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HomeMy WebLinkAbout08 20 2019 The urban renewal agency for the City of Chubbuck, Idaho Agenda August 20, 2019 5:30 pm in Council Chambers CALL TO ORDER APPROVAL OF MINUTES FOR JULY 16, 2019 (action item) GENERAL BUSINESS 1. Discussion of Canal Trail System and Funding Opportunities (Staff will discuss funding options for canal trails) 2. Resolution to accept Updated T.I.F. Eligibility Study west of I-15 (action item) (CDA board will discuss Updated Eligibility Study to add additional parcels) 3. Patriot Commercial Properties Reimbursement Request (action item) (CDA board will review TIF reimbursement request) 4. Pine Ridge Mall Reimbursement Request (action item) (CDA board will review TIF reimbursement request) 5. Downtown / City Hall Property Agreement (action item) (CDA board will discuss property acquisition adjacent to City Hall site) 6. Zion’s Public Finance – Municipal Advisor (action item) (CDA board will discuss agreement for financial advisory services) 7. Review and approve claims to be paid (action item) (CDA board will review and approve payments of obligations) 8. Discuss and add agenda items for future meetings (action item) (CDA board will discuss possible items for future agendas) ADJOURN NEXT MEETING Tuesday September 17, 2019 City Hall and the City Council Chambers are accessible for persons with disabilities. Any person needing special accommodations to participate in the meeting should contact the City Offices at 208.237.2430 at least 24 hours prior to the meeting. City of Chubbuck 5160 Yellowstone Avenue PO Box 5604 Chubbuck, ID 83202.0006 208.237.2400 The urban renewal agency for the City of Chubbuck, Idaho Minutes of the Chubbuck Development Authority meeting held at Chubbuck City Hall Council Chambers, 5160 Yellowstone Avenue on July 16, 2019 at 5:30 pm. Chairman Dan Heiner. Commission Members: Mecinna Price, Deloy Stuart, Tom Nield, Annette Baumeister. Mayor; Kevin England. Executive Director; Rodney Burch. Associate Director; Devin Hillam. Secretary; Kami Morrison. Chairman Heiner called the meeting to order at 5:33 pm. APPROVAL OF MINUTES: for June 18, 2019 (action item) Heiner entertained a motion to approve the minutes as emailed. Stuart moved the minutes of June 18, 2019, be approved as emailed; Baumeister seconded. All voted to approve. GENERAL BUSINESS 1. Parrish Warehouse Art Update (action item) (Staff will provide update on status of project) Warehouse art project likely will not happen this year but potentially next year. Highland teachers were very interested in art projects on traffic boxes. Two out of three appear to be within current urban renewal boundaries but staff can look into them with more detail for verification and bring more information. Approximate cost would be approximately $1500 - $2000 for three graffiti-resistant, vinyl wraps. Hillam stated students and faculty felt a sign painter would be more appropriate for a logo-type project. Board discussed creating a community volunteer board for these types of projects. Hillam indicated that from an administration and open meeting standpoint, that it would be preferred if a grassroots effort occurred without CDA involvement and that the CDA could then review proposals. If board members know of anyone interested in leading grassroots efforts to increase art, let Hillam know and he can begin having those conversations. Hillam will send article on public art to the board. Will have additional information on traffic boxes at next meeting. No action taken. 2. Update on canal crossing at James & Hawthorne (Staff will provide update on status of project) No update on James & Hawthorne will require additional information from consultants. Eventual goal is to program crossing into next year’s fiscal year program based on cost. 3. Construction project update (Staff will provide update on construction projects) City of Chubbuck 5160 Yellowstone Avenue PO Box 5604 Chubbuck, ID 83202.0006 208.237.2400 Hawthorne project will bid August 6th with hopeful approval from City Council on August 7th. Have hired consultant for Siphon Road Phase 4 design, which is Yellowstone to Whitaker road, actively working on that project. 4. Review and approve claims to be paid (action item) (CDA board will review and approve payments of obligations) One claim is for finished segment of dark fiber project for connection into well 6. Expenditure was approximately $18,000. Have one small segment left from industrial park down Siphon to Whitaker. Will also be approximately $18,000 but still within budget. Public meeting this Thursday for fiber forum. Presentation from multiple companies. Will hear their format and plans to service our community. Brief discussion about municipal fiber costs and benefits. Remaining claims are miscellaneous associated with Country Acres. Baumeister motioned to approve claims as presented. Price seconded. Roll Call Vote: Price, Yes; Stuart, Yes; Baumeister, Yes; Nield, Yes; Heiner, Yes. Motion carried. 5. Discuss and add agenda items for future meetings (action item) (CDA board will discuss possible items for future agendas) - Traffic signal box art ADJOURN: Stuart motioned to adjourn, all in favor at 5:52pm NEXT MEETING: August 20, 2019 ____________________________________ _________________________________ Dan Heiner, Commission Chair Kami Morrison, Secretary J:\Administration\Chubbuck Development Authority\CDA SECRETARY\Meeting Packets\2019\008.20.19\Agenda Item 1 Canal Trails.docx 1 The urban renewal agency for the City of Chubbuck, Idaho Memo TO: Chubbuck Development Authority FROM: Devin Hillam, Director DATE: August 15, 2019 RE: CDA Agenda Item No. 1- Discussion of Canal Trail System and Funding Opportunities “In every town that we went to, you could find a river walk —even if they didn’t have a river. To me it was sign that they wanted to make their town a nicer place to live; a place where the public could go out and enjoy themselves. River walks and brew pubs kind of go into the same category. They’re part of the same thing: Improving the texture of the town.” Deborah Fallows, Our Towns: A 100,000-Mile Journey into the Heart of America One of the adopted visions of the City of Chubbuck, per the Strategic Plan, is to increase accessibility in the City by multimodal transportation (i.e., all types of transportation- vehicular, pedestrian, bicycle, etc.) and a specific action item given to the City to pursue is to work to determine feasibility and a plan for a canal bank greenway system which, in addition to other potential canal trails, could include a trail from Pocatello to Blackfoot using the Hiline Canal bank. City of Chubbuck 5160 Yellowstone Avenue PO Box 5604 Chubbuck, ID 83202.0006 208.237.2400 J:\Administration\Chubbuck Development Authority\CDA SECRETARY\Meeting Packets\2019\008.20.19\Agenda Item 1 Canal Trails.docx 2 Rodney Burch and I, in our roles with the City, have contacted the Fort Hall Irrigation Project and have identified the manner in which they would permit paved greenway trails in the City (local administrative decision based on plans). Moreover, to further to goals of the City to this end, I have been a board member of the Portneuf Greenway Foundation since May of 2018 and the Foundation is interested in connecting to a future Chubbuck system and in being of assistance in coordinating funding opportunities from funders (Greenway Foundation is entirely donation and grant-funded) and in administering some construction projects. It is with this City vision in mind that Rodney Burch and I seek to know if the Chubbuck Development Authority is interested in helping to fund a canal trail system within the CDA’s 1992 district and in future districts, or via the utilization of future administrative fees which can be used outside of district boundaries for the public good. The typical greenway trail runs, on average, around $200,000 per mile and includes a 10’ asphalt path, gravel base, and subgrade work. The City and the Director and I firmly believe that a greenway system in the City would be an incredible economic draw as part of the City’s broader efforts in placemaking and would have tremendous recreational and transportation benefits to the City, its taxpayers, and to the surrounding region. Across the nation, trails are demonstrated to increase property values, boost spending at nearby businesses, make communities more attractive places to live, revitalize depressed areas, and provide transportation options to decrease reliance on automobiles and to decrease fuel expenses. If the Authority is amenable to considering this effort, we will leave the meeting to identify tactical locations considering costs, administrative burden, and public benefit. J:\Administration\Chubbuck Development Authority\CDA SECRETARY\Meeting Packets\2019\008.20.19\Agenda Item 1 Canal Trails.docx 3 Potential Greenway Canal Trail Locations RESOLUTION NO. 2019-_____ - 1 RESOLUTION NO. 2019-__ BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT AUTHORITY: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO A/K/A CHUBBUCK DEVELOPMENT AUTHORITY, ACCEPTING THAT CERTAIN SUPPLEMENTAL REPORT ON ELIGIBILITY FOR CERTAIN PROPERTY ADJACENT AND CONTIGUOUS TO THE 2018 STUDY AREA REFERRED TO AS THE SIPHON- NORTHGATE INTERCHANGE WEST AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE SUPPLEMENTAL AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AUTHORIZING AND DIRECTING THE CHAIR OR VICE-CHAIR TO TRANSMIT THE SUPPLEMENTAL REPORT AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF CHUBBUCK REQUESTING ITS CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEKING FURTHER DIRECTION FROM THE CITY COUNCIL SUBJECT TO CERTAIN CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Chubbuck also known as the Chubbuck Development Authority, an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the “Law”) and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the “Act”), a duly created and functioning urban renewal agency for Chubbuck, Idaho, hereinafter referred to as “Agency.” WHEREAS, by Resolution No. 4-92, dated April 11, 1992, the City Council (the “City Council”) of the City of Chubbuck, Idaho (the “City”) created an urban renewal agency, pursuant to the Law; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan Chubbuck Downtown Improvement Project (the “1992 Plan”) to redevelop a portion of the City, pursuant to the Law and the Act; WHEREAS, the City Council, in response to the public hearing on October 27, 1 992, by Resolution No. 11-92, amended City Council Resolution No. 4-92 and 7-92, to reduce the geographic boundaries of the revenue allocation area, which resulted in removal of the northern RESOLUTION NO. 2019-_____ - 2 parcels from the proposed revenue allocation area; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 385 on October 27, 1992, approving the 1992 Plan, and making certain findings; WHEREAS, the revenue allocation area boundaries were further administratively adjusted at the request of the Bannock County Assessor’s Office by City Council Resolution No. 1-93, dated January 19, 1993, to avoid splitting parcels; WHEREAS, on or about November 23, 1998, the Agency, City, and the Bannock County Board of County Commissioners (“BOCC”) and the Bannock County Assessor (“Assessor”) (collectively, the BOCC and Assessor may be referred to as “Bannock County”) entered into the Intergovernmental Agreement With Respect to the Chubbuck Development Authority and its Urban Renewal Plan (the “IGA”), to address concerns generally related to the geographic size and value of the 1992 Plan revenue allocation area; WHEREAS, the parties to the IGA agreed to an informal partial deannexation from the 1992 Plan revenue allocation area by specifically listing the parcel numbers of the properties to remain within the revenue allocation area; all other parcels not listed were to be disregarded for purposes of calculating tax increment (revenue allocation). The Assessor continues to track the parcels included in the 1992 Plan revenue allocation area consistent with the terms of the IGA; WHEREAS, the boundary map and legal description of record with the State Tax Commission (“STC”) were not updated to reflect the agreed upon changes in the IGA; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan Chubbuck Downtown Improvement Project (the “First Amendment”), which sought to deannex parcels from the 1992 Project Area commonly referred to as the “Old CarMike” parcels; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 758 on August 3, 2016, approving the First Amendment and making certain findings; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Pine Ridge Mall Urban Renewal Area and Improvement Plan (the “Pine Ridge Mall Plan”); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 759 on August 3, 2016, approving the Pine Ridge Mall Plan and making certain findings; WHEREAS, the Agency retained J Foster & Associates LLC and authorized Renee Magee to commence an eligibility study and preparation of an eligibility report of an area approximately 650 acres in size located generally west of Interstate 15, south of Tyhee Road, east of Whitaker and north of Chubbuck Road (the “Study Area”); WHEREAS, the Agency obtained an eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October 2018 (the “2018 Study”), which RESOLUTION NO. 2019-_____ - 3 examined the Study Area for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2018 Study was submitted to the Agency and the Agency on November 20, 2018, by way of Resolution No. 2018-03, accepted the 2018 Study and authorized the Agency Chair to submit the Resolution and 2018 Study to the City Council for its consideration; WHEREAS, the City Council on or about December 5, 2018, adopted and approved Resolution No. 2018-12 finding the Study Area described in the 2018 Study was a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, and directed the Agency to prepare an urban renewal plan. A copy of the 2018 Study is attached hereto as Exhibit A; WHEREAS, after adoption of Resolution No. 2018-12 by the City Council, several property owners requested that additional property adjacent to the Study Area, which was recently annexed into the City, be reviewed for eligibility. The Agency agreed to examine the property to determine whether such supplemental area is eligible for urban renewal planning purposes; WHEREAS, during 2019, Agency and City staff reviewed such additional area within the City and prepared a supplemental eligibility report, including the additional area; WHEREAS, the Agency has obtained a supplemental eligibility report entitled Eligibility Study for Siphon Interchange West Urban Renewal Area, 2019 Supplement, dated August 2019 (the “2019 Study”), which examined two additional open land parcels totaling approximately 75 acres in size adjacent and contiguous to the Study Area generally located north of Siphon Road and west of Interstate 15 (the “Supplemental Study Area”), for the purpose of determining whether such area is a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the 2019 Study has been submitted to the Agency, a copy of which is attached hereto as Exhibit B; WHEREAS, under the Law, Sections 50-2903(8)(f) and 50-2018 (8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(1), Idaho Code, or any forest land as defined in section 63-1701(4), Idaho Code, absent the consent of the owner of the agricultural operation or the forest landowner of the forest land, except for an agricultural operation or forest land that has not been used for three (3) consecutive years; WHEREAS, the 2019 Study includes parcels subject to such consent. While the necessary consents have not been obtained, any consents shall be obtained prior to City Council consideration of any urban renewal plan; WHEREAS, under the Act, a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or RESOLUTION NO. 2019-_____ - 4 substantially impairs or arrests the sound growth of a municipality. See Idaho Code § 50- 2903(8)(c); WHEREAS, Idaho Code §§ 50-2018(9), 50-2903(8) and 50-2008(d) list additional conditions applicable to open land areas, including open land areas to be acquired by the Agency; WHEREAS, the 2019 Study addresses the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50- 2903(8)(c), and 50-2008(d); WHEREAS, pursuant to Idaho Code § 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or a deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code § 50-2906 also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CHUBBUCK, IDAHO, A/K/A CHUBBUCK DEVELOPMENT AUTHORITY, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. That the Board acknowledges acceptance and receipt of the 2019 Study. Section 3. That there are one or more areas within the City that are a deteriorating area or a deteriorated area, or a combination thereof, as defined by Idaho Code §§ 50-2018(9) and 50-2903(8). Section 4. That one such area is an area approximately 75 acres in size located generally west of Interstate 15, south of Tyhee Road, east of railroad tracks, and north of Siphon Road. Section 5. That the rehabilitation, conservation, development, and redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of the City. Section 6. That the Chair of the Board of Commissioners or Vice-Chair is hereby authorized to transmit the 2019 Study to the City Council requesting that the City Council: RESOLUTION NO. 2019-_____ - 5 a. Determine whether the Supplemental Study Area identified in the 2019 Study qualifies for an urban renewal project and justification for designating the area, as appropriate, for an urban renewal project; b. If such designation is made, whether the Agency should proceed with the preparation of an urban renewal plan for the area, which Plan may include a revenue allocation provision as allowed by law; c. Coordinate with the Agency to obtain the required agricultural operation consents from the property owners. Section 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the Urban Renewal Agency of the city of Chubbuck, Idaho, on August 20, 2019. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on August 20, 2019. APPROVED: __________________________________________ Chair ATTEST: By________________________________________ Secretary Eligibility Study for Siphon Interchange West Urban Renewal Area 2019 Supplement for Chubbuck Development Authority August, 2019 2 Executive Summary This 2019 Supplement to the Eligibility Study for Siphon Interchange West Urban Renewal Area, dated October, 2018, prepared by JFoster and Associates (the “2018 Study”) examines an additional 75 acres of open land adjacent and contiguous to the area reviewed in the 2018 Study (the “2018 Study Area”) that was determined to be eligible for an urban renewal project pursuant to City Council Resolution 2018-12, dated December 5, 2018. The area reviewed in this 2019 Supplement was annexed into the City after the City Council made its findings concerning the 2018 Study Area. This 2019 Supplement was prepared by staff of the City of Chubbuck (the “City”) and the Urban Renewal Agency of the City of Chubbuck, also known as the Chubbuck Development Authority (the “Agency”). City and Agency staff note the conditions supporting eligibility of the 2018 Study Area remain unchanged since the City Council adopted its findings in Resolution 2018-12, on December 5, 2018, and the same conditions exist in the supplemental 75 acres reviewed herein (the “Supplemental Area”). The Supplemental Area is found to have certain conditions set forth in the definitions of a deteriorated area and/or a deteriorating area, and therefore, is eligible for an urban renewal project in accordance with Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the “Law”), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the “Act”) for the identical reasons as stated in the 2018 Study which generally are: 1) Obsolete platting/faulty lot layout. With the anticipated demand for business and mixed use growth in the area surrounding the new interchange with I-15, the existing land use pattern of ownerships of large agricultural acreages will inhibit the orderly growth of the City and, if not encouraged to subdivide into smaller parcels responding to demand for businesses, technology, and mixed uses, will result in the economic underdevelopment of the Supplemental Area. 2) Inadequate street system/outmoded streets. The existing roadways in the Supplemental Area are inconsistent with City standards and the existing road pattern does not serve the Supplemental Area. The Supplemental Area lacks interior collector and local roads. 3) Unsafe Conditions. The water and sewer system do not serve the interior of the Supplemental Area. The Supplemental Area also lacks fire hydrants impacting fire protection. Water quality in the Supplemental Area also remains a concern. Although this 2019 Supplement has found the lands included in the Supplemental Area to be eligible for an urban renewal project, a finding of eligibility does not commit either the Agency or the City Council of the City of Chubbuck (the “City Council”) to include any or all portions of the Study Area within an urban renewal project area. 3 Background The 2018 Study encompassed approximately 650 acres generally located west of I-15, south of Tyhee Road, east of Whitaker extended north, and north of Chubbuck Road. The 2018 Study was accepted by resolution of the Chubbuck Development Authority on November 20, 2018 and by City Council on December 5, 2018. This 2019 Supplement is needed to review for eligibility two additional parcels that have recently annexed into the City in order to be considered for inclusion in any proposed urban renewal project area. This 2019 Supplement has been prepared by City and Agency staff. Description of Supplemental Eligibility Study Area This 2019 Supplement examines a Supplemental Area approximately 75 acres in size west of I- 15 in the vicinity of Siphon and Hiline Roads. The Supplemental Area consists of two parcels owned by separate property owners. In the Supplemental Area, the principal arterial streets of Siphon Road, Whitaker Road, Hiline Road and Little Buffalo Creek Road provide a spine for a future road system in the 2018 Study Area and the Supplemental Area. The Supplemental Area is predominantly irrigated agricultural land or dry grazing land. No structures exist on the parcels in the Supplemental Area. Existing water and sewer mains exist in Siphon Road. The parcels in the Supplemental Area do not currently have water distribution or sewer collection facilities and therefore are not currently served by City water and sewer. The Chubbuck Comprehensive Plan, Our Valley, Our Vision, as recently updated, designates the land use for the Supplemental Area as commercial and mixed use for the westernmost parcel adjacent to Siphon Road and commercial and medium density for the parcel located between I-15 and Hiline Road and north of Siphon Road. 4 Community Plans for Supplemental Area The community plans for the Supplemental Area reflect the same information as represented in the 2018 Study, and are specifically incorporated by reference herein. 5 Statutory Criteria for Deteriorating Areas and Open Land The eligibility criteria for the Supplemental Area reflect the same guidelines as represented in the 2018 Study, and are specifically incorporated by reference herein. Findings The findings for the Supplemental Area reflect the existence of the following criteria for eligibility in the Supplemental Area. Obsolete platting/faulty lot layout. Obsolete platting is an eligibility criterion for open land. See 2018 Study. Obsolete platting includes lots too large to accommodate growth without further subdivision. In the Supplemental Area, there are two large, open land parcels totaling 75 acres transitioning from agricultural use. Community future land use plans as well as regional plans for the City articulate significant growth from the Siphon-Northgate interchange with I-15 north to Tyhee Road. The present land ownership pattern of large agricultural parcels requires further subdivision and, therefore, impairs the sought growth of the City towards I-15. The parcel size results in economic underdevelopment of the Supplemental Area. Inadequate street system/outmoded streets. Siphon Road west of Whitaker Road continues to not conform with City standards and is a two-lane road with approximately twelve-foot travel lanes and shoulders varying in width from one to six feet. There are no pedestrian facilities and drainage facilities are limited to barrow pits. Likewise, Hiline Road fails to meet present City road standards or comply with plans for an improved road system to serve the area. The existing system of roads retards the development of the Supplemental Area. Further, there are few existing streets west of I-15. There is no internal street network to serve the Supplemental Area, or to provide access within the Supplemental Area to other parts of the community. The lack of consistent collector or interior street system west of I-15 does not promote the movement of traffic from undeveloped parcels to the community. An urban renewal area in this portion of the community will provide a means to create access to lands closest to I-15 and eliminate a substandard arterial street. It will further address the issue of connecting growth near I-15 with the Supplemental Area and the City. Unsafe Conditions. The Supplemental Area is not served by a water distribution system or a sewer collection system. Fire protection is an issue as the Supplemental Area is not served by fire hydrants. Significant investments are necessary to assure orderly management of growth and safe development resulting from the traffic and demand for services at the proposed interchange. Ground water quality is an issue as the Supplemental Area is located where nitrate levels are likely to be elevated and groundwater quality may be degraded. The development of a central water distribution system is an important public priority to assure safety of residents and business owners. 6 Agricultural Operations in Study Area The owners of the two parcels in the Supplemental Area will need to give their written consent to be included within any revenue allocation area as the Supplemental Area has been used for an agricultural operation within the last three years. Ten Percent Limitation on Assessed Valuation within Revenue Allocation Area At the date of the 2018 Study, the City’s assessed valuation of taxable property within the City was $779,359,220. Ten percent of that valuation is $77,935,922. The City has two revenue allocation areas, and the 2018 adjusted base values of these revenue allocation areas according to Bannock County are: Central Chubbuck $ 13,382,652 Pine Ridge Mall $ 36,163,800 Additionally, the following base values have been included in previous Eligibility Study Areas. 2018 Study $ 3,089,605 Study Area East of I-15 $ 57,600 The 2019 estimated base for the Supplemental Area parcels is $91,863. The total valuation for the two existing revenue allocation areas, the previous Eligibility Study Areas and this proposed Supplemental Area, not considering conversion to non-agricultural uses, is $52,785,520 or 6.8% of the total valuation. Conclusion The Supplemental Area meets the criteria for eligibility under Idaho Code Section 50-2903(8)(c), predominantly open land, as well as the criteria for acquisition for nonresidential purposes, Idaho Code Section 50-2008(d). In addition, due to faulty lot layouts for sound growth, outmoded street patterns, the need for street correlation to other areas of the City, the Supplemental Area meet the criteria for deteriorating areas, Idaho Code Sections 50-2018(9) and 50-2903(8)(b). 7 Criteria Criteria Met? Characteristics supporting finding Obsolete platting, Section 50-2903(8)(c) Yes Further subdivision with local street and collector street patterns are required to allow orderly growth spurred by interchange and private development proposals. Substantially arrests sound growth of municipality, Section 50-2903(8)(c) Yes Large agricultural parcels impair sound growth of Chubbuck. Without further subdivision, demand for growth will need to leapfrog proposed urban renewal area. Faulty lot layouts, Section 50-2008(d), Section 50-2018(9) Yes Large land ownerships are not useful or adequate to accommodate commercial growth and mixed uses which need smaller lots for business and higher density housing. Inadequate street layout, Section 50- 2018(9) Yes The Supplemental Area includes arterial streets which do not meet modern street standards or provide pedestrian or biking facilities. The pattern of existing streets does not provide a collector or local street system in the Supplemental Area. Outmoded street patterns, Section 50- 2008(d) Yes See above. The outmoded street patterns, obsolete platting, and lack of central water and sewer systems retard the development of the area. Need for correlation of the area with other areas of municipality by streets or modern traffic requirements, Section 50-2008(d) Yes The existing arterial street system does not meet today’s standards. There is no coordinated street system east of Hiline nor a collector street system north of Siphon Road and east of Yellowstone Highway. Unsafe conditions, Section 50-2018(9) Yes A public water distribution system or a public sewer collection system does not serve the Supplemental Area. Fire hydrants are lacking in the Supplemental Area. There are no pedestrian facilities in the Supplemental Area. Substantially impairs sound growth, Section 50-2018 (9) Yes An inadequate street system, faulty lot layout, and the lack of a centralized water and sewer system inhibits the sound and orderly growth of the City in this area of anticipated demand for growth. 8 Next Steps: The Urban Renewal Process If it is determined the Supplemental Area meets the criteria for a deteriorating area and/or a deteriorated area, the Agency may accept the eligibility study and request its consideration by the City Council. If the City Council makes the necessary findings by resolution, the City Council would direct and authorize the Agency to prepare an urban renewal plan for a portion or all of lands considered eligible. The plan approval process is set forth in the 2018 Study. Public Works Department PO Box 5604 – 5160 Yellowstone Avenue, Chubbuck, ID 83202 208.237.2430 – Fax 208.237.2409 www.CityofChubbuck.us Memo To: Chubbuck Development Authority From: Rodney Burch, PWD – CDA Executive Director Date: 7-24-19 Re: Patriot Commercial Properties – Reimbursement Request Based on the following attached documents, Patriot Commercial Properties has qualified for tax reimbursement per the July 2017 agreement. 1) Cancelled Check for Property Taxes 2) Bannock County Tax Statement 3) Bannock County Computer Printout Paid Taxes The amount of taxes paid in this request is $20,542.77. The 2016 base tax value was $126.52. The reimbursable difference is $20,416.25. I recommend reimbursement in the amount of $20,416.25. Sincerely, Rodney Burch, PLS Public Works Director CDA Executive Director J:\Administration\Chubbuck Development Authority\TIF Reimbursement\Patriot Square Commercial Subdivision\2019\Memo to CDA - Reimbursement 7-24-19.docx The urban renewal agency for the City of Chubbuck, Idaho Memo To: Chubbuck Development Authority From: Rodney Burch, PWD – CDA Executive Director Date: 8-15-19 Re: Pine Ridge Mall TIF Reimbursement Based on the following information, the Pine Ridge Mall Urban Renewal Plan qualifies for FY19 TIF reimbursement. Eligible cost per original plan = $11,734,144 Qualified expenses to date = $3,095,821 FY 19 Tax increment received = $229,804 FY 19 CDA Admin Fee = $15,000 I have verified the property tax receipts and plan expenses are in compliance with the Pine Ridge Urban Renewal Plan. I recommend reimbursement in the amount of $214,804. This is a result of $229,804 in increment tax less the $15,000 in CDA admin fee. Sincerely, Rodney Burch, PLS CDA Executive Director J:\Administration\Chubbuck Development Authority\Pine Ridge Mall Farmer Holding\Reimbursement Request\FY2019 Reimbursement Memo.docx City of Chubbuck 5160 Yellowstone Avenue PO Box 5604 Chubbuck, ID 83202.0006 208.237.2400 J:\Administration\Chubbuck Development Authority\Director\Memos to Commission\Zions Public Finance - Advisor.docx The urban renewal agency for the City of Chubbuck, Idaho August 16, 2019 Chubbuck Development Authority Board RE: Zions Public Finance – Municipal Finance Advisor Dear Board Members, In preparation for potential future Revenue Bond offerings by Chubbuck Development Authority, I ask the board to consider entering into an agreement with Zions Public Finance to act as your Financial Advisor. The proposed agreement is not to obtain funds / financing from Zions, rather it allows Zions to be our advisor and represent the Authority in potential bond offerings. The details of the agreement and explanation of the needs will be presented at the board meeting. Sincerely, Rodney Burch, PLS CDA Executive Director City of Chubbuck 5160 Yellowstone Avenue PO Box 5604 Chubbuck, ID 83202.0006 208.237.2400 MA Contract 1 ZIONS PUBLIC FINANCE Agreement for Municipal Advisory Services THIS AGREEMENT, is being entered into as of the ___ day of ________, ____ by and between the CHUBBUCK DEVELOPMENT AUTHORITY, BANNOCK COUNTY, IDAHO, hereinafter the “Authority” and ZIONS PUBLIC FINANCE, Inc., a wholly-owned subsidiary of Zions Bancorporation, N.A., hereinafter "Zions". WITNESSETH WHEREAS, the Authority desires to receive professional advice from an independent Municipal Advisor; and WHEREAS, Zions desires to provide such advice and service to the Authority; and WHEREAS, Zions is an independent Municipal Advisory firm, fully registered as such with both the Securities Exchange Commission and with the Municipal Securities Rulemaking Board; and WHEREAS, the Authority desires assistance from Zions relating to the following: (check all that apply) All financings of the Authority, including, but not limited to revenue bonds, lease revenue bonds, certificates of participation, notes, and other obligations issued by the Authority, with the exception of those financings specifically excluded under Section 2 below. Only the following financings: (please specify) NOW, THEREFORE, the Authority and Zions agree as follows: 1. Zions Public Finance acknowledges that, under this Agreement, it has a fiduciary duty to the Authority and agrees to act in the Authority’s best interests. Zions agrees to provide the following services to the Authority as requested: (a) Render expert financial advice and assistance on fiscal matters pertaining to debt policies and procedures, the level and trend of fund balances, debt ratios, funding options, and the issuance and sale of the Authority’s securities, including notes, bonds, leases, and other forms of securities or financings. (b) Provide written advice and recommendations concerning financing structures including length of amortization, ratings and insurance, maturity schedules, interest rates, call provisions, premiums and discounts, security provisions, coverage covenants, and other terms of existing or proposed debt which Zions believes will be most satisfactory to the Authority’s goals and objectives. MA Contract 2 ZIONS PUBLIC FINANCE (c) Assist in the selection of other financing team members including, but not limited to, bond counsel, disclosure counsel, underwriter(s), trustees, paying agents, bond registrars, escrow agents, escrow verification agents, rating agencies, bond insurers, arbitrage rebate consultants, etc. Zions will quarterback the financing team with the task of keeping team members on schedule and within budget. (d) Work cooperatively with the Authority’s other financing professionals to the end that securities may be legally and successfully sold and issued. All other financing professionals will be paid by the Authority. (e) Advise and assist in selecting the most advantageous method of sale. (f) If a negotiated sale is deemed most advantageous to the Authority, Zions will assist in soliciting and analyzing underwriter proposals, and selecting the underwriter(s). Zions will also provide advice regarding the underwriter’s compensation and the appropriateness of the yields, coupons, and other terms proposed by the underwriter(s). (g) If a competitive sale is selected, Zions will coordinate with the provider of the electronic platform and provide all information necessary to offer the securities using this method. Zions will verify the calculation of the winning bidder and restructure the maturities to provide the Authority with its desired payment structure. (h) Attend meetings as requested by the Authority to discuss and formulate plans about proposed financings. This may include public hearings and formal meetings of the Authority’s governing body. (i) Assist the Authority in its preparation of financing documents, data, etc. as may be required by any state or federal agency, rating agencies, bond insurers and underwriters. (j) Assist with the preparation and review of an Official Statement, or other offering documents for each security issue, setting forth financial and other information about the Authority and the securities being offered for sale. (k) Participate in a "Due Diligence" meeting of the Authority prior to the finalization and distribution of any Official Statement in an effort to ensure full and complete disclosure of all information which could be considered "material" to any purchaser of bonds. the Authority understands that as a condition of marketing the bonds, it will be necessary to authorize and direct its appropriate officers to execute a certificate for insertion in the Official Statement and closing documents, confirming the truth and accuracy of all information contained in the Official Statement. (l) Deliver the Official Statement or other offering document, together with the Notice of Sale, to underwriters or potential purchasers of the Authority's securities. (m) Submit information concerning the proposed financing(s) to selected rating agencies in an effort to obtain favorable ratings on the Authority’s financings. If requested, Zions will organize, assist in the preparation of, and participate in the Authority’s MA Contract 3 ZIONS PUBLIC FINANCE presentations made to rating agencies, bond insurers, or investors in New York City, San Francisco, or other locations. The actual fees and related expenses of any such presentation are to be paid by the Authority. (n) Coordinate the closing of the debt issue, including the transfer of funds and the delivery of the securities to the underwriter(s) or purchaser(s). (o) Assist with post-closing compliance issues such as private use and tax-exemption issues, audits by regulators or federal agencies, arbitrage compliance, etc. (p) Monitor market conditions to identify refunding opportunities for interest savings. Analyze purported savings in refunding proposals made by other market participants. (q) Provide advice and analysis concerning bond elections, including tax impact calculations, voter information pamphlets, election strategy, and information for media packets, etc. 2. Zions hereby confirms that it is registered as a municipal advisor with the Securities Exchange Commission and Municipal Securities Rulemaking Board (the “MSRB”). Under MSRB Rule G-23, Zions will not serve as underwriter for any bonds to be issued in a financing for which we are acting as the Authority’s Municipal Advisor. Zions will not provide municipal advisory services to the Authority under this Agreement with respect to any commercial banking transaction between the Authority and Zions, including but not limited to bank loans and leases, lines of credit, liquidity facilities, letters of credit, credit cards or other forms of credit enhancement or direct purchases of the Authority’s bonds or leases. 3. The Authority agrees that in consideration for the foregoing services to be performed by Zions, the Authority will do the following: (a) The Authority will cooperate with Zions and will provide all information which is reasonably required to enable Zions to fulfill its duties to the Authority. (b) The Authority will pass such ordinances and resolutions and perform such reasonable acts as may be necessary to assure compliance with all applicable laws, ordinances and constitutional provisions pertaining to the issuance of its securities and other related services. (c) The Authority will furnish Zions with certified copies of all minutes from meetings and proceedings taken, affidavits of publications, etc., in connection with any of the securities issued by the Authority. (d) The Authority will pay Zions for services herein outlined and other services incidental hereto in accordance with Exhibit A of this Agreement. MA Contract 4 ZIONS PUBLIC FINANCE 4. It is understood that the execution of this Agreement secures the services of Zions as the Authority’s Municipal Advisor. Either party may cancel and terminate this Agreement, for any reason, with sixty (60) days’ notice to the other party. 5. The information used in developing forecast assumptions will be derived from published information and other sources that Zions considers appropriate. However, Zions does not assume responsibility for the accuracy of such material. Forecasts are subject to many uncertainties; therefore, Zions does not represent that any projections of growth will be representative of the results that actually will occur. 6. Zions agrees to indemnify, save harmless and defend the Authority from all claims, damages, demands, actions, costs and charges, including attorney’s fees, arising out of or by reason of Zions’ negligent performance hereunder as such negligence may be determined by law. 7. Zions’ services consist solely in providing expert and experienced assistance to municipalities as a municipal advisor and consultant. Zions does not render any legal, accounting or actuarial advice. 8. This Agreement constitutes the entire Agreement between the parties. 9. This Agreement shall be interpreted under the laws of and enforced in the courts of the State of Idaho. MA Contract 5 ZIONS PUBLIC FINANCE IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. CHUBBUCK DEVELOPMENT AUTHORITY BANNOCK COUNTY, IDAHO By ATTEST: [Officer] ZIONS PUBLIC FINANCE, Inc. A wholly-owned subsidiary of ZIONS BANCORPORATION, N.A. By [Officer] MA Contract 6 ZIONS PUBLIC FINANCE Exhibit A FEE Schedule For Services outlined in Section 1(a) through 1(q) of the Agreement Bonds/Certificates of Participation $5.00 per $1,000 par issued Short-Term Notes $10,000 plus $0.50 per $1,000 par issued It is understood that in no case will Zions charge less than $15,000 for municipal advisory services provided in conjunction with the issuance of bonds, certificates, or notes. It is understood that our fee will not be payable unless and until bonds are approved, issue, and sold, and the proceeds are available for your disposition. Expenses incurred for out-of-state travel, printing (for delivery to outside parties such as rating agencies), and related expenses will be invoiced to the Authority at cost, and only with prior approval of the Authority. MA Contract 7 ZIONS PUBLIC FINANCE Exhibit B Zions Public Finance, Inc. Disclosure Statement of Municipal Advisor The Municipal Securities Rulemaking Board (MSRB) adopted Rule G-42 on December 23, 2015. It became effective on June 23, 2016. Section (b) of Rule G-42 requires all Municipal Advisors to disclose to their clients, in writing, any actual or potential material conflicts of interest, including with respect to certain specifically identified categories in Rule G-42, if applicable. Zions Public Finance, Inc. (hereinafter “Zions”) makes the disclosures set forth below with respect to material actual or potential conflicts of interest in connection with our Agreement for Municipal Advisory Services (the “Agreement”) dated ______________ with the Authority, together with an explanation of how Zions addresses, or intends to manage or mitigate each conflict. Conflicts of Interest With respect to each actual or potential conflict disclosed below, Zions mitigates such conflicts through adherence to our fiduciary duty to the Authority, which includes a duty of loyalty in performing all municipal advisory activities for the Authority. This duty of loyalty obligates Zions to deal honestly and with the utmost good faith with the Authority and to act in the Authority’s best interests without regard to Zions’ financial or other interests. Because Zions is part of a much larger banking organization, our profitability is not dependent on maximizing short-term revenues generated from our municipal advisory activities, but instead is dependent on long-term profitability built on a foundation of integrity, quality service, and strict adherence to our fiduciary duty. In connection with the issuance of municipal securities, Zions may receive compensation from the Authority for services rendered which may be contingent upon the successful closing of a transaction, and/or where our compensation may be based in whole or in part on the size of the transaction. In other situations, our compensation may be based upon an hourly rate or rates. In still other situations, our compensation may be based upon an annual retainer or a fixed fee for a given project. Consistent with Rule G-42, Zions hereby discloses that each of these methods of compensation may present a potential conflict of interest regarding our ability to provide unbiased advice to enter into such transaction. For example, fees that are (i) dependent upon the size of and successful closing of a transaction could create an incentive for Zions to recommend unnecessary, oversized, or disadvantageous financings in order to increase our compensation; (ii) based upon an hourly rate could create an incentive for Zions to recommend alternatives that result in greater hours worked; and (iii) based upon an annual retainer or fixed fee could incentivize Zions to recommend less time-consuming alternatives or fail to do a more thorough analysis of alternatives. In each case, Zions represents that the potential conflict of interest relating to compensation will not impair our ability to render unbiased and competent advice or to fulfill our fiduciary duty as described above to the Authority. MA Contract 8 ZIONS PUBLIC FINANCE Also, Zions has numerous municipal advisory relationships with various governmental entities that may from time to time have interests that could have a direct or indirect impact on the Authority’s interests. For example, Zions’ other municipal advisory clients may from time to time, and depending on specific circumstances, have competing interests, such as accessing the new issue market with the most advantageous timing and with limited competition at the time of the offering. In acting in the interests of its various clients, Zions could potentially face a conflict of interest arising from these competing client interests. In addition to serving as municipal advisor to the Authority, Zions may, from time to time, serve as a municipal advisor to a conduit borrower. In such event, the Authority and the conduit borrower may have conflicting interests with regard to fees, terms of the issuance, and other matters. In addition to the general mitigations described above, Zions will mitigate any such potential conflict through full written disclosure to both the conduit borrower and the Authority in a timely manner. As a part of ZIONS BANCORPORATION, N.A., a nationally-chartered banking organization, Zions has many affiliated businesses that have provided, or desire to provide, services to governmental entities, including the Authority. These affiliates include: • Zions Bank Corporate Trust, a division of ZIONS BANCORPORATION, N.A, and an entity related to Zions (“Corporate Trust”), offers corporate trustee and custodial services to municipal issuers and obligated persons. If a client engages in these services, it is done directly with Corporate Trust under a separate engagement. • Zions Capital Advisor Institutional Liquidity Management (“ZCA”), an affiliate and SEC registered investment advisor provides discretionary money management to institutional clients for a fee. If the client engages ZCA for these services, they will be dealing directly with ZCA under their own agreement and disclosures. • Zions Bank Capital Markets, an affiliated bank dealer, provides underwriting and dealer services to institutional clients including municipal issuers. Additionally, the dealer may take positions or underwrite securities for other municipal issuers. • Zions Bank, a division of ZIONS BANCORPORATION, N.A, provides traditional banking services to municipal clients through their branch locations and treasury departments. Any products or services offered are subject to the terms and conditions of the bank agreement for the engagement. Corporate Trust is the only affiliate that may be expected to provide services that are directly related to the Municipal Advisory activities to be provided by Zions within the scope of services under the Agreement. Corporate Trust acts as a Paying Agent, Registrar, Trustee, and Escrow Agent to municipal clients on municipal financings. Corporate Trust’s desire to do business with the Authority could create an incentive for Zions to recommend a course of action that increases the level of the Authority’s business activity with this affiliate. In addition to the general mitigations described above, in the event that Zions makes a recommendation to the Authority that could influence the level of business with Corporate Trust, Zions will consider alternatives to such recommendations which will be disclosed to the Authority along with the potential impact such recommendations and alternatives would have on the Authority and the affiliate. MA Contract 9 ZIONS PUBLIC FINANCE As further described below, Zions Bank, an affiliate of Zions, may from time to time make bank loans to, or purchase leases or securities from, the Authority, which such loans and purchases are expressly excluded from the scope of the Agreement. After reviewing our list of existing client relationships and upcoming transactions, we cannot identify any existing material conflicts of interest that would prevent us from serving the Authority’s best interests. If Zions becomes aware of any additional potential or actual conflicts of interest after this initial disclosure, Zions will proactively disclose the detailed information, in writing, to the Authority in a timely manner. Legal or Disciplinary Events Zions does not have any legal events or disciplinary history on Zions’ Form MA and/or Form MA-I. These forms include information about any criminal actions, regulatory actions, investigations, terminations, judgements, liens, civil judicial actions, customer complaints, arbitrations and civil litigation when they occur. Each of Zions’ most recent Form MA and Form MA-I filed with the SEC may be accessed electronically on the following website: www.sec.gov/edgar/searchedgar/companysearch.html. There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. If any material legal or regulatory action is brought against Zions, Zions will provide complete disclosure to you in detail, allowing you to evaluate Zions, its management and personnel. Contract Exemption for Bank Products and Direct Purchases In our proposed Municipal Advisory Agreement, there is a provision that specifically excludes from the Agreement any commercial banking transactions with, and leases or securities purchased from the Authority. When the Authority determines that it would like one of Zions’ affiliates to directly engage in a commercial banking transaction, or purchase a lease or municipal security from the Authority, and provided that Zions has not previously provided any advice to the Authority regarding such transaction, Zions will deliver to the Authority an additional disclosure document indicating that (a) Zions and its personnel: (i) will not be serving as the Authority’s municipal advisor; (ii) will not owe a fiduciary duty to the Authority pursuant to Section 15B of the Securities Exchange Act of 1934 regarding that transaction; and (iii) will have interests conflicting with the Authority; (b) all Zions (or affiliate) personnel the Authority deals with in such a transaction will be acting and serving as part of the affiliate’s team and not on behalf of the Authority; (c) Zions may bill the Authority for standard fees in connection with such transaction, but will not bill the Authority for any municipal advisory fees since it won’t be performing a municipal advisory function for the Authority with respect thereto; and (d) the Authority may wish to discuss information or material provided in connection with such transaction with an internal or external expert. If Zions has previously provided any advice to you regarding the loan, lease, or security in question, our affiliates will not be allowed to purchase the transaction. MSRB Rule G-42 specifically exempts these transactions that are less than $1 million in par value from the prohibition on advice. Therefore, if the transaction is less than $1 million, Zions is allowed to provide MA Contract 10 ZIONS PUBLIC FINANCE advice on the transaction, even if it is purchased by one of our affiliates. MSRB Rule G-10: Formal Complaints The MSRB adopted a revision of its Rule G-10 in which all Municipal Advisors are now required to provide their clients a notice which provides information regarding the process for filing formal complaints. Zions Public Finance, Inc. is registered as a municipal advisor with the SEC (Securities Exchange Commission) and the MSRB, as required by section 15B of the Securities Exchange Act. The MSRB protects investors, state and local governments and other municipal entities, and the public interest, by regulating municipal securities firms, banks and municipal advisors that engage in municipal securities and advisory activities. Additional information about the protections provided by MSRB Rules as well as procedures to file a formal complaint surrounding any suspected violation or unfair practice by a regulated entity, may be found in the MSRB’s Investor Brochure located at www.msrb.org. Chubbuck Development Authority Payment Approval Report - by GL Page: 1 Report dates: 8/20/2019-8/20/2019 Aug 19, 2019 04:52PM Report Criteria: Invoices with totals above $0 included. Paid and unpaid invoices included. GL Account and Title Segment Fund Vendor Name Invoice Number Description Invoice Date Net Invoice Amount Amount Paid Date Paid DEPARTMENT 400 24-4001-600 PINE RIDGE MALL PINE RIDGE MALL URBA PINE RIDGE MALL JC LL 223558 FY19 URBAN RENEWAL PLAN REIM 08/15/2019 214,804.00 .00 Total DEPARTMENT 400:214,804.00 .00 23-4424-770 CDA COUNTRY ACRES S CHUBBUCK URBAN REN KNIFE RIVER CORPORA COUNTRYAC Country Acres-Pay App #13 07/11/2019 206,784.21 .00 Total :206,784.21 .00 23-4441-771 CDA PATRIOT SQUARE CHUBBUCK URBAN REN PATRIOT COMMERCIAL 223913 Tiff Reimbursement per agreement 07/17/2019 20,416.25 .00 Total :20,416.25 .00 Grand Totals: 442,004.46 .00 Dated: ______________________________________________________ CDA Chair: ______________________________________________________ PW Director: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ City Recorder: ______________________________________________________ City Treasurer: ______________________________________________________