Minutes - 1999 - City Council - 10/14/1999 - SpecialORIGINAL
EAGLE CITY COUNCIL
Special Meeting Minutes
October 14, 1999
1. CALL TO ORDER: Mayor calls the meeting to order at 6:40 p.m.
2. ROLL CALL: Bastian, Merrill, Sedlacek. Present: Guerber. Absent. A quorum is present.
Merrill moves to amend the agenda to add Ordinance 359 declaring the Idaho Statesman as
the official city newspaper under new business item 4B. Seconded by Sedlacek. ALL
AYE...MOTION CARRIES.
3. PUBLIC HEARINGS:
A. Consideration of amendments to Capital Improvement Plan.
Mayor in~xoduces the item.
Susan Buxton, City Attorney, discusses ~he history of this item and what changes have been
made to the Capital Improvement Plan.
Veto Brewer, City Engineer, addresses the Council regarding the revised Capital Improvement
Plan.
Mayor opens the public hearing.
Forrest Goodmm, P.O. Box 199 Boise, ID, representing BCASWI. Feels the misunderstanding
with the Capital Improvement Plan is due to Mr. Hoffman not understanding Idaho Code. States
that his interpretation and that of the City's engineer of the flaws with the CIP are very similar.
Would like the sections regarding pathways excised from the CIP and eliminated from the plan
to eliminate confusion. Feels there is a flaw in the calculation of the park impact fee, similar to
the pathway flaw although not as severe. Goothum disagrees with the total amount of park
deficiency as reflected in the plan states that it should be $1,472,260, an approximate difference
of $250,000 less than what is reflected in the CIP. Also feels that the plan does not accurately
address the issue of tax credits. Mr. Goodrum goes into further detail regarding the issue of tax
credits. Does not believe the language provides a legally accepted approach to handling the tax
credits. Feels a tax credit should be given on the impact fee. Mr. Goodrum also feels a plan of
this type that reaches so far into the future would be hard to defend in court. This Council will
not always be in office, and therefore cannot bind future Council members with the Plan. Notes
that he has provided the Council with an alternative and they have chose to ignore it, as is their
prerogative. Brief discussion between Mr. Goodrum and the Council for clarification on Mr.
Goodrum's testimony. Mr. Goodrum notes for the record that there are a number of BCA
members here and he is speaking on their behalf.
Mayor closes the public hearing.
Susan Buxton addresses comments made during the public hearing. She comments regarding tax
credits and issues which Mr. Goodrum raised. The issue of tax credits is something that could be
further investigated. The Council may wish to table action on the CIP under the credits can be
researched further. Also Buxton states that in regards to completely striking the pathway section
from the CIP, it is one approach which could have been taken, but feels the ordinance is quite
clear with the amendments proposed tonight. Discussion between City Attorney and Council.
Vern Brewer, briefly discusses the CIP.
Merrill moves to instruct the city attorney and engineer to me with BCA council specifically the
methodology and tax credits in the CIP plan and return to Council with those recommendations
on October 26t~Council meeting. Seconded by Bastian. Discussion. Merrill withdraws her
motion.
Bastian moves to continue action on the Development Impact Fee Study/Capital
Improvement Plan until the next regular meeting to give Staff, City Attorney, and City
Engineer time to review the public testimony which was given tonight, with particular
focus on three items: 1. The calculation of deficit. 2. Review tax credit issues. 3.
Consideration of the portions of the Capital Improvement Plan that will be adopted.
Seconded by Merrill. Discussion. ALL AYE...MOTION CARRIES.
City Attorney notes that the Development Impact Fee Committee will be kept informed.
B. Ordinance 358: Amendments to ordinance 345, Development Impact Fee ordinance.
Mayor introduces the item.
Mayor withdraws his closure of the public hearing
Merrill moves to continue both public hearings to the October 26th meeting. Seconded by
Sedlacek. ALL AYE...MOTION CARRIES.
4. NEW BUSINESS
A. Consideration of Ordinance 358:
B. Ordinance 359: Declaring the Idaho Statesman as the official newspaper of the City of Eagle.
Mayor introduces the item.
City Attorney briefly addresses the ordinance.
Merrill moves to 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 # 359 be considered after being read once by title only. Ordinance
# 359 reads An Ordinance Amending Title 1, Chapter 11, Of The Eagle City Code
Designating The Idaho Statesman As The Official Newspaper Of The City Of Eagle..
Seconded by Sedlacek. ALL AYE: MOTION CARRIES.
Merrill moves that Ordinance # 359 be adopted. Seconded by Sedlacek.
Bastian: AYE; Merrill: AYE; Sedlacek: AYE; ALL AYE: MOTION CARRIES
9. ADJOURNMENT:
Merrill moves to adjourn. Seconded by Sedlacek. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 8:00pm.
Respectfully submitted: ¢ ~,. C} ...... -.,~ ~,<
CI~ CLE~AS~R [ '~?~ 7
APPROVED: