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HomeMy WebLinkAbout2007 09-11 PreMeridian City Pre-Council Meetinct September 11, 2007 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, September 11, 2007, by President Councilman Joe Borton. Members Present: Joe Borton, Keith Bird and David Zaremba. Members Absent: Mayor Tammy de Weerd and Charlie Rountree. Staff Present: Ted Baird, Anna Canning, Matt Ellsworth, Tracy Basterrechea, and Will Berg. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Joe Borton O Charlie Rountree (arrived at s:3~i X Keith Bird O Mayor Tammy de Weerd Borton: We will go ahead and begin tonight's Pre-Council Workshop, September 11th, 6:00 P.M. I will begin tonight's meeting with roll call attendance. Mr. Berg. Berg: Thank you, Mr. President, Members of the Council, roll call. Item 2. Adoption of the Agenda: Borton: Thank you. Item number two, adoption of the agenda. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: I move we adopt the agenda as printed. Bird: Second it. Borton: It has been moved and seconded to adopt the agenda as published. All those in favor say aye. THREE AYES. ONE ABSENT. MOTION CARRIED. Item 3. MDC In Lieu of Fee Discussion: Meridian City Pre-Council Meeting September 11, 2007 Page 2 of 13 Borton: Thank you. Item number three, MDC in lieu of fee discussion. And tonight we have MDC's administrator, Mr. Wardle, here to give tonight's presentation. I think you all have passed out packets from, concerning his talk. Wardle: Thank you, Mr. President, Members of the Council, for the record, Shaun Wardle, administrator for the Meridian Development Corporation. And I was just (inaudible). We have one other item for the agenda to be considered. And we have our Transportation Planning Staff here so at the end of my presentation we'll talk about the 3rd Street north-south extension if that is okay with Council. Baird: Just to give you a little background on our (inaudible) parking policy. This comes before the City. We've been working closely with staff, with Legal staff, with Planning staff on the issue. To give you a little bit of background, one of the constraints in core development in the downtown core is the ability for projects to provide parking on-site. They are required to provide parking per City code. Most of the Old Town zoning allows for two parking spaces for 1000 square feet. One of the impediments to development and to projects which (inaudible) density, we like to see them (inaudible) density to take their property, to take their building lines to the property lines is the ability for these developers and property owners to provide parking. And so as a tool, one of the things that the Meridian Development Corporation has considered is a fee in lieu of parking. The Board, on May 9t", adopted this policy which allows the policy in front of you here. The policy allows for $10,000 per space and essentially what that does is it allows a project developer to pay for spaces instead of providing parking on-site. They are allowed to request at Planning and Zoning administrator level, they are allowed to request up to 50% of their parking requirements as the in lieu of fee. They can come to the Meridian Development Corporation Board of Directors and ask for over that, but they need to receive a variance. So, for example, a project comes in to Planning and Zoning Department. They are looking for a condition, or a certificate of zoning compliance, and they are wishing to utilize the in lieu of policy fee under the current City Code which you see here, section 11-3C-6B. The City Code allows for an alternative compliance for parking. And the Planning Administrator, Planning Director can make that determination at the staff level. Through Legal staff we've determined that to memorialize that actual policy that the Meridian Development Corporation will enter into an agreement with the developer in which they will take fees. The Development Corporation then holds the fees in a restricted fund and pursuant to the policy must spend those fees on parking-related activities. There are time periods in there and I'll address a little bit of that when we get to the agreement itself. But the Meridian Development Corporation enters into a contract to essentially provide parking and to allow an alternative compliance. Once that plan is in place we have drafted at the end of Meridian City Pre-Council Meeting September 11, 2007 Page 3 of 13 your packet here, a draft implementation. And that is essentially at the Planning staff level the agreement is entered into. Planning staff collects those fees and I'm working with the Finance director on how those fees are funneled back to the Meridian Development Corporation. And so some of those specifics need to be worked out still. They receive their certificate of zoning compliance and the agreement is entered into. One of the questions on these fees, Meridian Development Corporation has 24 months to spend the fees. One of the issues that we've addressed is what happens if a development receives a CZC yet doesn't pull a building permit. And so in the agreement that we've drafted, the fees are collected at CZC stage. They are held and are still restricted and are available for use until such time that a building permit is pulled on a project. Once that building permit is pulled, pursuant to the agreement, the 24-month timeline for the Development Corporation to spend those fees is started. And so are there any questions so far? Zaremba: So the time, I'm sorry Mr. President, so the time doesn't start when they pay. The time starts when they pull the permit. Baird: Yes, for the Development Corporation to spend those fees there is a provision that allows the Meridian Development Corporation to extend that time period if there are mitigating circumstances but they're not specifically addressed. Zaremba: And Mr. President (inaudible) would we need to say that any interest earned on that money during that time is kept by MDC? I mean, that might be a question the developer might ask at some point. Baird: Excellent question. I will, I do not believe that is addressed. I didn't see interest mentioned but, thank you, in the provision and so I will, I will ask that question. Zaremba: My preference would be that MDC keeps it rather than anything else happen. Baird: Sure. Zaremba: Earns it and keeps it. Borton: Gentlemen, I'm looking at the draft agreement. On paragraph two it talks about when the fee might be paid. tf it makes sense to have, I read it to say if the fee is paid before receiving occupancy, should the fee be paid even before then? Or (inaudible). Meridian City Pre-Council Meeting September 11, 2007 Page 4 of 13 Baird: Yes, and I apologize, there's a, thank you for catching that - -the item two fee should be paid at the CZC. We're working on a couple drafts of that. So it will be paid at the commission certificate of zoning plans. Canning: President Borton, if I might address Mr. Wardle's - -Shaun, this, we've lost the part about only counting the new construction, not the existing building. Somehow that's missing now. That was an important part that I needed Council to consider. Because that's not how we usually do it. (Inaudible) for the Council, one of the things that I was concerned about was how do we track whose paid a fee in lieu of parking and who hasn't paid a fee in lieu of parking for their facility? And one of the ways that I feel we can get out of the need to track it is to say, okay, if you've got a thousand square foot building and you're keeping that thousand square foot building but adding on to it, we would only calculate the parking for the additional square footage. So like if you owned a restaurant, Busted Shovel at the corner, and you were just changing it from say like a restaurant to a bar, then because you weren't expanding that use, you wouldn't be subject to any additional parking requirements. It kind of vests any square footage in Old Town right now with parking for that building that exists there today. So if you had, if it were, say a small residence that they tore down and then built a brand new commercial building. Then they would be subject to all fees because it's all new construction so we would only be giving credit if they retain the existing building or portions of the existing building, where ever they're retained. Does that make sense? Baird: Mr. President and Anna, if I can direct you to - - I apologize, you have the adopted implemented fee from the Meridian Development Corporation. That is at the top of your packet. At the very back of your packet is the implementing a fee in lieu of parking which is what the Planning director and I have been working on. Wardle: Thank you, Anna. I will expand on what Anna has talked about and it is bullet point number one in the Planning Department. As Anna explained, we want to (inaudible) developers to keep existing space and to renovate buildings which can be renovated. The example there would be if I had the corner of Main and Broadway and I were going to scrape the entire site and start anew, I would receive no credit for the existing square footage and so I would essentially start over. We had an application that was contemplating keeping some square footage in. I believe that the Planning director has under her authority and under this agreement the ability to calculate that square footage and then apply to the fee. Canning: And President Borton, what it is is that the code does give me flexible, it does say I can approve an alternative parking plan. And if Council states that part of an alternative parking plan in the Old Town district is that you don't need Meridian City Pre-Council Meeting September 11, 2007 Page 5 of 13 to provide spaces for existing square footage. Then I can just incorporate that into the policies of how I implement the alternative parking plan. Borton: Thinking out loud, is that the devil's advocate, does that not perpetuate the parking problem and encourage not scraping some sites that should be scraped and then allow us to catch up with the part of development we've got? Wardle: Well, if I can take a shot at it first, one of the issues that we are addressing downtown is the fact that we have abuilt-in environment today and we foresee that we have projects which take for example the Double D site on the corner of Bower and Main Street, which was scraped and is contemplated for future development. There are going to be larger projects such as that. The real consideration that we were discussing at the staff level was what about the smaller projects that want to do some small alterations to maybe slightly expand their square footage, how do we give essentially, how do we take into consideration that their employees or customers are parking somewhere, how does that calculate into the equation? And so we attempted to find something that could be applied fairly and equitably across the board. Canning: President Borton, Members of the Council, the other reason for that was just administration of this program. Say for example you have that new little restaurant on the side street here, Cammie's or Tammie's or something like that, the breakfast restaurant. Well, if she paid an in lieu fee now for the parking stall that she's missing and then say five years from now somebody came in and wanted to move an office in that use and had to get a CZC, I'd have to track down whether they had paid the in lieu fee. Just because there's a change in the use. If we exempt the existing square footage, I don't need to keep track of that. It just does away with the whole administrative and tracking program that we'd have to do. Because if they're not adding any square footage, then I don't need to worry about it. If they were scraping the site and building a new building then they'd need to bring all the parking up to current standards. Wardle: Mr. President, I might note also for the record that there has been some misconception in terms of this policy and what it means. May I reiterate that this is a voluntary policy. That a developer or property owner must ask to utilize this policy. It is not a requirement. The City of Meridian nor the Meridian Development Corporation, we are not requiring additional fees on a development project and so they must request it and for the record, it was not a unanimous vote at the Commission level and some of the Commissioners felt that people simply wouldn't utilize the fee because it might have been too high. So again it is a voluntary request. Meridian City Pre-Council Meeting September 11, 2007 Page 6 of 13 Zaremba: Just to clarify that, they would have a parking requirement that this would alleviate so this does not absolve them of the parking requirement unless they voluntarily ask for the (inaudible). That's correct, right? So I take your point that nobody's being forced to pay this but if they don't pay this then they have to provide all the parking that they wouldn't otherwise have to provide. That's fair for me. One question on whether or not you would have to work backwards on, t guess thinking way out in the future, if somebody qualified for this and asked for it and paid their fee, and then sometimes later the use of the building changed, we don't contemplate any change causing us to give the money back, do we? Once it's spent, that's done and if in the future they change the use of the building that doesn't change or allow them to say I want a rebate of 10% of my fee or something. Bird: The government will never give a return on taxes (inaudible). I just wanted to be clear about that. Borton: The intent in that situation would be to put in those 24 months, that that fee had been spent (inaudible) parking benefit (inaudible). Wardle: Mr. President, the only rebate provision is contemplated between the length of time from the CZC's to the building permit and that would be the only rebate opportunity. You had a question about the interest. I'll find that out but that's the only rebate opportunity. Borton: Shaun or Ted, what's the next step? Does the City? Did you get this on for formal adoption? Baird: Mr. President, Members of the Council: I haven't thought about that questian but it comes to mind that because this is anticipated to be one of the tools that the Planning director has for alternative compliance I think you could by motion indicate that you're directing or that be allowed as an alternative plan for parking. So it was anticipated in the Planning Department. So just put it on the regular agenda and possibly even a resolution (inaudible). Berg: Mr. President, I'm just the voice from a citizen that's been here for many years. I really think that since this is something that's going to be new for downtown, not for just the people that operate businesses but also people that come here. (Inaudible) be too far out of reach for the fact that we are setting a policy and that way the public will have had a chance to respond and if it does come to some concern that they don't like it, they did have a window for a voice. I know Shaun has had a couple of public hear - - or public meetings trying to get people involved into those things. But you guys are going to approve this policy and I would just think it's just another window for the opportunity for the public to Meridian City Pre-Council Meeting September 11, 2007 Page 7 of 13 say they like it or don't like it and you guys make that final decision and its policy is set forth and the Planning Director doesn't have anything but to go forward with her duties. That's my two bits. Bird: Mr. President. Borton: Mr. Bird. Bird: I would agree wholeheartedly with the Clerk. I'll give you my two bits on this thing which I think you probably don't want. We sit here and we want to bring people downtown. In the first place, when they pay their $10,000 per parking spot, that doesn't guarantee any parking spot any place in town. It's pretty easy to - - I don't know really know of any business that has to be downtown to be successful because we don't have a big, thriving financial center of downtown or anything like that so I can probably get land for half the cost in a Centre Point or an EI Dorado or a Silverstone. I'm not that far out of the traffic. I got plenty of traffic there. And I don't have to pay, if I need to get 10 parking spots, I don't have to pay $50,000 and still not be guaranteed any of those 10 parking spots. Or the five that I paid fifty for. Now if we were sitting here, if Shaun was sitting here with a baseball bat beating businesses out of town I could look at it a lot more but we're sitting here trying to get downtown going again and it's like anything else. We always want to put costs on stuff. We, and I include myself, because I've voted for all this crap longer than any of you other guys here. We always, once they come in town and then we'll tell you how to run your business or how much you have to pay to get in town. We're probably becoming an awful good marketing tool for Canyon County. So that's my two cents and I don't want anything to go forward without a public hearing. Because I want these people downtown that I get phone calls from and I don't know if any of you guys do, tell me what a crappy plan we got, to come here and testify. And if they don't come testify then that's their ball game. Wardle: Councilman Bird, I don't disagree with a public hearing. I think we've had enough of them. And I know we've gone through them before on this matter. It sounds like it's not a City requirement, Ted, but as a matter of courtesy we'll have to have it noticed, published (inaudible) have a public hearing maybe in two weeks on the 25th and then send it for adoption and resolution at that time. Baird: Mr. President, that's correct. There's no, this is not a specified public hearing but if you just give it adequate agenda notice, the public's had an opportunity to comment, you can take your action. Meridian City Pre-Council Meeting September 11, 2007 Page 8 of 13 Wardle: Mr. President, I will polish my presentation, consolidate it, and as always I'm very happy to be here on Tuesday evenings as long as I get to go home when the business is done so - -. Zaremba: I will be out of town on the 25th but that makes sense to me. Berg: Mr. President, that's fine. I would probably go ahead and put one notice in the paper just, because it's not going to cost that much, but we don't have to meet any kind of noticing requirement because it doesn't require a public hearing. Wardle: Okay, we'll make it the 25th of September. Item 3B. MDC 3rd Street, North-South route. Borton: Item 3B. Wardle: Item 3B. Thank you, Mr. President. I'd like to bring an item to the Council's attention. The Development Corporation will hear this, not really an item, but just a discussion tomorrow morning. If I could build some background, once upon a time, and by the way happy election season, once upon a time, a while ago, when I was on the City Council and the Planning and Zoning liasion, a budget item was discussed and the need had arisen for a potential route on 3rd Street, anorth-south connection. And so at that time the Planning Director and I crafted a budget item that was, has been approved by the City Council and I believe was in this budget year and so we're talking about 18 months ago the item was approved. Obviously it was in this budget year. This budget year has come and almost gone in a number of weeks. And in my new role to the Meridian Development Corporation in December and January and in Matt's new role as Transportation Director, we've been working with the Ada County Highway District on a scope of work and attempting to really get something together so that we can address this issue and we've been working on it pretty diligently, both with our staff and internally. And one of the things that we've come to the conclusion is that we may be taking (inaudible) on what the Development Corporation and ultimately the Transportation Plan consider for that project. And so we are considering and we'd like a discussion on potentially running the project on our own. The Highway District currently doesn't have any funding within their budget to do the study. The onus is on the City with the already approved dollar amounts from this fiscal year and would potentially be the Development Corporation entering into that budgetary item and so I'll offer that up for suggestion and Matt may have some more specifics if I didn't cover all the information. Meridian Ciry Pre-Council Meeting September 11, 2007 Page 9 of 13 Ellsworth: Mr. President, Members of the Council, I think Mr. Wardle pretty well covered it. You have expressed interest in the past in moving this forward and I think that's the reason that we wanted to .bring it to you for your take on things this evening. Zaremba: I would comment that during the first Downtown Marketing Study it was with an outside consultant and then the Downtown Transportation was done with the same outside consultant. The subject of the 3rd Street, East 3rd Street came up several times. It was outside the scope of their work so they declined to pursue it as a subject but the members of the committee wanted to discuss it even then. To me it's an important way to get into downtown. If we're going to do all the changes that we're expecting to do with the split corridor, then East 3rd Street becomes more and more important and I certainly support having MDC take the lead in determining how that can best serve Meridian and downtown Meridian. I think it's a very important corridor with a railroad crossing and those are important and that study needs to be done. Borton: Shaun, the two questions I'd have on it was going that route, other than what's already budgeted, is there an additional expense to the City or MDC? And two, does going that route jeopardize ACHD's approval or adoption. Those are it. Wardle: Let me take the easy question and that is, in terms of the Highway District, and Gary's here - - he may be able to comment. We had some conversation this afternoon with staff. We envision, Matt and I, envision the Highway District being our key stakeholder in the process. Obviously being involved in the discussion, we feel that we've met sort of a wall in terms of where we're going and we think that our constituents in terms of the City and the Development Corporation, that we have some questions that need to be answered and sort of drafted in the scope. And so in that respect I couldn't comment on whether or not the adoption would be likely or less likely. It would obviously comment on all the policies which are currently in place at Highway District. So, in terms of dollar amount one of the things that brought this up, that Matt and I really brought up was, that we're (inaudible) process. It currently is being managed by the Highway District. However, due to some of the budgetary constraints to some of the revenue shortfalls that they've had, the indication to us was that nearly all of the dollar amounts would be borne by the City and the Development Corporation. And so I don't think that that, regardless of what we do, changes. So I might let Gary - -. Borton: Gary, do you have anything to add to that? We appreciate your input. Meridian City Pre-Council Meeting September 11, 2007 Page 10 of 13 Inselman: Mr. President (inaudible) not involved in the budget part of the Planning group that would participate in this but we did speak that we have no objection to MDC or the City running it. We just ask that we be (inaudible) need to comment and our comments be duly considered and then ultimately, you know, want to help implement the plan. Borton: Shaun is this informational or are you looking for some formal direction from Council to go forward on that route? Wardle: I think, Mr. President, that informational if the Council agrees that - - we don't have a formal agreement between either the City or MDC and t think it makes it much easier to for us to draft that agreement, to do the study together, for us to get a scope of work and for us to get a dollar amount that we're comfortable with that I can then take back to the Board for our participation. The Development Corporation currently doesn't have a line item in the budget for this study because we didn't have a number and so I know that the MDC Board will definitely consider this but they want specific information so - -. If the Council has that direction we'll bring back scope of work. We'll bring back all the particulars that we need and in addition, the funding request that will go to MDC and I'm not sure what portion of that, if any, would come to the City for additional funds. Zaremba: Mr. President. Borton: Mr. Zaremba. Zaremba: I need to ask a rooky Councilman question and that is what happens to things that have been budgeted for this year on September 30~' if they haven't been spent? Berg: Mr. President, they go to the City Clerk's retirement fund and hopefully the Clerk will retire very early. Bird: I'm okay with that but it isn't budgeted that way. Canning: Mr. President, Members of Council, Council Member Bird, I was going to request that Council direct staff to have those funds rolled over into the next budget year because we have not made that request yet. Berg: Mr. President, normally they go to our Capital Improvement Fund unless they are designated so we need to make that request so that - -. Bird: They go to Council for their retirement. Meridian City Pre-Council Meeting September 11, 2007 Page 11 of 13 Berg: I lose again. Zaremba: No, they keep putting it in that former Council Member retirement plan. Bird: Mr. President. For Shaun for public record, state why, what's the idea of East 3rd being from Franklin to Fairview? What's the idea of it? Wardle: The idea of traffic flow from Franklin to Fairview Avenue is an alternate route to Main Street. An alternate route to what will eventually be the split corridor. Opens up to the eastern side of the downtown core for commercial development and provides better traffic flow and connectivity through the City so - -. That was the textbook answer. If you're looking for, it is one of the only railroad crossings in the City. It is the only current crossing. If you look at what happened with Locust Grove and Nola, when they moved the railroad crossing to Locust Grove they were required to shut the crossing out at Nola so we don't envision getting any additional railroad crossings in the next, anywhere in the downtown corridor. And that makes it very viable. Bird: I'll follow up on that. If we do go through a study I would really, and we've been talking about this for 10 years that I know of, and I've always fought East 3rd but now that we've got the over- - , or will have the overpass, on Locust Grove. We've got Locust Grove and that goes to Chinden. I'm not too sure that, and it's only four blocks to the east, I'm not too sure that right now we can use - -. I think the study should include looking at that. In lieu of East 3rd Borton: Mr. Wardle, I don't know, whether that might be right or wrong I think going forward today makes sense to make a request to roll over the funds to allow the fund (inaudible). Do you have a (inaudible) done in the next 12 months? A study or is this - -? Wardle: Mr. President. Borton: Hard to say. Wardle: No. We're thinking three months. Maybe four or five days to draft the scope. If it takes more than four months, Matt and I will pull our hair out so - -. Ellsworth: For the record. Borton: Is there a requirement for a formal motion to go over those funds? Meridian City Pre-Council Meeting September 11, 2007 Page 12 of 13 Bird: Just she brings them in. We have to go over the account. Borton: Do you make a request of us? Canning: Does it need to be more than what I just did? I've never done it before. Bird: I think it has to be on the agenda, doesn't it? Borton: Just put it on for next week. Bird: Just put it on and get a formal request or something. Talk to Financing. I'm the liaison so I don't get --. Borton: Thank you, Shaun. Thank you for your time. Item 4. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Borton: Council that brings us to item four in this session or the meeting tonight. Bird: Mr. President. Borton: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67- 2345(1)(c). Zaremba: Second. Borton: It's been moved and seconded to go to Executive Session. Mr. Berg will you please call roll. Roll Call Vote: Bird, aye; Zaremba, aye; Borton, aye and Rountree is absent. THREE AYES. ONE ABSENT. MOTION CARRIED. EXECUTIVE SESSION: Borton: I would entertain a motion to come out of Executive Session. Zaremba: So moved. Meridian City Pre-Council Meeting September 11, 2007 Page 13 of 13 Bird: Second. Borton: It has been moved and seconded to come out of Executive Session. All those in favor say aye. THREE AYES. ONE ABSENT. MOTION CARRIED. Borton: Motion to adjourn? Bird: So moved. Zaremba: Second. Borton: It has been moved and seconded to adjourn the Pre-Council Meeting. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:04 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY D EERD, MAYO~~~~""""~'-~ ~` ~ r° , ~~ N ~~ ~.,~ , ~ ~.~ TT ~ II. ~ ' ,~'Y/ I/~I\ G~/ ~~/ ~7 DATE APPROVED G. BERG, JF7l CI'~Y CLERK