Loading...
HomeMy Public PortalAboutResolution 21-27 Joint Development Impact Fee Advisory Committee . i" City of McCall RESOLUTION 21-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, VALLEY COUNTY, STATE OF IDAHO MAKING FINDINGS; PROVIDING FOR THE JOINT DEVELOPMENT IMPACT FEE ADVISORY COMMITTEE; AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED by the McCall City Council, in Valley County, State of Idaho: Section 1: Findings It is hereby found by the McCall City Council that: 1.1 The McCall Fire Protection District ("Fire District") provides fire protection and life safety services within the City's boundaries; and 1.2 The City and Fire District are experiencing and are affected by considerable growth and development; and 1.3 The Idaho Development Impact Fee Act (the "Act") codified at Chapter 82 of Title 67 Idaho Code provides for: • The imposition, collection and expenditure of development impact fees in accordance with the provisions of the Act; and • The promotion of orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the costs of new public facilities needed to serve new growth and development; and • Minimum standards for the adoption of development impact fees ordinances by governmental entities which are authorized to adopt ordinances; and • The contents of a capital improvements plan and the process to be followed for the adoption of a capital improvements plan. 1.4 The City is a governmental entity as defined in the Act at Idaho Code Section 67-8203(14) and as provided at Idaho Code Section 67-8202(5), has ordinance authority to adopt a development impact fee ordinance for the assessment of impact fees for the Fire District, whereas the Fire District does not have ordinance authority and cannot adopt a development impact fee ordinance; and Pagel of 4 Resolution 21-25 June 24,2021 1.5 Idaho Code Section 67-8204A, provides that a city, when affected by development, has the authority to enter into an intergovernmental agreement with a fire district for the purpose of agreeing to collect development impact fees for payment of Fire Capital Improvements costs incurred within the City; and 1.6 The McCall Fire Protection District has retained Anne Wescott of Galena Consulting, a qualified professional in the field of public administration, to prepare an impact fee study and capital improvements plan for the District in consultation with the Joint Advisory Committee; and 1.6 It is the intent of the City Council to establish together with the Fire District a Joint Advisory Committee in accordance with the provisions of this Resolution. Section 2: Establishing the Joint Advisory Committee. Joint Development Impact Fee Advisory Committee 2.1 Committee Created: A joint committee of the City of McCall and the McCall Fire Protection District is established. 2.2 Committee Name: The Committee is known and shall continue to be known and designated as the "City of McCall/ McCall Fire Protection District Joint Development Impact Fee Advisory Committee" [hereinafter in this chapter referred also as "Joint Advisory Committee" or"Committee"]. 2.3 Membership: The members on the Committee shall be appointed by the McCall City Council and McCall Fire Protection District Board of Commissioners for terms of two (2) years, and there shall not be fewer than five (5) members of which two (2) or more members shall be active in the business of development, building or real estate; and no members may be employees or officials of the City or Fire District. 2.3.1 Any vacancy on the Committee shall be filled by mutual appointment and confirmed by the City Council and Fire District Board of Commissioners. 2.4 Charge: The Joint Advisory Committee shall serve as an advisory committee to the City Council and Fire District Board of Commissioners and is charged with the following responsibilities: 2.4.1 Assist the City and Fire District in adopting land use assumptions; and 2.4.2 Review the Capital Improvements Plan; and 2.4.3 Monitor and evaluate implementation of the Capital Improvements Plan; and 2.4.4 File with the City and Fire District at least annually, with respect to the Capital Improvements Plan a report of any perceived inequities in Page 2 of 4 Resolution 21-25 June 24,2021 implementing the Capital Improvements Plan or imposing the Fire District Impact Fees; and 2.4.5 Advise the City Council and Fire District Board of Commissioners of the of the need to update or revise land use assumptions, Capital Improvements Plan and Development Impact Fees; and 2.4.6 The Fire District shall make available to the Joint Advisory Committee, upon request, all financial and accounting information, professional reports in relation to other development and implementation of land use assumptions, the Capital Improvements Plan and periodic updates of the Capital Improvements Plan. 2.5 Joint Advisory Committee Organization: The Fire District will be responsible for scheduling and facilitating all meetings of the Committee in compliance with the Open Meeting Law [Chapter 2 of Title 74 Idaho Code]. 2.5.1 The Joint Advisory Committee shall select its officers, which include a Chair and Vice Chair. 2.5.2 The Chair shall conduct the meetings of the Committee. The duties of the Chair shall be performed by the Vice Chair in the absence of the Chair or as delegated by the Chair. The Chair and the Vice Chair shall be members of the Committee. 2.5.3 A staff member of the Fire District shall serve as the Secretary of the Committee and shall take minutes and post agenda notices required by the Open Meeting Law. The Secretary is not a member of the Committee. 2.5.4 The Committee shall establish a regular meeting schedule. 2.5.5 The agenda of each meeting shall include the approval of the minutes of the last meeting and the Secretary shall provide a copy of the approved minutes to the City Council and Fire District Board of Commissioners. 2.5.6 Fifty percent (50%) of the membership of the Committee shall constitute a quorum. Once a quorum is established for a meeting, the subsequent absence of a member present for creating the quorum shall not dismiss the quorum. 2.5.7 A majority vote of those present at any meeting is sufficient to carry motions. 2.6 Reporting: The Joint Advisory Committee reports directly to the City Council and Fire District Board of Commissioners. Page 3 of 4 Resolution 21-25 June 24,2021 2.7 City Council and Fire District Board of Commissioners' Review of Committee's Reports and Recommendations: The City Council and Fire District Board of Commissioners shall each consider the Joint Advisory Committee's recommended revision(s) at least once every twelve (12) months. The Joint Advisory Committee's recommendations and the City Council and Fire District Board of Commissioners' actions are intended to ensure that the benefits to a Development paying Impact Fees are equitable, so that the Impact Fee charged to the Development shall not exceed a Proportionate Share of System Improvements Costs, and that the procedures for administering the Impact Fees remain efficient. Section 3: Effective Date 3.1 This resolution shall be in full force and effect after its passage and approval and after approval of a similar resolution by the McCall Fire Protection District Board of Commissioners. PASSED AND ADOPTED by the Mayor and City Council of the City of McCall, Idaho, on August 12, 2021. APPROVED: By _ �&� Z", j Robert S. files, Mayor CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, meeting of the City Council, City of McCall, held on August 12, 2021. N1 C (Seal) o,.�� 0 0 ?BessieJo Wa er, City Cl Page 4 of 4 Resolution 21-25 June 24,2021