City Council Minutes 2004 01 06 - Laserfiche WebLink

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Louisville City Council Meeting January 6, 2004 Page 8 of 12 Duerkson stated other communities utilize different types of incentives to entice retailers, and generally, when rebated, they come from a different fund, such as from sales tax proceeds. Council member Keany addressed the appeal process to the City Manager, and asked if an appeal could be beyond the City Manager or Council. City Attorney Light stated, as currently written, the City Manager's determination is the final administrative action. Further appeal would have to be through a Court action. Council member Keany asked if the impact fee could be waived as an incentive. City Attorney Light stated the services needed must be paid for therefore, the fee could not be waived. He noted with a retailed-based business there could be some type of sales tax revenue sharing. Council member Keany asked if this could be compared to the Water Enterprise Funds, a separate account that could not be used for any other purpose other than what is prescribed. Light confirmed it would be established in a separate fund. COUNCIL COMMENT Mayor Davidson voiced his concern over the issue of a developer not getting credit for off-site improvements and that a refund of the impact fee is required if not used within six years. He voiced his preference for the Council determining what improvements are needed. His concern also centered on the City competing with other municipalities for sales tax generating retail business. Council member Van Pelt asked if the Centennial Valley development had other development fees. Public Works Director Tom Phare stated there was no transportation fees collected on non-residential development. They were required to build and pay for the roads in front of their properties. Council member Van Pelt asked if the fees are tied into the Capital Improvement Plan. She noted every year Council revisits the Capital Improvement Plan. City Manager Simmons explained if the ordinance were adopted, Staff would proceed with a budget amendment, which would establish the Impact Trust Fund. Projects would then be identified, accounts set up and revenues projected for Capital Improvements. Council member Van Pelt stated if the Capital Improvement Plan and the budget are reviewed on an annual basis, there should be some flexibility to make adjustments as the City's needs change. Duerkson stated Council does not have to spend the impact revenue within six years as long as it is encumbered. Council member Brown voiced his support of the ordinance and stated he would like to look at other types of incentive programs.