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.
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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.
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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
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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.
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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.
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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.
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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
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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:
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SHARON K. BERGMANN • :c,
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CITY CLERK/TREASURER : . S J;A L
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APPROVED:
e.
AMES D. REYNOLDS
MAYOR
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL
UPON REQUEST.
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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.