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Regular City Council Meeting Monday,January 7,2019 Page 8 City Attorney Gaughan advised this is not a tax, it is a fee and a fee is a set amount to reasonably support the underlying regulation or program it is based on. In this particular matter, he did not know what additional regulations would be necessary but is the first step in working through this issue. The fee is supposed to reasonably support the necessary operation of the regulation. City Attorney Gaughan stated in regard to waiving a fee, waiver is typically not appropriate because the amount that is paid is necessary for the underlying regula- tion so waiver on that basis is typically not appropriate. If there is going to be a waiver, he would strongly recommend that the Council clearly set forth the rea- soning, basis for that waiver, so that it can be used in future requests for waivers. He recommended the Council either distinguish this particular matter or show some consistency. City Manager Trudgeon stated if the Council asks staff to look at and amend the Code, that would be under staff direction and there would be no charge for the particular beneficiaries of that process. As far as the waiver, he would concur with the City Attorney. If the Council wanted to consider a waiver, the City would want to clearly define the issue. He noted representatives of the Church had approached staff and asked for a waiver but that is not something staff can grant. Mayor Roe stated at the beginning of the process with the two churches, if the de- cision had been made to pursue a Zoning Text Amendment to make this a permit- ted use, his understanding is that the fee for a Zoning Text Amendment is approx- imately comparable to the fee for an Interim Use. So, he did not know if that would have been any less expensive of an approach to undertake and at that point, it would have been initiated by the applicant. He was not sure if that would have been a situation where the City would be undertaking that change necessarily and the fee would not have applied. Mr. Paschke explained the only difference would be that an open house would not have been needed or that fee associated with it because an Interim Use requires an Open House Hearing. From that perspective, it is an additional process and fee before an Interim Use permit is applied for. Mayor Roe indicated there are a couple of things before the Council. There is the Interim Use approval with resolutions and the appropriate action would be to take action on those resolutions. If the Council decided to take a different action, this would still need to be taken care of with either a denial or tabling. Willmus moved, Etten seconded, adoption of Resolution No. 11564 (Attachment C) entitled, "Resolution Approving an Interim Use for New Life Presbyterian Church to Conduct A Temporary Emergency Overnight Homeless Shelter (PF 18- 026)."