Minutes - 2025 - Conservation Advisory Committee (CEP) - 01/09/2025 - RegularTHE CITY OF EAGLE
CONSERVATION ADVISORY COMMITTEE
MEETING MINUTES
January 9, 2025
1. CALL TO ORDER: Chairman Baun calls the meeting to order at 5:30 p.m.
2. ROLL CALL: BAUN, BESSAW, JOHNSON, KOSCIUCH, PELLANT.
All present. A quorum is present.
3. REPORTS:
A. Committee: None
B. Staff: Provide an Update on CEP C of 0 List and Current CEP Funds Received to Date.
City Planner, Hailey Durham, states that the CEP C of 0 list remains the same as the last meeting and continues
to be monitored and updated as subdivisions commit to the program.
Deputy City Clerk, Holly Csencsits provides an update on the CEP funds that the City has received to date. The
City has received $540 to date and the deadline for reporting and payment is January 20`h.
4. NEW BUSINESS:
A. ACTION ITEM. Election of Conservation Advisory Committee Chairman and Vice Chairman
for 2025.
Baun introduces the item and asks for recommendations.
Johnson makes a motion to continue to have Baun as the Chairman and Pellant as the Vice Chairman.
Seconded by Bessaw. ALL AYE...MOTION CARRIES.
B. ACTION ITEM- Minutes of November 14, 2024.
Baun introduces the item and requests if there are any changes to the minutes.
Pellant moves to approve the minutes of November 14, 2024. Seconded by Johnson. ALL AYE...
MOTION CARRIES.
C. ACTION ITEM. Discuss and Establish Short -Term Projects and Education/Outreach
Opportunities: Within the next fiscal year.
Baun introduces the item and requests ideas from the Committee.
General discussion amongst the Committee regarding wildlife road signage, education outreach including
invasive and noxious weeds and soil education, including Survey 123 QR codes for rare plants and big game on
the City website. The committee will look for funding partnerships and grant opportunities.
The City can partner with organizations for education outreach and also host a booth at a Saturday Market or
hold a series of classes in the Community Hall.
Pellant moves to bring forward to Council the short-term projects and education/outreach opportunities
that were discussed tonight. Seconded by Buan. ALL AYE.... Motion Carries.
D. ACTION ITEM.: Discuss and Establish Long -Term Project(s): Greater than 1 year and may or
may not be dependent on funding and partners.
Baun introduces the item and requests long-term projects from the Committee.
Kvamme states that he had a discussion with John Rennison regarding partnering with the City or URA to
develop and clean up the Charlie Wood Park and also donate adjacent land in lieu of impact fees.
Discussion amongst the Committee regarding the Charlie Wood Park wetlands development project and other
opportunities with this property in addition to discussion regarding the adjacent property.
The Committee agrees to propose to the Council on constructing walking paths throughout the property and
planting grass, shrubs and trees. There would need to be grading, seeding and topsoil. This could be a short-
term fix to create a place to be admired and utilized. The Committee also agrees to request that the City work
with the adjacent property owner to help with the development of the park. The long-term project could be a
nature park with wetlands and include education portions throughout along with fishing.
Bessaw makes a motion to propose our long-term project of Charlie Wood Park native vegetation
restoration to City Council and to work with adjacent property owner to accomplish a majority of the
work. Discussion on doing a more natural park with a trail. Seconded by Pellant. ALL AYE. MOTION
CARRIES.
Csencsits states that there is the City Council joint meeting on Monday, January 13 at 5:30 p.m.
Baun suggests working with the small ag refugee program in Eagle and will be gathering more information on
that and bring to forward to the Committee.
5. ADJOURNMENT:
Kosciuch moves to adjourn. Seconded by Thomas. All AYE... MOTION CARRIES.
Hearing no further business, the Conservation Advisory Committee meeting was adjourned.
n
fully submitted:
HO CSENCSITS Id-CMCT
DE' , Y CITY CLERK
APPROVED:
CHARLIE BAUN,
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
W W W.CITYOFEAGLE.ORG.
EXHIBIT B
LETTER OF INTENT
February I , 2016
Eagle Urban Renewal Agency
P.O. 1957
Eagle, Idaho 83616
Caleb Roope, President/CEO
Pacific West Communities, Inc.
430 E. State Street, Suite 100
Eagle, Idaho 83616
Caleb Roope, Manager of TPC Commercial LLC, Managing Member
The Charter School Fund — Oro Valley, LLC
430 E. State Street, Suite 100
Eagle, Idaho 83616
Caleb Roope, Manager of TPC CS Holdings I, LLC, Manager
TPC Brooklyn Park Investors, LLC
430 E. State Street, Suite 100
Eagle, Idaho 83616
This letter of intent ("LOI") confirms our mutual intentions with respect to the
potential relationship and agreement described herein between the Eagle Urban
Renewal Agency, an independent public body, corporate and politic, organized and
existing under the laws of the State of Idaho and known as the Urban Renewal Agency
of the City of Eagle, Idaho ("EURA"), and Pacific West Communities, Inc., The Charter
School Fund — Oro Valley, LLC and TPC Brooklyn Park Investors, LLC ("Participants") with
the EURA and Participants collectively referred to herein as the ("Parties").
1. Owner Participation Agreement. The Parties desire to negotiate and enter into
either a new Owner Participation Agreement or an amendment to their existing
Owner Participation Agreement ("Agreement") for the construction of certain
Reimbursable Public Improvements (See Exhibits B and C) by Participants on the Site
(See Exhibit A) with the cost of the Reimbursable Public Improvements to be
reimbursed by EURA from a portion of the annual net tax increment revenues
generated by the increased value of Participants' property following Participants'
private development of the Site. The basic primary terms of the proposed
Agreement would be substantially as follows:
Letter of Intent Page I
(A) The property which is to be the subject of the Owner Participation Agreement
for the Reimbursable Public Improvements is the property generally noted in attached
Exhibit A as the "Eagle Lakes" project located south of State Highway 44 in Eagle, Idaho
("Site"). A complete legal description of the Site will be included in the Agreement.
(B) Participants intend to own and develop the Site. Participants will own the Site
at the time any Agreement is executed. The Reimbursable Public Improvements which
are the subject of this LOI are located within the "Eagle Lakes" project on the Site. As
shown in Exhibit B attached hereto, the Reimbursable Public Improvements described in
this LOI would be required to be completed by June 30, 2018. The agreement
contemplated by this LOI may require an integration of Exhibit B with the tables in the
existing Owner Participation Agreement and a corresponding adjustment to the
revenue, expenditure and reimbursement schedules in said tables.
(C) The Reimbursable Public Improvements consist of public restrooms, public
parking facilities and public park and pathway improvements with an estimated total
cost not to exceed $702,000.00 as shown on Exhibit C. The location of the desired
improvements is subject to negotiation and change. The Parties may negotiate
potential reimbursement for financing costs associated with the Reimbursable Public
Improvements. The Reimbursable Public Improvements will be open and equally
available for use by the public. Agency will not be responsible for the on -going
maintenance and repair of the Reimbursable Public Improvements. Participants will
ensure that ongoing maintenance and repair of the Reimbursable Public Improvements
is provided for with specifics to be negotiated in the Owner Participation Agreement.
(D) Participants will construct the Reimbursable Public Improvements as noted in
Exhibit C and EURA will reimburse Participants the actual cost of construction of said
public improvements solely from 75% of the annual net tax increment revenues
generated by the Site and received by the EURA applicable to and as a result of
Participants' private development on the Site. Reimbursement payments to
Participants will only come from the specified portion of the annual tax increment
revenues received by the Agency from Ada County and Participants will only be owed
and paid seventy-five percent (75%) of the annual net tax increment revenues
generated from the Site that Agency actually receives. The obligation of the Agency to
reimburse Participants shall be specifically subordinate to the Agency's debt obligations
existing prior to execution of any agreement. Any subsequent debt obligations that
are collateralized in whole or in part by the seventy-five percent (75%) share of the
annual net tax increment revenues generated from the Site will be subordinate to
Agency's obligation to reimburse the Participants from the seventy-five percent (75%)
share of the annual net tax increment revenues generated by the Site. The Agency is
only obligated to fund the reimbursement to Participants from the seventy-five percent
(75%) of the annual net tax increment revenues generated from the Site and received by
the Agency. Any agreement shall not be interpreted as precluding or limiting the
Agency's ability to incur debt collateralized by the Agency's twenty-five percent (25%)
Letter of Intent Page 2
share of the annual net tax increment revenues generated from the Site nor the
Agency's ability to incur debt collateralized by tax increment revenues generated
outside the Site. Participants shall have no claim or right whatsoever to any of the
Agency's other available revenues, assets or other funding sources outside of the
seventy-five percent (75%) of the increased annual net tax increment revenues
generated from the Site. Agency will not be obligated or required to seek or use other
available revenues or other funding sources for reimbursement to Participants. Net
share shall be calculated after any pass through payments due to other taxing districts.
There shall be no penalty or other fees for early reimbursement of the full amount.
Reimbursement payments to Participants will not exceed the life of the EURA and
Participants bear the risk that the reimbursement payments to be made during the life
of the EURA from the seventy-five percent (75%) portion of the annual net tax
increment revenues may not be sufficient to fully reimburse Participants for the cost of
constructing the Reimbursable Public Improvements. The annual net increment
reimbursement amounts shall be calculated and begin accumulation upon a date
(mutually agreeable to the Parties, which may be the same as the date under the
existing Owner Participation Agreement for the Site, and subject to values of the Site
established by the Ada County Assessor and when any annual net tax increment
revenues are actually received by the Agency.
(E) Although this LOI covers Reimbursable Public Improvements in the "Eagle Lakes"
project, the annual net tax increment revenues from the "Eagle Lakes", "East End
Marketplace" and "Edgewood Crossing" projects will be used for reimbursement.
(F) The Agreement will include conceptual drawings and an adequate description of
the Reimbursable Public Improvements. The Reimbursable Public Improvements are
subject to the approval of the EURA and the City of Eagle and must be constructed in
accordance with the regulations, laws, standards and requirements of the City of Eagle
and any other applicable government agencies with jurisdiction. The Reimbursable
Public Improvements must be accepted by the City or the applicable agency with
jurisdiction following construction to be eligible for reimbursement by the EURA.
Ownership of the Reimbursable Public Improvements by Participants or the applicable
public agencies and the availability of said improvements for use by the public will be
addressed in the Owner Participation Agreement.
(G) The Agreement will require that the Participants' private development and use
of the Site and the design and construction of the Reimbursable Public Improvements
conform to the EURA's Revitalization Plan. The Agreement will also prohibit
discrimination by Participants in the construction of the desired improvements and the
use and development of the Site unless otherwise allowed pursuant to federal fair
housing laws.
2. Subsequent Agreements. All of the terms and conditions of the proposed
Agreement would be stated in the subsequent Owner Participation Agreement to be
Letter of Intent Page 3
negotiated and, if agreed upon, then executed by the Parties. The Parties do not
intend this LOI or any of their oral or written statements or correspondence
concerning this LOI and/or the Agreement to be binding upon the Parties,
notwithstanding that the same may be expressed in terms signifying a partial,
preliminary or interim agreement between the parties.
3. Expenses. The Parties will pay their respective expenses incidental to this
LOI, the Agreement and the establishment of other corresponding agreements and
relationships between the Parties regarding this transaction.
4. Miscellaneous. This letter shall be governed by the laws of the State of
Idaho. This LOI constitutes the entire understanding between the Parties hereto
with respect to its subject matter and supersedes all prior or contemporaneous
agreements, representations, discussions and understandings of the Parties
(whether oral or written). No promise, inducement, representation or agreement,
other than as expressly set forth herein, has been made to or by the Parties hereto.
The Exhibits attached to this LOI are specifically incorporated by reference herein.
This LOI may be amended only by written agreement signed by the Parties. Evidence
shall be inadmissible to show agreement by and between such Parties to any term
or condition contained herein or contrary to or in addition to the terms and
conditions contained in this letter. This LOI shall be construed according to its fair
meaning and not strictly for or against any Party regardless of which party drafted
the LOI or applicable portion thereof. This LOI may be executed in two
counterparts, each of which shall be deemed an original and all of which taken
together shall be one and the same document.
5. No Binding Obligation. THIS LETTER OF INTENT DOES NOT CONSTITUTE OR
CREATE, AND SHALL NOT BE DEEMED OR INTERPRETED TO CONSTITUTE OR CREATE,
ANY LEGALLY BINDING OR ENFORCEABLE OBLIGATION OR AGREEMENT ON THE
PART OF ANY PARTY TO THIS LETTER OF INTENT. NO SUCH OBLIGATION SHALL BE
CREATED, EXCEPT BY THE EXECUTION AND DELIVERY OF THE SEPARATE AND
SUBSEQUENT OWNER PARTICIPATION AGREEMENT BETWEEN THE PARTIES
CONTAINING SUCH TERMS AND CONDITIONS AS SHALL BE AGREED UPON BY THE
PARTIES, AND THEN ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
SUCH SUBSEQUENT OWNER PARTICIPATION AGREEMENT.
By signing below, the Parties hereby agree and acknowledge that the foregoing
terms and conditions of this LOI are acceptable and that they are in agreement with
the same.
Letter of Intent Page 4
Eagle Urban Renewal Agency
Pacific West Communities, Inc.
Caleb Roope
President/CEO
The Charter School Fund — Oro Valley, LLC
TPC Commercial, LLC, Managing Member
Caleb Roope, Manager
TPC Brooklyn Park Investors, LLC
TC CS Holdings I, LLC, Manager
Caleb Roope, Manager
Letter of Intent Page 5
Exhibit A — Site
r *
EAGLE LAKES
Exhibit "A,, .., 1) PUBLIC RESTROOMS & PARKING FACILITIES
jp. 2) PUBLIC PARK IMPROVEMENTS 1
3) PUBLIC PATHWAY IMPROVEMENTS
°CC. 'A ' • ,I t,
/
.
, 65' • '‘. . • • .
• . Alt iF:, __ - - -r.' ,
. , ' • -, ,
m
(1•,"•', . •• 'VII Y '.1 •\ -14
`(/. 1
4 / 1
•'"/ -. '
*
11* '') 7-4.,E1,44-,,_,,,, ., .._
‘'r
„ .
. ). • „ tp... /II
...
siDE
- , • .,A.
4111
Letter of Intent
Page 6
Exhibit B
Projected Scope and Schedule of Reimbursable Public Improvements
111
i
! r
!!'
0
w....w
1
11
111s§
-
1
;a
1'
7 3 t
MRtat f 6Slan fl*engirt f NiIII f MRa'I f attest tI_tal f (Stan f (S tat f ISlal TOW fresh f str.Qe t f ..R f rarer F IMt( f I`"' M f van f
VW P.MtM !'.f err \R S.Y t'IR TrRIMi e_ . t}R MI Iter fR OR *SW:
✓tom►
aanolrot.rO nil O WPOOrf ;y l.w
aaMw
11HHg
Ili
+.+-ww
s
i
..
r
.+
$•
1
1
.�.
1
y
4
w
r.
1
....
./.
i
.
. .
$
•
Letter of Intent Page 7
General Development
The development shall be in acceptable conformity with the Agency's
Revitalization Plan, all applicable City building, zoning, design review approval
and subdivision ordinances and the City Conditions of Approval.
All improvements constructed by the Participants shall be constructed
substantially in accordance with this Scope and Schedule of Development,
Revitalization Plan, City Agreements, City Conditions of Approval, with plans and
drawings which have been submitted to the City, ACHD, ITD, other applicable
agencies and the Agency. Plans and drawings are to be submitted to the
Agency for review and approval concurrent with submission to the City, ACHD,
ITD or other applicable agency. The Participants shall also provide the Agency
with the plans and the specifications of the Reimbursable Public Improvements
for review and approval at the same time they are submitted to the applicable
agency.
Participants shall complete the Reimbursable Public Improvements
located within and applicable to the Eagle Lakes portion of the Site by June 30,
2018. The Parties agree that a mandatory schedule for the completion of the
private development, other than the Reimbursable Public Improvements, is not
necessary as it is in the Participants' best interest to complete said private
development as quickly as possible. Nevertheless, completion of the private
development that does not include the Reimbursable Public Improvements is not
to be unreasonably delayed. Once construction has commenced, it shall be
continued diligently until completed on or before the times set forth herein.
Letter of Intent Page 8
Exhibit C— Reimbursable Public Improvements
DESCRIPTION OF IMPROVEMENTS AMOUNT OF
IMPROVEMENTS
Eagle Lakes
Public Restrooms and Parking Facilities $304,000
Restroom Structure — Minimum of Two Restrooms
Paved Parking Improvements (Including Curbs, Gutters, Sidewalks)
Sewer and Water Services
Dry Utility Services
Storm Drainage
Landscaping
Street Lights
Land Acquisition Costs for Public Improvements
Public Park Improvements 245,000
Landscaping
Graveled Pathways
Park Benches
Public Pathway Improvements 153,000
Paved Pathways
Pathway Lighting
Total Estimated Reimbursable Public Improvements $702,000
Time and Terms of Annual Net Tax Increment Reimbursement Payments
For any reimbursements to which the Participants are entitled, the payments received
each year by the Agency from the ad valorem taxes paid by taxpayers to the Ada County
Treasurer from the private development on the Site shall be paid to the Participants
after the completion of the Reimbursable Public Improvements, verification of the costs
of the Reimbursable Public Improvements, and acceptance thereof by City, ACHD, ITD
and the Agency as applicable. Reimbursement payments by Agency to Participants for
Reimbursable Public Improvements shall only be made to Pacific West Communities, Inc.
The Local Economic Development Act, as amended, provides that the Agency will be
paid tax increment funds contingent on the amount of assessed value of the applicable
property as determined by the Ada County Assessor each year and the rate of tax levy
or the percentage of assessment levied by each of the taxing agencies. The Agency is
not a guarantor of the assessment determination made by Ada County Assessor or the
collection of the tax increment by Ada County.
Reimbursement to Participants shall only be made from the applicable portion of the tax
increment revenues paid to the Agency by Ada County. The Agency agrees to make
Letter of Intent Page 9
reimbursement payments from the applicable portion of the annual net tax increment
revenues generated from the Site and as funds are received during the year. The
Agency shall have no obligation to make payments to the Participants from tax revenues
collected and paid to the Agency beyond the existence of the potential agreement.
The reimbursement payments to the Participants are secured solely by a pledge of the
Agency of the percentage of the annual net tax increment revenues generated by the
private development that is constructed on the Site by the Participants, and the
Participants shall have no other recourse to the Agency or the City and no recourse
whatsoever to any other party for payment.
There shall be no penalty to Agency for early payment or reimbursement made to
Participants of the costs of the Reimbursable Public Improvements.
Letter of Intent Page 10
EXHIBIT C.1 — Eagl.e Lakes Park
/34 ,71iT -
.,
,,,...: .
4,,. _ .-...,,,e)---4x--....,.,_7-.,..1--
,,-,*.4.,,- -.- ‘i,--- • .,.....--- --..... --..-- ' • ... .
- -.4.:r; --- - - • '-', 47.1..,,,,-- -- - -
,
„.z,,,,,.,:.., ---s., :_._- -,,,-,,.::-..4....t..;-;....,.:;:i7:-t-....-.,-,s-."....1,. ...."--'1`-'-' ... ......
-,,,,,
rk. - - • -- ..Z.:,:v . 4 4, ........,,c-,...... ....,, .....,
' r
4g 4....
•
5 of 6
EXHIBIT C.2 — Charlie Wood Park
6 of 6
aved Pathway
Existing Paved Greenbelt Pathway
•
Aerial Photo Source: Google Earth (July 8, 2018)
EXHIBIT J.4
Eagle Lakes Park
Concept Site Plan
Existing Paved Pathway—,
EXHIBIT D.2
Charlie Wood Park Phase
Concept Site Plan
New Gravel Pathway
Boise River
"No Mow" -Drought Tolerant, Low Maintenance Fescue
• Establishes Quickly, and thrives in full sun or partial shade in any well -drained soil
• Forms a thick flowing carpet of grass
• Reduces mowing to twice a year
• Requires little if any watering, once established
• Inhibits weed invasion with its dense root system
• Requires no fertilizers or chemical treatment
• Withstands moderate foot traffic