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HomeMy WebLinkAbout2019-06-18 RegularMeridian City Council June 18, 2019. A Meeting of the Meridian City Council was called to order at 6:13 p.m., Tuesday, June 18, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Also present: Chris Johnson, Bill Nary, Bill Parsons, Kevin Holmes, Kyle Radek, Berle Stokes, Mark Niemeyer, Jeff Lavey and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Sorry we are getting started a few minutes late. But thank you for joining us. For the record It is Tuesday, June 18th. It's 13 minutes after 6:00 or something like that. I can't see the clock. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Chris Stoker of Settlers Park Stake of the Church of Jesus Christ of Latter Day Saints De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Chris Stoker with the Settlers Park Stake of the Church of Jesus Christ of Latter-Day Saints. I would invite you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Stoker: Our Father in Heaven, we are grateful to be able to be gathered here together in this meeting. We are thankful for the freedoms that we have in this area and in our country to be able to govern ourselves and to have safety and peace. We are grateful for those who keep that peace both abroad and here locally. We pray that thy spirit may be here in this meeting to help the leaders of our community as they make decisions and hear from the community things that will affect us and we are grateful for the good people that are moving to this area and pray that our leaders might be able to manage that growth in a good way. We say this in the name of Jesus Christ, Amen. Meridian City Council Meeting Agenda June 25, 2019 – Page 111 of 348 Meridian City Council June 6, 2019 Page 2 of 28 Item 4: Adoption of Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There are some items which will be requested to be continued when we get there. They are not yet changed. So, I move we adopt the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to adapt the agenda as is published. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Announcements De Weerd: Five under announcements. We have Dairy Days or Dairy Days Week coming up. We have plenty of events that run from Wednesday to Saturday. First time ever we have our parade on Saturday. It starts at 6:00 p.m. and so I invite you all to join us in the community parade. Playing in the Plaza. Spark Light Movie Night. I am going to get used to that. And Main Street Market is on Thursday, Friday and Saturday. Playing in the Plaza. Hopefully you were able to enjoy that this last Thursday. It was kicked off. So, that will be playing every Thursday. Friday is the movie night and Saturday Main Street Market. Current opening on the Arts Commission and applications are due on June 28th. So, if you know someone, please, have them apply and we are accepting applicants for Meridian City 101 classes. That's in July. You can check out our city newsletter for that. Anything further under announcements? Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. Mr. Clerk, any signups under Item 6? Johnson: Madam Mayor, there are no sign-ins on that item. Item 7: Action Items A. Resolution No. 19-2149: A Resolution Appointing Kit Fitzgerald to Seat 7 of the Meridian Development Corporation De Weerd: Okay. So, we will move right into Item 7. 7-A is Resolution 19-2149 and this is the resolution appointing Kip Fitzgerald to Seat 7 of the Meridian Development Corporation and I would stand for any questions. Meridian City Council Meeting Agenda June 25, 2019 – Page 112 of 348 Meridian City Council June 6, 2019 Page 3 of 28 Bernt: No questions. Comment, Madam Mayor. De Weerd: Okay. Mr. Bernt. Bernt: Kit is highly qualified and she's going to be a great addition to MDC. She's been there before, so I think it is a great -- great pick for that -- for that appointment. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If nobody else has any other comments, I'm happy to make a motion. But I will echo Council Member Bird's comment. I had the great pleasure of serving with Kit on MDC. She's sharp. She's smart. Cares about downtown and our community. Great to have her back. So, with that I move we approve Resolution No. 19-2149. Bernt: Second. De Weerd: I have a motion and a second to approve Item Resolution 19-2149. Mr. Clerk, will you, please, call roll. yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 19- 2150: A Resolution Appointing Donna Lusignan to the Historic Preservation Commission De Weerd: Resolution 19-2150 is a resolution appointing Donna -- boy, I did have to say her last name, so -- earlier and I don't have my glasses on. Is she here? This is to the Historic Preservation Commission. I -- we interviewed Donna for the MDC commission and she loves our downtown, she loves the old buildings and at that point asked her if she would be interested in the Historical Preservation Commission, which she was, and I bring her name for appointment to serve on the HPC. I would stand for any questions. If not, I would entertain a motion. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Meeting Agenda June 25, 2019 – Page 113 of 348 Meridian City Council June 6, 2019 Page 4 of 28 Bernt: I move that we approve Resolution No. 19-2150, a resolution appointing Donna Lusignan to the Historic Preservation Commission. I apologize, Donna, if I messed up on your last name. I apologize. Little Roberts: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-B. Mr. Clerk, will you call roll. yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Resolution No. 19-2151: A Resolution Appointing Jennifer Bobo to the Meridian Parks and Recreation Commission De Weerd: Again I would ask is Donna here? I forgot my glasses at home, so I can't see any of the faces out there. I do know that Jennifer is here, so -- Item 7-C is Resolution 19-2151. This is a resolution appointing Jennifer Bobo to the Meridian Parks and Recreation Commission and Jennifer brings a background in recreation programs and a real passion that she wants to add to our community and is ready to roll up their sleeves and -- and be a part -- active participant. I would stand for any questions. Bernt: No questions. Milam: Madam Mayor? De Weerd: Mr. Milam. Milam: I move that we approve Item 7-C, Resolution No. 19-2151 appointing Jennifer BoBo to the Meridian Parks and Recreation Commission. Cavener: Second. De Weerd: I have a motion and a second to approve 7-C. Mr. Clerk, will you call roll. Roll yea. De Weerd: All ayes. Motion carried. Meridian City Council Meeting Agenda June 25, 2019 – Page 114 of 348 Meridian City Council June 6, 2019 Page 5 of 28 MOTION CARRIED: ALL AYES. De Weerd: Thank you, Chris. And, Jennifer, I would love to -- to have you come up to the podium and introduce yourself and put a face with the name. Bobo: Thank you, Madam Mayor. I'm excited to join the committee. I'm excited to see all the different things that I can do to help. I enjoy the recreation activities here in Meridian. I have participated in quite a few of them, as many as my schedule will allow. So, I'm excited to actually give back and participate in the planning of the -- the different recreation opportunities in the parks and the bike trails and all the things that -- that I enjoy. Is there any other questions? De Weerd: No, but thank you and -- and one of the things that, as you know, the chair of each of the commissions joined me during the interviews and when I was talking to Jessica about what they really needed on the commission, she wanted a commissioner that participated in the events and that -- and that, of course, is one of the first things that Jennifer mentioned is she loves going to the events. She talked about a number of them and instantly it was just like, well, there you go, Jessica. So, we appreciate your interest and we look forward to working with you. Bobo: Great. Thank you. D. Public Hearing for Twisted Creek Street Vacation (H-2019-0059) by Kent Brown Planning Services, Located at the intersection of N. Black Cat Rd. and W. Twisted Creek St. 1. Request: Vacation of approximately 0.19 acres of the existing public right of way of W. Twisted Creek St. De Weerd: Thank you. Thank you for being here. Item 7-D is a public hearing for H- 2019-0059. Before I open this public hearing -- for anyone that is new here this evening, our process for our public hearings is that we open it to the public hearing with staff comments as they discuss the application, then, the applicant comes forward and has a chance to talk about their application and share any information with Council that's pertinent to -- to their proposal at that point and they have 15 minutes. We open to the public comments, which is three minutes each. There is a timer on the podium screen, so you can kind of keep track of what time you have allotted. After the public's comments Council will ask questions of staff, the applicant, and -- and perhaps follow up for any of those that testified that they may want further information from. I would note that they -- there is a public record on all of these applications that Council have had a chance in advance to review and use that in how they determine the outcome. With that I will ask for staff comments as I open the public hearing for 7-D. Holmes: Thank you, Madam Mayor, Council Members. This item before you is the West Twisted Creek Street vacation application. The site is located at the intersection of North Black Cat Road and West Twisted Creek Street between Chinden and McMillan in the R- Meridian City Council Meeting Agenda June 25, 2019 – Page 115 of 348 Meridian City Council June 6, 2019 Page 6 of 28 8 zoning district. The applicant requests an approval to vacate approximately .19 acres of the existing public right of way, West Twisted Creek Street, dedicated with Jump Creek Subdivision No. 1. The recorded development agreement approved this roadway as a temporary access until the collector roadway to the north, North Gondola Drive here, was constructed. This roadway is currently under construction and once completed and accepted by ACHD the temporary access is to be closed and the area converted to a common lot with a pedestrian connection. So, to convert this area to a common lot, as originally intended, staff is recommending that the applicant process a property boundary adjustment application to combine the vacated right of way with one of the adjacent common lots to the north and south. Further, the applicant must submit a landscape plan modification application, so that staff can review the landscaping and make sure it meets code. City water and sewer mains are in place -- are in place in the existing right of way and this application proposes to keep them there. The applicant will be responsible for executing an easement document for these utilities and providing the required access, as well as coordinating with the Public Works Department on any street light issues. Since this vacation request is consistent with previous approvals and the recorded development agreement staff does recommend approval with the conditions listed in the staff report. And with that staff will stand for any questions. De Weerd: Council, any question? The applicant is making his way forward. Thank you for joining us. If you will, please, state your name and address for the record. Brown: For the record Kent Brown. 3161 East Springwood, Meridian, Idaho. In the -- in the original approval this was supposed to be a temporary access and even when we did phase one the condition was there that it was supposed to be a temporary access. The highway district just recently started accepting those and this was probably one of the very first ones that this happened on and so our engineer and staff from the city and the highway district didn't catch, if you will, that provision and since then I have done a number of these on other roadways and they were platted as common area lots with an access easement and utilities, you know, went through. So, in phase one when this went in we really needed two access points and that's the reason that the highway district was willing to have this be a temporary access point. We, with the final plat for phase three, approached the highway district about, well, why do we have to go through this vacation, how about we just do a license agreement, you guys still own it and there isn't a requirement that it become a common area lot, it really hasn't ever had that -- that condition, there is just that we don't have that access point. But they didn't want to add that on their inventory if they weren't doing something with it and so with that being said we are going through the process with the highway district to get -- get back the property that we gave them before. They are actually asking that I showed them an exhibit up on -- where Gondola comes in up there that the public knows that they are not losing anything by giving this back to us, even though technically in their code we gave it to them in the first place, they -- they don't have to do that, but that's -- that's what they are doing and I think you all understand why the highway district and why, as a general rule, we don't want a lot of access points on these major roads. It's to make traffic and allow traffic to move more freely on those roadways. I mean there is a possibility with the BridgeTower development that's on the other side of the road, that that might even be signaled in the Meridian City Council Meeting Agenda June 25, 2019 – Page 116 of 348 Meridian City Council June 6, 2019 Page 7 of 28 future. Phase three is just above where the portion that you can see that it's finished currently and it just -- it's not a straight connection, but it connects in and comes -- and so we are in the process of -- as staff said building that. The difficulty that -- that I have is that the property line adjustment doesn't -- doesn't make it a common area lot, it makes it a parcel. The concern in speaking with staff is that we recognize that it's common area. Well, common area can be in many forms. It doesn't have to be a lot. The only people that are allowed to accept this right of way is the HOA that has -- that owns one or -- owns both of the common areas on either side. Those are the only people that the property can be given back to is the adjacent property owner. That's, again, a state law provision. We would suggest that instead of doing the -- the record of survey, that we just do a deed restriction on it, that we recognize -- it's an agreement that we recognize that this is common area and that it forever is going to be common area. It would be almost impossible to build anything, because there is water and sewer and utilities going through there. It's very unlikely we are -- we are talking about, you know, such a minute piece that really could have anything built on it. It's going to the HOA. We would prefer to do a deed restriction on that, provide you a copy of that, with the understanding that the HOA is going to maintain it, you're going to see a landscape plan, your staff is, so you're going to have that as an example and, then, us provide you with the deed restriction on it. To me that makes a lot more sense. It accomplishes what you're trying to do. By doing a record of survey it isn't making it a common area lot when you attach it to a common area lot. So, making us do that process you're not getting your value. It's not -- it's not accomplishing what I think you want to have happen. So, that's -- that's where we are at. Other than that we are agreeable with everything else and I will stand for any questions you might have. De Weerd: Thank you, Kent. Council, any questions? Brown: Thank you. De Weerd: Thank you. Mr. Clerk. Johnson: Madam Mayor, there are no sign-ins for this topic. De Weerd: Okay. Thank you. Is there anyone who wishes to provide testimony on this item? Council, seeing no public testimony, any questions for staff or the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Question for staff. Maybe to put a fine point on the specific condition of approval that staff proposes that the applicant suggests should be altered. I'm looking at the -- there is really only a couple of them. It does not sound like this is -- got you on the same page. Holmes: Council Member Borton, the property boundary adjustment is kind of the process we have to track what is -- what is going to happen with this area, this existing Meridian City Council Meeting Agenda June 25, 2019 – Page 117 of 348 Meridian City Council June 6, 2019 Page 8 of 28 right of way. Staff would be open to looking at a deed restriction document submitted with the final plat modification application as the applicant suggests and doing it that way as well and seeing if it meets the same goals that we would be looking for with a property boundary adjustment. Borton: Madam Mayor? Is there anything about a future maintenance and responsibility and control of that lot that would exist under your proposed boundary adjustment that wouldn't be addressed with what Kent is proposing? If it's not a -- if it's not a common lot -- Parsons: Yeah. Madam Mayor, Members of the Council, Councilman Borton, I think through that deed restriction I think Kent can put those parameters as to how that is to be maintained and what the purpose of that lot is and that's -- and Kent and I talked about it. So, technically, if you really want the applicant to convert this to a common lot, they would need to do a final plat modification, obtain the property from ACHD and, then, go through another public meeting process to convert that. We were trying to simplify the process and go through that property boundary adjustment. We felt if that was tied to a common lot, in essence, we would have record of that record of survey and, then, we could see that and have the landscape plan modification showing that being improved as a common lot and being owned and maintained. So, at this point, as I mentioned to Kent, if they are able to capture that in their deed restriction and they are able to acquire that property and show that as part of their landscape plan modification, then, we can at least scan that in with the application with the landscape plan modification and show that record -- at least the public and future staff members will have that record as to how that lot was to be maintained and owned. I think that's really where it came down to Kevin and I's decision of really how do we want to make -- memorialize that this is meant to be a de facto common lot, even though we don't really -- aren't really making it a common lot. So, I think as Kevin mentioned to you, we are going to have to create easements across that, which, in essence, negates it as a building lot, because you can't build over sewer and water easements. But hopefully -- I think Kent has a lot of experience with it based on the conversations that we have had and we feel confident we can move forward as suggested by the applicant with the deed restriction, if the Council feels comfortable with that as well. Borton: Madam Mayor, just one final -- De Weerd: Mr. Borton. Borton: -- question. Maybe this is a question for Kent. In fact, I will make it a question for you. You're going to come up and close out anyway. Brown: Yeah. Borton: So, we will get you up here. I have not seen this before, so what's the snapshot of -- it's not a common -- an HOA owned lot. Meridian City Council Meeting Agenda June 25, 2019 – Page 118 of 348 Meridian City Council June 6, 2019 Page 9 of 28 Brown: It's a parcel that's owned by the HOA. Borton: Oh, it is? Brown: Yeah. Borton: Okay. So, they would be taking responsibility for maintaining that landscape in the future or what? Brown: What -- I guess doing what staff is asking is actually easier for me than doing the deed restriction, but trying to do what -- what they want to have happen and protect the city, if that's what we are trying to do, that this is taking care of, the deed restriction does that in a better format. When -- when you see records a survey, for example, and you got two buildable lots and they built the house in the wrong spot and they adjust them, those are no longer lots, they are parcels. The lots have gone away, because what realistically your parcel line adjustment procedure is an acceptable means of subdividing. You're taking this sliver off and attaching it here and since the city has recognized that this is a subdivision process that doesn't have to go through a plat and us owning three parcels there -- or three -- two lots and a parcel is -- you know, realistically all the record of survey you would do for you is all the -- instead of owning two lots and a parcel, now I would own two par -- one parcel and a lot that's adjacent in that area and it doesn't -- it doesn't change the use of them or protect them and Bill could tell me I'm all wet, but I feel very confident in what we are doing. The city of Boise actually, when we do -- they allow us to split pieces of property up to four times and they -- they do a notice of buildable parcel and what it is it's signed by the landowner and by the city and it's an agreement that we have done this, we did this record of survey and we are recognizing it that way. I mean we could do something similar as a notice of a vacation or a notice of -- of common maintenance and ask the Mayor to sign it and -- or staff -- ask Cameron to sign it. I don't know if Cameron signs a lot, but have Cameron sign it and my client and we record it and, then, it's -- then it's memorialized -- is that the right word, Bill? That we are planning on taking care of it as a common area. But a deed restriction will do the same thing. Thank you. De Weerd: Any other questions for Kent? Okay. If there is no further questions, I would entertain a motion to close the public hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we close the public hearing on H-2019-0059. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Meridian City Council Meeting Agenda June 25, 2019 – Page 119 of 348 Meridian City Council June 6, 2019 Page 10 of 28 MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve H-2019-0059, inclusive of staff and the applicant's comments allowing the deed restriction solution to be incorporated as a condition of approval in lieu of the boundary -- the property boundary adjustment in the staff report. Little Roberts: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Bernt: No, ma'am. De Weerd: Mr. Clerk, will you call roll. yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. E. Public Hearing Continued from April 16, 2019 for Oaks North and South (H-2018-0117) by Toll ID I LLC, Located on the North and South side of McMillan Rd. between N. McDermott and N. Black Cat Rds. 1. Request: A Development Agreement Modification to modify the overall boundary of Oaks North and Oaks South development and update the zoning district boundaries, the concept plan and modify/remove certain provisions of the agreement that are no longer relevant to the project F. Public Hearing Continued from April 16, 2019 for Oakmore Subdivision (H-2018-0118) by Toll ID I LLC, Located near the intersection of W. Gondola Dr. and N. Black Cat Rd. 1. Request: Rezone of 7.39 acres of land in the R-15 zoning district to the R- 2. Request: Preliminary Plat consisting of eighteen single family residential lots on approximately 7.29 acres in a proposed R-4 zoning district Meridian City Council Meeting Agenda June 25, 2019 – Page 120 of 348 Meridian City Council June 6, 2019 Page 11 of 28 De Weerd: Items 7-E and F, the applicant has requested a continuance to July 16th. The applicant did fail to post the site and pay the renoticing fee and is, therefore, requesting the continuance to the July 16th hearing. Bill, do you have any other comments on this? Parsons: Madam Mayor, Members of Council, I do not at this time. As you can see they didn't post the site, so we can't really move forward on this particular application. I would share with Council that from discussions with the applicant -- and I know we have another request -- another application on this agenda, Item 7-G, but the applicant's asked to withdraw that one, but they are all interrelated and it sounds like they have a different vision that they want to allow staff -- one, they have to pay the renoticing fee in order -- pay us the money -- show us the money, right, so that we will get that notice and get that out to their neighbors in the surrounding area. But, two, we need -- staff needs more time because of the item -- the withdraw of 7-G, we need more time to modify the MDA staff report for you as you take that under advisement, because that will reflect some of the changes that we have as part of our recommendation of the DA modification. So, that just buys staff some time to update the staff report with that piece of the puzzle being removed from the development agreement modification and allows you to act on those two applications in a month or so. Cavener: Madam Mayor? De Weerd: Okay. So, this was already continued from April and does July 16th give you enough time -- Parsons: Yeah. De Weerd: -- to do the review you need to? Parsons: Yeah. Mayor, Members of the Council, that would give us adequate time to go through in strike-out underline format that staff report once you act on the next item. De Weerd: Okay. Thank you. Mr. Cavener. Cavener: Madam Mayor, no questions. You addressed my -- I just wanted to make sure that the requested time from the applicant met the needs of staff. It sounds like it does. We are good. I'm good. De Weerd: Okay. Council, I would need to have a motion to continue both items E and F. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we continue Item 7-E, H-2018-0117 to July 16th, 2019. Meridian City Council Meeting Agenda June 25, 2019 – Page 121 of 348 Meridian City Council June 6, 2019 Page 12 of 28 Milam: Second. De Weerd: I have a motion and a second to continue the public hearing on Item 7-E to July 16th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do we have motion for Item 7-F? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we continue Item 7-F, H-2018-0118, to July 16th of 2019. Milam: Second. De Weerd: I have a motion and a second to continue Item 7-F to July 16th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. G. (Application Withdrawn) Oakwind Subdivision (H-2018-0119) by Toll ID ILLC, Located near the intersection of N. McDermott and McMillan Rds. 1. Request: Rezone of 16.52 acres of land from the R-15 and R-4 zoning districts to the R- 2. Request: Preliminary Plat consisting of 82 single family residential lots and 7 common lots on approximately 16.52 acres of land in a proposed R-8 zoning district De Weerd: Item G. This is the noted application that has been requested to withdraw and we would need the City Council to acknowledge the withdrawal to close out the record. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that the City Council accepts the withdraw of the application for H-2018- 0119. Milam: Second. Meridian City Council Meeting Agenda June 25, 2019 – Page 122 of 348 Meridian City Council June 6, 2019 Page 13 of 28 De Weerd: Okay. I have a motion and a second to approve the request from the applicant to withdraw Item H-2018-0119. Mr. Clerk, will you call roll. yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Impact Fee Public Hearing - Combined Hearing on Proposed I. Amendments to the Impact Fee Capital Improvements Plan and Proposed Amendments to the Development Impact Fees for Police, Fire, and Parks De Weerd: Item 7-H is a public hearing for the impact fee and who is going to introduce -- Mr. Lavoie. This was continued. There has been a couple of questions that have been asked since then. Lavoie: Madam Mayor, Members of the Council, appreciate the time tonight. The Impact Fee Advisory Committee, we do not have any additional information to provide you above and beyond what has been provided to you via the consulting company Raftelis Consulting, who provided the impact fee study report to you in May and also presented to you that study in the month of May and, then, last month we presented -- or, actually, this month we presented the public hearing from the Impact Fee Advisory Committee. So, at this time we have no additional information that has not been presented to you from the Impact Fee Advisory Committee. We are here to answer any questions for you that have not been answered to date, but, again, we are here for the public hearing to answer any questions that you may have and we stand at the ready for you. De Weerd: Thank you, Todd. Council, do you have any questions at this point? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. And, Todd, since it seems like we have had some citizens that have asked the question regarding waiting until the Comprehensive Plan is complete, is that something that the committee discussed? Lavoie: Madam Mayor, Council Member Little Roberts, the comprehensive financial plan -- apologize. The comprehensive -- that's ours. The comp plan -- and now I will go ahead and throw in there the land use study and the budget process. We do not take those into consideration, because those -- the budget is a 12 month fiscal period only. The impact fee is a ten year period. The comp plan we don't take into consideration, because that represents I think more than ten years and so we take the historical data, the data that Meridian City Council Meeting Agenda June 25, 2019 – Page 123 of 348 Meridian City Council June 6, 2019 Page 14 of 28 we have available at our fingertips that shows us these -- the actual data that's occurring in the city and we use that -- or our consultant use the historical data to derive and develop the impact fee study as it was delivered to you in the month of April and May. So, we don't take those into consideration. The -- the comp plan changes year to year, month to month, if you have a change, so we don't use that to drive our impact fee study, we use population estimates from census, COMPASS, and our growth committee and, then, we use that data to make sure that we are calculating the growth projections based on population and, then, derive the impact fee study based on that. So, those three we don't believe impact the way we develop an impact fee study. We are able to present and develop an impact fee study every year. That is up to us. We do analyze the data every year to make sure that we are meeting the financial needs for the city. So, we will adjust it accordingly. Right now we are on a five year schedule. We could move it up to a four, three, two or one year schedule. But we do analyze it based on the actual data that's coming in every year and we make a decision to propose to you based on that. Little Roberts: All right. Thank you. De Weerd: Mr. Bernt. Bernt: Madam Mayor. Mr. Lavoie, thank you. It was a pleasure to have you in our presence. Got a question for you. So, what you're saying in -- in a year if you find that this needs to be amended somehow, that that would be a possibility. Lavoie: Madam Mayor, Mr. Bernt, the answer is yes. We as a committee meet every quarter. We present to them their quarterly results and based on that information we will always analyze the data and determine whether or not we need to move the five year schedule up or keep it at the five year schedule. So, we talk about this at our quarterly meetings. Bernt: Okay. Good enough. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Lavoie, the Council in the past 36 hours we received a significant amount of requests from our citizens to hold off rendering a decision until the comp plan and the budget is complete. I appreciate the requests coming in from -- from our residents. From a process standpoint is that doable? If -- if that was a decision the Council wanted to -- to support, would you have enough time after that process is complete to be able to hit your October 1 time? Lavoie: Madam Mayor, Councilman Cavener, it all depends when the land use report is done and the comp plan. If it's finished in a timely manner I guess we would need a couple months to develop the changes within our system. Meridian City Council Meeting Agenda June 25, 2019 – Page 124 of 348 Meridian City Council June 6, 2019 Page 15 of 28 Cavener: Okay. Lavoie: This is changing the way we bill, the way we charge as compared to the current system, so we do need some messaging time to communicate to our building community and we also need some time to develop the changes in house. So, all depends when your comp plan is done. Cavener: And, Madam Mayor -- and to the benefit of Council, that's not just something I'm -- I'm saying we need to get -- I just -- I think it's important that when we get a request from our citizens to at least hear from the people who will be charged with implementing it, even if that's you. De Weerd: And I -- and I really think that Todd tried to address that -- that it would not have an influence on the -- the population data and demographics that went into the research on developing that impact fee either. So, it's unrelated. Mr. Bernt. Bernt: Madam Mayor, thank you. Just to clarify, I believe this comp plan won't be ratified until well after October, if I'm not mistaken. So, it would not meet the October 1 deadline for sure. Just to state that. De Weerd: Todd, can you tell me why the committee -- I know there has been concern that this needs to be updated and the new impact fees assessed. Why -- why is there an October begin date? Lavoie: Madam Mayor, we picked on October 1 due date to allow us to message correctly and allow us to make sure we program our internal systems to meet the new charging structure. We are changing the way we apply the rates. Right now we have a residential and multi-family. We are now moving to a four tiered system which was presented to you by Raftelis. So, we need to do some computer programming, but we want to make sure we have the time to communicate that to our building community that these other changes, along with the commercial -- commercial is going from a one to a two tier system, so we feel that we want to be able to communicate with the building community and internally to make sure we have all the processes, all of our policies updated, to meet the new code -- code or ordinance that you -- that we approve if it gets approved. De Weerd: Thank you. Any other questions for Todd. Thank you, Todd. Lavoie: Thank you. De Weerd: Okay. Mr. Clerk, will you let us know who signed up to testify. Johnson: Yes. Thank you, Madam Mayor. First while you were in Executive Session we did receive an e-mail from Sally Reynolds with the list of people that had signed a petition, that you received individually, so I have loaded that in your packet for you to access if you would like. Also there are eight people signed in this evening for the hearing. Two wish to testify and the first is Sally Reynolds. Meridian City Council Meeting Agenda June 25, 2019 – Page 125 of 348 Meridian City Council June 6, 2019 Page 16 of 28 De Weerd: Okay. Thank you. Good evening, Sally. If you will, please, state your name and address for the record. Reynolds: Good evening, Madam Mayor. My name is Sally Reynolds. I reside at 1166 West Bacall Street in Meridian, Idaho, and I very much appreciate the clarification as to why those two items do not play a role in the process of the impact fees. I mean as a resident I -- I think that they should, but they don't. So, I won't sit here and argue that point with you. I am on the Meridian steering committee comp plan right now and it is my understanding that in the future land use now there are currently 162 land use changes. Now, if that -- how and if that impacts the population and what their trends are, that -- that's not my job, I'm not an expert, but I would be very curious as to how those future land use changes may, in fact, influence the population and I think it would very -- be very helpful for the consultant to take a look at the FLUM, even if it is the first draft that we have, even if it's not the final draft, but to get those 162 land use changes. Furthermore, I -- the one part of the ordinance it does say in Appendix A the city's adopted future land use map indicates land uses, density and intensity of development as required by Idaho Code. The surface area is defined as all land within the city limits in Meridian as modified by time. So, as I understand it, the future land use map does have an impact on how the city develops and so I think that it should be in there. The other point that I will make is - - as far as the four tier system goes, while I appreciate that we are really trying to allocate the dollars and the impact fees for what the size of the dwellings are, that seems really broken down and a lot more complicated. It sounds like they are going to have to do a lot more programming for that and as BCA has stood here and testified, the size of the houses, square footage, are going down and the demand for that is being driven by millennials and by the aging population and people who don't want to take care of yards and want smaller homes and while that's -- that's great and that's where things are going, we are not going to have those impact fees for those two bottom tiers are actually being decreased. So, we are not going to be getting any revenue as a city to fund the public capital gains that we have, because it will actually be decreasing and with the amount of multi-family and the amount of smaller R-15, R-40 that's been approved over the last year, I can see that trend being a real problem when it comes time to try and fund these capital improvements. Thank you. De Weerd: Sally, I guess I -- did you read the impact study itself and why they went to this -- this model that they are recommending? The premise is our -- our service levels are dependent on population base and the smaller units generally bear a smaller number of people that reside in them and so that -- that is why they went that direction and so I just wanted to make sure that that was noted. Reynolds: Okay. Thanks. And I did note that as far as the square footage with the number of bedrooms times the amount of people, the multipliers and all of that, and so I understood how that worked. I guess the question was three bedrooms and below accounted for something like almost 70 percent of all of the dwellings and so it would seem to make more sense to me to go ahead and so we have two tiers, the ones that are three bedrooms and below and, then, those that are above, although I mean I -- but I see they are trying to get down to -- to detail. But yes. Meridian City Council Meeting Agenda June 25, 2019 – Page 126 of 348 Meridian City Council June 6, 2019 Page 17 of 28 De Weerd: Okay. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sally, a question for you. I assume -- I know you pretty well. You're great at organizing and you get people to be very passionate about issues affecting our community and I applaud you for that. So, I'm going to make an assumption that you helped kind of coordinate to have some people reach out to us, which I also appreciate. Based on what you have heard tonight from -- from staff and at least maybe some encouragement from Council to review this maybe on a more frequent basis than we have in the past, do you feel that addresses some of the concerns that you and your fellow neighbors were voicing in -- in the letter that you sent us? Reynolds: I think that it -- it certainly does -- sorry, Madam Mayor and Council Member -- De Weerd: That's all right. Reynolds: -- Cavener. I certainly do believe that it answers why this Comprehensive Plan and the FLUM aren't included in the process and I will go ahead and communicate that to the public. I think overall there is a feeling of, you know, why -- why haven't fees been changed in the last five years. There is not an understanding of the state code. And I think it would even help to know that they are monitoring it every single quarter, because this is something that the residents are concerned about. So, I am happy to disseminate any information that you have and if the Mayor's office and the communication would like to let us know a little bit more about the process -- I mean there are some residents that don't even understand that it's just capital improvements. So, they hear it and they think we need more infrastructure and it's not all the way across the board. So, there is definitely some education that needs to be done and I'm happy to help with that. De Weerd: And it might be worth noted -- noting that the Impact Fee Committee did come to Council a couple years ago and recommended increasing the fees and so they do monitor it and -- and as Todd mentioned it's on a quarterly basis that we can definitely keep in touch with how many permits are coming in, what the sizes are, and if we feel that we are collecting at the level we need to. Reynolds: Thank you so much, Mayor and Council. Johnson: Madam Mayor, the other sign-in was Christine Herwy. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Herwy: Christine Herwy. I live at 2373 East Taconic Drive in Meridian, Idaho. 83642. Meridian City Council Meeting Agenda June 25, 2019 – Page 127 of 348 Meridian City Council June 6, 2019 Page 18 of 28 De Weerd: Thank you. Herwy: I am -- I do live in Black Rock. I am -- I'm here on behalf of the Southern Rim Coalition. Our typical speaker is out of town and so I'm helping along with that. I probably don't have a lot to add, but I do want to say that we are seeing -- and we have heard over the last several years when we come to Council meetings, we have lots of developers up here indicating that they are looking to build smaller lots, smaller houses. We are definitely seeing that all around us, enough though we are advocating for larger. So, we are concerned that the -- the -- the numbers that they use for the 2014 and 2018 data sets for the proposed ordinance and the projections, we are concerned that those are -- in our feeling not adequate. We have seen in Meridian -- especially if you have any kids in the schools, we have seen a boom that just seems like it will not stop and we are concerned that the proposal for the impact fee schedule, as Sally has indicated, the bulk of these are going to be smaller houses we feel and that is where the biggest cut has been and so we are concerned that that is not going to, long term, be able to adequately -- what's the word I'm looking for -- fund city operations. We are already having troubles with the -- with our growth. We are already having troubles with schools and we end up building past the roads for kids and families to be on and so we are concerned that the - - the calculations seem to be based on the 25 -- 2,501 square foot to 3,200 square foot, where we are feeling like we are going to be seeing quite a few more smaller dwellings and that is where the biggest increase. We also have seen that the impact fees for builders during the boom were not adequately realized. So, the fee that we thought that they were going to be paying, they weren't paying the full fee and so what we are wondering is -- and the gentleman that was speaking before saying that we can -- we can look at these in a year and we could tweak them if need be, those are my words, but we are concerned that -- would that be done? And how often would that be done? It just doesn't seem -- you know, I did read the report and it's very detailed for every kind of service that would possibly need some kind of attention. You know, we are also feeling like many of you have heard that maybe the cart is before the horse and it would be great if we could wait until the comp plan was done and the budget were passed, so we could look at what that means and, then, we could look at the impact fees, but we are not quite sure why there might be such a rush and if we could wait, that's what we would ask for. De Weerd: Thank you, Christine. We appreciate you being here. I'm thrilled that we have citizens that care about our impact fees. For years we haven't had very many people even weigh in or feel that they had a voice in the impact fees and our impact fee committee certainly meets quarterly and you can definitely sit in and listen to the discussion. Impact fees are not easy to calculate and understand and that is why we have a consultant that helps us pull all the information together to make sure we follow the state code and that we are thoughtful in the method that we choose to -- to bring forth for Council's consideration. Mr. Clerk, any further signups? Johnson: Madam Mayor, of the eight that signed in, those are the only two that indicated they wished to testify. De Weerd: Okay. This is a public hearing. I see Denise coming forward. Meridian City Council Meeting Agenda June 25, 2019 – Page 128 of 348 Meridian City Council June 6, 2019 Page 19 of 28 LaFever: Good evening, Mayor Tammy and Council. De Weerd: Good evening. LaFever: Denise Hanson-LaFever -- or Denise LaFever. 6706 North Salvia Way. I'm going to restrict what I'm going to talk about just to what we ended with last time. So, the concern that I have is at the last meeting we talked about dwelling units not being incorporated in the impact fee ordinances as discussed at the last meeting. We talked about incorporating it. I reviewed the ordinance that's on file and I don't see where it's Incorporated. I do see climate control floor area. If I was a developer I probably would hire a lawyer and say the whole entire building is climate controlled, therefore, I want to have it done at a cap and not, you know, unit -- dwelling unit. But I just don't see where it's incorporated and that really concerns me. So, can we put up the big one first, Bill or Chris? Yeah. What I did is I went to your building permits that are on file and I just -- first page on that one. I'm not sure how to get to it. So, I went to the building permit files and I went back through and inserted actually three columns. I figured out the average square footage for new homes in yellow. I figured out right here that we have the units of square footage for multi-family and the buildings per square footage and, then, I applied the rates to those. You can't see the column for that. Is there a way to move it. Okay. It's actually two pages. Johnson: I can bring it up over here if you have it with you still. LaFever: That's okay. Just move to the other one. So, what I did is this whole entire sheet of the building permit is in a lot of detail and so all I did was -- to make it easier to talk about, I lifted the totals off of those -- off of that sheet and placed them on a separate sheet that's easier to view and what this -- what I'm looking at here is this is by fiscal year, because that's how building permits are done is by fiscal year, and what I did is I did that simple calculation of average square foot for new homes and I can see by the building permits that they are -- they are trending down and what I'm seeing over here with the multi-families -- I took -- if we were just looking at the structure of the multi-family and I apply the cap rate of 3,433 dollars, I come up with this year alone, which is only through April 30th, of 195,681 dollars and, then, if I go back and I look at it and say, hey, the minimum that we are going to look at by unit is 1,000 square feet and we are going to apply that rate, you can see that the number increases to 560,000 dollars. That's a big difference in calculations and if you apply that to the year before, the difference between looking at a multi-family structure, opposed to a door, those are some big numbers. It's a big calculation. So, I'm very very concerned about the calculation. I'm also concerned about doing the allocation recovery calculation based on 2,501 through 3,200 as the allocation recovery basis, because I don't feel that's the way we are trending. Then that brings me to the questions which Todd can answer is how do you incorporate multi-family into the calculation? Do you calculate it as a whole building? That trends the number up. Do you calculate it one door at a time or one dwelling unit at a time? That drives the number down. So, either way up, down, what -- either way you look at, I don't feel that the allocation method is fair. But -- Meridian City Council Meeting Agenda June 25, 2019 – Page 129 of 348 Meridian City Council June 6, 2019 Page 20 of 28 De Weerd: Denise, you need to -- LaFever: I'm going to close. That's what I'm doing right now. Bernt: I just had a question for you. What would be your continued opinion in -- LaFever: I think we need to take a serious look at the allocation recovery and we need to take a serious look at multi-family and I would break them out and, then, I would go back and look at does it make sense to have one simple rate or do you tier the rates, but I would definitely treat multi-family and -- and the new houses separately. But I would -- I would go take one more run around it and run some numbers and do some calculations and grind on the recovery, what happens if -- if we get the answer wrong, what does that do to my recovery. I don't want to see the shift go to the -- to the tax burden to the residents. I want to keep it balanced and fair. Bernt: Madam Mayor. So, what you're saying, Denise, your -- your concern is mostly with the thousand square foot mark and below, not necessarily the next level or even the next level about that, is that -- is the -- basically, it's the -- it's the -- it's the multi- family footage amount that you're talking about? LaFever: I have three concerns. I have my -- my one concern is the dwelling units is -- from what I see is not incorporated as what was promised at the last City Council meeting, that it's not incorporated within this ordinance. Two, I'm concerned about the allocation recovery and the impact that the multi-family has on that calculation and how it is incorporated. And, three, I'm concerned about the trending of -- instead of basing on 2014 to 2018 numbers, that we are trending down already on the square footage of homes. So, those are the three things I'm concerned about and they all -- two of them wrap around the one thing that I'm concerned about, the allocation of the recovery and the multi-family how they pay, but we were promised a dwelling unit incorporation into this and I'm very concerned that that definition hasn't been properly incorporated within this and, like I said, if I were representing the developers as a CFO, I would want to call my lawyer and say, hey, could we go back and take a look at what this says controlled square footage, can we take a look at the whole entire building, because I really like that cap rate. That's like awesome. You know, if you're a developer and you're -- you're looking at the bottom line. But it's not so great if you're a citizen, so balance. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I can answer the dwelling unit question that Ms. LaFever has brought up. That was in the definition code that you -- changed last week. So, it's in the code now. So, it has been amended. It's a definition in the code. LaFever: I'm concerned that it's not in this ordinance to drive that calculation. Meridian City Council Meeting Agenda June 25, 2019 – Page 130 of 348 Meridian City Council June 6, 2019 Page 21 of 28 Nary: In the -- oh, it's in the entire section of the ordinance regarding -- LaFever: I would much rather see it -- De Weerd: Okay. Can I -- LaFever: So, I disagree with that. De Weerd: Okay. LaFever: Very strongly. De Weerd: Any other questions for Denise? Okay. This is a public hearing. Is there anyone else who wishes to provide testimony? Okay. Any of our impact fee members care to comment and wrap up? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can Mr. Lavoie address the multi-family question, since it was raised. Since it was raised, Madam Mayor. Just describe how a multi-family project would utilize this proposed impact fee schedule, how it would be applied to a project. Lavoie: Madam Mayor, Councilman Borton, within the ordinance there is a statement that describes how multi-family will be calculated. I will sum it up, but if we need the official verbiage we can ask Bill to read it off to you, but what it is -- total square footage of the building for multi-unit complex, we will ask the developer how many dwelling units exist within that whole unit, we will take the average that -- that comes out to, so let's say you had a hundred square feet total building, you have ten units, that's ten square feet per unit. You, then, look at the schedule and you pay -- Milam: Zero. Lavoie: In this case zero. Yes. You did good, Genesis. But that's how it would be. It's a mathematical calculation of asking how many units exist within the dwelling -- the actual structure. I think we use building structure within the ordinance and, then, it's divided and, then, you use the scale to figure out what the average size is. So, if the average size of all the dwelling units is 1,200 square feet, you multiply that rate, which in this -- this case is 1,309 dollars times so many units and that's your impact fee revenue -- or impact cost. Does that make sense? Borton: Yes. Milam: Madam Mayor? Meridian City Council Meeting Agenda June 25, 2019 – Page 131 of 348 Meridian City Council June 6, 2019 Page 22 of 28 Lavoie: That's more clear and we did a better job in the ordinance. Sorry. De Weerd: Mrs. Milam. Milam: It does, it makes it -- it's really clear to me, but I just want to make sure that there would be no possible way for a developer to slide something through -- I'm not saying that they would, but that's kind of what -- you know, what the worry seems to be and using it all as one -- one building, so -- Lavoie: Madam Mayor, Council Woman Milam, again, we worked with Legal, we worked with the Building Department to construct some language that we felt that would protect us. Again, Mr. Nary, if you have any comments on that. Then today we think we have it covered. Nary: So, Madam Mayor, Members of the Council, if you look at the table -- right. So, housing unit and the dwelling are the same thing and our code defines dwelling as the individual units in a building. And so, again, as we talked about -- I mean that's -- it's the entire ordinance, it's not just the table. That's the only portion you're talking -- you're changing, but the entire ordinance drives -- the fee is calculated based on the square footage of the residential units and it's based on the average in the -- in the definition. So, I don't think there is a -- I don't -- I don't know what somebody could do to fly under the radar. I don't -- I don't know what that means. So, I think it's clear. Mr. Baird is the expert. He thinks it's clear. The building department thought it was clear. If you're not -- if you're concerned we can certainly try a different approach, but we think it's clear enough and so I don't know what else to do to write it differently. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One -- two questions. First question is what's the -- do we know what the average square footage of a multi-family unit is in our city? Was that ever calculated or brought up? I mean roughly. Lavoie: Madam Mayor, Mr. Bernt, I don't have that information. That information was collected by the professional consultant -- by Raftelis Consulting, they are the ones who collected the information from the Ada county assessor and our community development team, but I don't have it off the top of my head what the average size of a multi-family unit is. I apologize. Bernt: Is a Raftelis representative here this evening? Lavoie: Mr. Brent, Raftelis, Dwayne Guthrie, our professional representative, he is not here today. He was here the -- last month for the presentation. Sorry. Meridian City Council Meeting Agenda June 25, 2019 – Page 132 of 348 Meridian City Council June 6, 2019 Page 23 of 28 Bernt: Second question. I just want to confirm this. Let's just hypothetically say that, you know, we find out that, you know, this -- this need to develop -- someone in the development community is maybe skirting the system, maybe, to a certain degree and is able to somehow circumvent the process -- I mean we are still in a position -- and I'm like City Council Woman Genesis -- Mrs. Milam, I don't believe that would ever happen. I have no reason to believe that that would happen. But are we in a position where we can say, hey, let's look at this and redo it in four or five years. Lavoie: Mr. Bernt, we can actually do another study tomorrow. We can do as many studies as we see -- we feel fit. There is no state code that states you can't do it more than once every week. You can do -- you have to do it at least once every five years. So, it's really up to us if we ever feel uncomfortable, we can present to you a request to open the study and conduct an analysis using a consultant again. Bernt: Follow up. Just one comment. And I don't say this for myself, because I don't feel that way, but there are -- like Council Member Cavener just said, we receive a lot of e- mails and that was -- it seemed to me like the major concern, you know, these lesser square footage units and so I just wanted to create some levity and say, hey, you know -- you know, there is a way in which we can, you know, verify and check that we're collecting what we need to collect. So, it sounds like it's -- De Weerd: You know, I -- I would say that if you look at it and early on when -- when we did this extensive land use map in the early 2000s, we looked at what the potential density of population will be per square mile and if you look at an R-15 where you can -- where you would consider 15 units per acre versus an R-2 or an R-4, you're looking at a collection per square mile of -- for the R-15 of 11,715. If you consider an R-4 at the size of 15 -- the 15,000 square foot or the 2,500 square foot, you're collecting per square mile 8,400 or -- or down to 7,100. So, you do collect a higher amount on the higher -- or the smaller units and the higher densities. So you are -- you are considering that -- the smaller unit and more -- more units. I just did some math. Any other questions for Todd? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Todd -- sorry. So, since this has been an issue I think at least for myself, as far as the timing goes -- because I understand the concern. When I first read the report I was thinking that there was not nearly enough for police and fire being collected and I understand it's only for capital, but I'm not an expert in the field, you guys have a team you work together all year round for year after year, you hired a consultant, an expert in this field, so I'm -- in the field that I'm trusting the process, trusting you and the experts and I appreciate that. My question I guess would be -- since we are going through this comp plan change and everything, after -- maybe after another -- you meet quarterly, so there is maybe a quarter, two quarters, give an update to the Council on where you're at, you know, where things are, even if it's hunky dory or, hey, we might be off a little I think. That would be great. Meridian City Council Meeting Agenda June 25, 2019 – Page 133 of 348 Meridian City Council June 6, 2019 Page 24 of 28 De Weerd: I think it would be good to ask the impact fee committee to give either a semi annual or an annual report and -- and certainly can. Even with the new land use map, you're not going to see instant change. We have pipeline lots that are -- are yet to be filled and they are not at those smaller densities, so -- or smaller homes. I think it is important to -- to keep on top of it and to have more frequent reporting from -- from the committee and -- and the committee can -- they -- they already report back to the committee for their discussion. It's very easy to bring that discussion back to Council. And, you're right, this -- this has been only when we update or the committee comes back and says we're not charging enough we need to be in front of Council. So, if you -- and I don't know what frequency Council would like, but I -- I think more than five years or two to three. Cavener: I agree, I think almost a combination. It would be great after this is implemented six months later we have somebody come back, but when we started this process -- and I don't know if anyone's changed their mind. I floated the idea of having an annual update, look at the CPI, and if we need to make any small changes along the way on an annual basis. That's something I guess, Todd, I would ask you to take back to the committee to gauge their feedback. I think having you guys come back on an annual basis just for an update more than anything, but I would also like to see that if there is any substantive changes that you guys bring that along with any changes based on CPI. Lavoie: Madam Mayor, Councilman Cavener, we can definitely bring back an annual report. Again, we delivered to you an annual financial update, but it's not an official presentation from the team. Will just find a representative to present to you the annual results for you and most likely occur probably in the month of February, that's when we have our audited financials completed and I will show you the true representation of the fiscal year activities. I don't think that will be a problem at all. Cavener: Madam Mayor, if I can, for the benefit of everybody in the room, I know you know this and Council knows this. The Impact Fee Committee is citizen based and I think that we have so many in our community that really thrive on engaging and participating. Council Member Bernt is a previous participant in that committee and so this is really the Council relying on our citizens to help drive that conversation while using expert analysis. I appreciate it. Lavoie: Thank you. De Weerd: Any other final remarks? Lavoie: No final remarks. I think you have stated it. The professional report that was conducted by Raftelis Consulting we have supported their information. The Impact Fee Advisory Committee voted unanimously to support the information that Raftelis developed for you. We, as the Finance Department, Legal Team are administrators of the Impact Fee Committee, so we stand with -- in support of the Impact Fee Advisory Committee and their support of the Raftelis product that they delivered to you in May. And we appreciate Meridian City Council Meeting Agenda June 25, 2019 – Page 134 of 348 Meridian City Council June 6, 2019 Page 25 of 28 the support that you have for it and hopefully approve what the full cost recovery method that the impact fee study has presented to you. So, I appreciate it. De Weerd: Thank you, Todd. Mr. Borton. Borton: Madam Mayor, I move we close the public hearing on Item 7-H. Milam: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think it's been extremely helpful having these additional hearings and getting this additional information from the developer community, the public and having some additional time for dialogue amongst the seven of us. I think it's provided some better -- better vetting and also some better explanation as to what this process entails every time we do it, that the remarks that each organization has stated -- and this seems to capture the -- the new growth created capital costs be recovered through this mechanism. So, growth pays for itself, allowing our city to maintain this specific level of service with the Police, Fire, Parks. The analysis that was done to generate these figures seems to do that. I think the explanation that's come from these meetings describing the -- the technical disconnect between the comp plan and our budget and impact fees is probably a discussion we will have every time we do this. It's a good one, though. I think it's helpful for the public, as well as all of us, to remain aware of that. I appreciate what we have saved from the development community, that acknowledgement that growth should pay for itself and the legislators created this mechanism to allow it to happen. I like the proposal in several ways. Understanding it's using a tool to keep these costs away from our existing taxpayers, but having the additional layers in the residential based on -- on the square footage gives it an opportunity to be more fair and it allows it to be a little more flexible and capture that maybe a higher fee if there is larger structures that go -- get built going forward or smaller structures going forward, it doesn't over collect fees. So, I think that's a positive as well. So, hats off to the committee and the analysis. I think it's definitely supported by Idaho Code. I think the explanation did a fantastic job in trying to describe to the public the basis behind it. I'm not supportive of delaying it. I think the analysis supports doing it now effective in October 1. I think it just gives us the soonest date to collect a more accurate fee to capture the capital improvement plan. So, I'm supportive of that and I am extremely supportive of a lot of the comments that I have heard that this -- in light of the rate of growth that our community has, that we should certainly look at this and almost assume we will do this again in two years. The reports are great, wonderful data, but our city very well may pivot in a way that members of the public have described. It may actually have a lot of small home construction that Meridian City Council Meeting Agenda June 25, 2019 – Page 135 of 348 Meridian City Council June 6, 2019 Page 26 of 28 necessitates looking at it again. We should do this in two years and just assume it's going to happen. It's not part of the ordinance, but probably the most prudent way to ensure any concern from the public gets addressed quick so we can pivot if necessary. So, I'm supportive of the ordinance as presented in light of all of that discussion. I appreciate the input from everybody. I think it's a good -- a good solution all in all. De Weerd: Thank you, Mr. Borton. Borton: A whole lot of thought, but -- it's been good. Good discussion. Bernt: Nothing more to add. That's perfect. De Weerd: Okay. Any other comments? Cavener: It supports my feelings for the most part. Item 8: Ordinances A. Third Reading of Ordinance No. 19- 1827: An Ordinance To Amend The Municipal Code Of The City Of Meridian, County Of Ada, State Of Idaho, Amending Title 10, Chapter 7, Section 12(E)(2), Meridian City Code, Known As The Meridian Impact Fee Ordinance Fee To The Police, Fire, And Parks And Recreation Impact Fee Effective Date. De Weerd: Okay. If there is nothing further I will move to Item 8-A, which is the third reading of Ordinance 19-1827. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. This is an ordinance to amend the Municipal Code of the City of Meridian, County of Ada, State of Idaho, amending Title 10, Chapter 7, Section 12(e)(2), Meridian City Code, known as the Meridian Impact Fee Ordinance Fee De Weerd: Thank you. You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve Ordinance No. 19-1827. Cavener: Second. Meridian City Council Meeting Agenda June 25, 2019 – Page 136 of 348 Meridian City Council June 6, 2019 Page 27 of 28 De Weerd: I have a motion and a second to approve Ordinance 19-1827. Any discussion? Mr. Clerk, will you call roll. yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE NAY. De Weerd: I would -- I know we have one of our citizen representatives here. I know you have put a lot of time and due diligence to this and -- and I hope to all of you who have spent countless hours on -- on the impact fee, I -- I know you have heard a lot of the testimony, I'm sure you have had an opportunity to read some of the public record. I know that that will be part of the discussions in the next quarterly meeting, but I want to thank you for the time and the -- the attention to detail that you have put in this. This is -- this was a very thorough study. It's -- it's the best that we have seen. I think a lot of work was put into it, so just on behalf of myself and Council, thank you. I know there is a real effort to make sure that growth does pay its -- its share and we appreciate your attention to that. So, thank you. Item 9: Future Meeting Topics De Weerd: Okay. Anything under Item 9? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just sort of hijacking this topic. Not really a future meeting topic, but one of our -- our ongoing tasks as Council is to use this time between now and the 8th'ish to get budget comments to our Finance Department, so they have got time to vet them, get them back out, so there is no surprises on the 8th. So, I'm not seeing stuff come out. I know Jenny compiles and sends it out, which is fantastic. So, the sooner anybody -- if you have questions -- can get that process started this month, the better. There is not -- the future media topic is July 8th. It's much more productive for all of us to have all of that vetted, whatever it is, before the 8th. So, get comments to Financial if you could, please, and that future meeting will go wonderfully. So, thank you, Madam Mayor. De Weerd: Thank you. Okay. If there is nothing further, I would entertain a motion to adjourn. Milam: Madam Mayor? De Weerd: Mr. Milam. Meridian City Council Meeting Agenda June 25, 2019 – Page 137 of 348 Meridian City Council Junelj$ 2019 Page 28 of 28 Milam: I move that we adjourn. Little Roberts: Second. De Weerd: Thank you. I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) (/ ZZ ! S MAYORT DE WEERD DATE APPROVED �5AUGi,_