012 Current makeup of Agency board is well rounded and balanced with staggered terms to retain continuity: Board Member Doug Racine — Chairman Scott Nordstrom Vice -Chairman Background Term Licensed Architect Since 1982 -- B.A. University of Idaho Member Eagle Chamber of Commerce — former involvement with Downtown Eagle Committee Volunteer with March of Dimes and as Optimist Football Coach Eagle Business Owner Former Eagle City Councilman Former Planning and Zoning Commissioner Represents Agency on "Project Eagle" leadership committee Appointed 5/2008 Term Expires 5/2012 Appointed 5/2008 Term Expires 5/2012 3 Board Member Background Term Jason Haas — Secretary/ Treasurer Mike Huffaker Walter Lindgren Nathan Paddock Jack Zastrow Certified Financial Planner 19 years independent investment adviser Organized and Chaired different committees within Eagle Chamber of Commerce Original board member and past board President of Boys and Girls Club of Ada County Bachelors degree from Northern Arizona University Combat veteran (United States Navy) from the city of Eagle Past City Councilman and Acting Mayor of Eagle 17 years as an attorney, 15 years in solo practice Editor in Chief of Education and Law Journal at J Reuben Clark Law School (BYU) Boy Scout Leader and Merit Badge Counselor - 6 years Various Church volunteer positions - 35 years Architect; has master planned several projects in Eagle and is familiar with working with the City Commercial Banking Division, Zions Bank Eagle Business Owner; licensed contractor; and former member of Eagle Planning and Zoning Commission Re -appointed 10/2011 Term Expires 10/2014 Appointed 5/2008 Term Expires 5/2013 Appointed 10/2011 Term Expires 10/2014 Appointed 10/2011 Term Expires 10/2013 Appointed 8/2011 Term Expires 9/2015 4 Memoranium Fax: To: Mayor and City Council From: Sharon K. Bergmann Date: January 23, 2012 Re: Resolution No. 12-03 There has been a miscommunication in regards to Agenda Item #8A -Resolution No. 12-03 Allied Waste Rate Adjustment in accordance with the most recent Consumer Price Index. Allied Waste's request is for an Annual Rate Adjustment of 3.53% and not a rate adjustment for a fuel recovery fee. The 3.53% annual rate adjustment was in the Public Hearing Notice. Alb From the desk of Sharon K. Bergmann RESOLUTION No. 12-03 A RESOLUTION OF THE CITY OF EAGLE, IDAHO, AMENDING ALLIED WASTE SERVICES FEE SCHEDULE PURSUANT TO THE SOLID WASTE CONTRACT RECYCLING COLLECTION SERVICES AS STATED IN SECTION 4.2 A. "CUSTOMER RATES — ESTABLISHMENT" AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, public notice for a public hearing for these fees has been published in the Valley Times as required by Idaho Code; and WHEREAS, Section 4.2A "Customer Rates—Establishment" of the Solid Waste Contract between the City of Eagle and Allied Waste Services provides for fee adjustments according to the current Consumer Price Index ("CPI"); and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO: Section 1: That an annual rate adjustment based on the Consumer Price Index (CPI) in the amount of 3.53% annually be added to the current amount billed per Allied Waste Customer. Section 2: That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Eagle City Council, Eagle Idaho. This day of January 2012. APPROVED: JAMES D. REYNOLDS MAYOR ATTEST: SHARON K. BERGMANN CITY CLERK Sharon Bergmann From: Sent: To: Subject: Attachments: Klein, Rachele [RKlein@republicservices.com] Friday, January 20, 2012 5:24 PM Sharon Bergmann; Tracy Osborn; Sheri Horton FW: Eagle PI 2012 .pdf - Adobe Acrobat Standard Eagle PI 2012 .pdf Hello team Eagle, Attached is this year's CPI request. It's actually not associated with any type of fuel recovery fee (FRF). The FRF dropped off a long time ago because we run almost all CNG trucks in Eagle. The price increase is to cover the rising cost of thiDgs such as tires, utilities, etc. I hope this helps. Have a good weekend, and I'll see you Tuesday. Rachele Klein 1 Business Development Manager, Republic Services 11101 W. Executive Dr.1 Boise, ID 83713 1 T: 208-685-7739 1 email: rklein reoublicservices.com Republic Services - an environmental partner you can count on. From: Remling, Rodney Sent: Friday, January 20, 2012 5:15 PM To: Klein, Rachele Subject: FW: Eagle PI 2012 .pdf - Adobe Acrobat Standard Rodney Remling 1 Division Controller, Republic Services 11101 W. Executive Dr. 1 Boise, ID 837131 Office 208-685-77501 Cell 208-407-15541 rremlinaereoublicservices.com From: Remling, Rodney Sent: Wednesday, January 04, 2012 5:50 PM To: Klein, Rachele; Fisher, Dave Cc: Mason, Amy; Mason, Linda; Thompson, Mark Subject: Eagle PI 2012 .pdf - Adobe Acrobat Standard Eagle City PI is 3.53% effective January 1, 2012. Thank you, Rodney Remling Division Controller Republic Services - Idaho 208-685-7750 1 4111. January 4, 2012 Mayor Jim Reynolds City of Eagle 660 E. Civic Lane Eagle, ID 83616 Dear Mayor Reynolds, REPUBLIC W: SERVICES As provided in Exhibit B of the Waste Collection Services with the city of Eagle, we calculated the annual rate adjustment based on the Consumer Price Index (CPI) for the U.S. City Average as published by the U.S. Department of Labor, Bureau of Labor Statistics. The CPI change for the previous twelve month period ending in October 2011 is 3.53%, effective January 1, 2012. If you have any questions or concerns, please let me know. We appreciate the opportunity to serve your community. Sincerely, 441, -- Rodney Remling Division Controller 208-685-7750 11101 W Executive Dr Boise, ID 83713 208.345.1265 • Fax 208.375.9591 www.republicservices.com rsureau 0I Laoor statistics Uata Page 1 of 2 A tc 2 index FAQs About BLS Contact Us Subsalbe to E-mail Updates Home I Subject Areas I Databases & Tools I Publications I Economic Releases Databases, Tables & Calculators by Subject Change Output Options: From: 2001 To: ❑ include graphs Data extracted on: January 4, 2012 (7:39:26 PM) Consumer Price Index - All Urban Consumers Series Id: CUUR0000SA0 Not Seasonally Adjusted Area: U.S. city average Xtem: All items Base Period: 1982-84=100 Download:.xls Year = ...fan 12001; 175.11 2002 j 177.1 177.8 2003 181.7 183.1 120041 185.2 186.2 2005 190.7 1 191.81 2006 ! 198.31 198.7 2007 1202.4161 20081211.080 20091211.1431 2010;216.6871 20111220.2231 Feb._...... _...Mar ......._.._.. Apr _....... 175.8 176.2 176.9 178.8 179.8 1 184.2 183.81 187.4 188.0 193.3 194.6 199.8 201.5 203.499 1 205.352 206.686 211.693 1213.528 214.8231 212.1931212.7091213.2401 216.741! 217.631 218.009 1 221.309 223.467 1224.906 2011 Eagle -- Price Change 2012 226.421- 218.711 218.711 ..._.May.._.... _._..3un_,.._r......._Jul ._._._ 177.7: 178.0 177.5 179.8 1 179.9 180.1 ; 183.51 183.7 183.9 189.11 189.7 189.41 194.41. 194.5, 195.4; 202.51 202.91 203.5 207.949 1 208.352 1 208.299 216.632 218.815 219.964 213.856 1 215.693 215.351 218.178 217.965 218.011 225.9641 225.722 225.922 I Beta Go What's New Release Calendar Site Map Search BLS.gov More Formatting Options 1/00' Nov. 1, 2010 to Oct. 31, 2011 = 3.53% Change in US City Ave. CPI -All Urban Consumers Aug i Sep i Oct 177.51 178.3 180.7 181.0 184.6 185.2 189.51 189.91 196.41 198.8 203.9: 202.91 177.71 181.3 1 185.0 ; 184.5 184.3 184.0 190.91 191.0 190.3 188.9 199.2 I 197.6 196.81 195.3 201.8 201.5 201.81 201.6 207.917 208.490 1208.936 210.177 Nov 1 Dec 1 Annual HALF1 HALF2 177.4 176.7 177.1 j 177.5 181.3 180.9 179.9 1 180.9 I 219.086 1218.783 216.573 212.425 215.834 215.969 216.177 216.330 218.312 1 218.439 218.711 218.803 226.545 226.889 226.421 226.230 210.036 207.342 210.228 1 215.303 215.9491214.537 219.179 218.056 1 176.6 178.9 183.3 187.6 193.21 200.6 1 205.709 1 208.976 1 214.429 1 216.177 1213.1391215.935 1 217.535 1 218.576 1223.598 I 184.6 190.2 197.4 202.6 Q FONT SIZE: 'L -:j trj http://data.bls.gov/cgi-bin/surveymost 1/4/2012 Doug Racine comments: Good Evening Mr. Mayor, members of the City Council and the citizens of Eagle. I am Doug Racine, the Chair of the Eagle Urban Renewal Agency. I am speaking on behalf of the Agency and thank you for the opportunity to comment on the City Council's proposal to change the governance of the Agency. We have provided a written statement setting forth our concerns about the legality of the City Council's proposal and the impact the proposed change will have on the Agency and the future of the urban renewal projects in Eagle. Rather than re -state what the letter contains, I would like to focus on one central concern: Why? Why does the current governing body need to be replaced? Have we done something wrong? Why has the City Council not previously voiced its concerns over the job the Agency has done? We should discuss any concerns before the Board is terminated and current Board members are no longer needed. Why does the City Council find it necessary to pass an ordinance terminating the current board after only one public comment opportunity and reading of the ordinance rather than the typical three readings? Why are we only being provided one opportunity to comment? Since my appointment I have worked with my fellow Board members to achieve the goals of the Agency. I have volunteered countless hours of time and effort to help bring development projects to Eagle and know each of my fellow board members has done the same. The Agency has tried to implement the Plan approved by the City Council in December 2007. Our efforts entitle us to an explanation why we are being fired. Are we being fired due to a lack of effort? As Agency Board members, we have met with and worked with the City Council and have never been told we are not working hard enough. It can't be due to a lack of any major projects. The Agency only began receiving tax increment revenue three years ago and has not had sufficient funds to take on major projects without risking the potential of over -extending itself. Everyone knows the economy has been stuck in a recession for the past few years. The Agency, like most Americans, has been forced to wait out the economic slump. Not taking on risky projects was prudent. Are we being fired for being prudent? The Agency has been patiently waiting for the right projects and making the connections and in -roads necessary to attract development to Eagle. During the last few years Agency Board members have been actively involved in the Eagle business community. The Agency has worked with the Eagle Chamber of Commerce, the Eagle Arts Commission, the Eagle Idaho Business Merchants Association and citizens of Eagle to develop ideas to promote the economic growth of Eagle. Board members have volunteered countless hours to meeting with property owners, developers, and government officials about finally developing the Four Corners property on the corner of Eagle and Old State Streets. I have volunteered many hours of my own time and expertise to help development projects get off the ground and know my fellow Board members have done the same. Are the Agency Board members being fired because of allegations it has been transacting business behind closed doors? Our meetings are open to the public and always have been. We don't meet in secret. Any contention the Agency acts without transparency is mistaken. Are we being fired for hiring expert legal counsel, knowledgeable consultants or a strong administrative staff? As an Agency of volunteers, we do hire legal counsel, consultants, and administrative staff. We do as much work as we can as volunteers, but have to rely on attorneys and consultants when presented with issues beyond our knowledge. It would be irresponsible for us to act otherwise. So, we return to the main question: Why? I respectfully request the City Council explain why the current board needs to be fired; why the reasons for the termination were not discussed with the current Agency Board; and why the City Council has only allowed for one reading and public comment period on the proposed ordinance terminating the current Board. Such a major decision should not be fast tracked without any reason or explanation. Thank you for your time. Mr. Mayor, I respectfully request the opportunity for myself or another representative of the Agency to close the public comment portion of this Agenda item.