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HomeMy WebLinkAboutAda County for Intergovernmental Joint Powers Agreement Captial Improvement Plans C� (IEAI MEMO TO CITY COUNCIL Request to Include Topic on the City Council Work Session From: William L. M. Nary, City Attorney and Meeting Date: June 3, 2025 Kurt Starman, Deputy City Attorney Presenter: Kurt Starman, Deputy City Attorney Estimated Time: 20 minutes Topic: Request from Ada County and the Ada County Emergency Medical Services District to Enter Into Intergovernmental and Joint Powers Agreements Concerning Capital Improvements Plans Recommended Council Action: Discuss a request from Ada County ("County") and the Ada County Emergency Medical Services District ("District") to enter into the attached agreements ("Agreements") concerning the capital improvements plans ("CIPs") that are necessary to implement countywide development impact fees. Background: The County and District wish to adopt countywide development impact fees to partially fund coroner-,jail-, and EMS-related capital improvements associated with new development.The proposed fees,which total $750 per single-family housing unit,would be similar to the development impact fees collected by the Ada County Highway District.Unlike ACHD, however, the County and District cannot collect development impact fees within the incorporated cities without each city's participation. In order to proceed, every incorporated city must: (1) enter into intergovernmental agreements with the County and District; (2) adopt the CIPs; and (3) adopt an ordinance. The City Council received a presentation about this proposal on December 17, 2024 and discussed a four-step implementation plan, as follows: 1. Enter into Agreements with the County and District that only address the CIPs at this time. The Agreements do not require the City to adopt the CIPs, nor do they require the City to adopt countywide development impact fees. Rather, the City would simply agree to consider the CIPs. 2. If the Agreements are approved, the City would then consider the CIPs in accordance with the Idaho Development Impact Fee Act. The basic steps are as follows: a. The Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee ("County DIFAC") would forward its written comments to the City in accordance with the Idaho Development Impact Fee Act. b. The Planning and Zoning Commission would conduct a public hearing concerning the CIPs and forward its recommendation to the City Council. c. The City Council would conduct a public hearing and make its determination. If adopted,the CIPs would be added to the City's Comprehensive Plan.The City would not require an application fee to process the Comprehensive Plan amendment given the City's direct involvement. 3. If the City adopts the CIPs, it would then pause until all the other cities have adopted (a) the CIPs and (b) the ordinances necessary to collect countywide development impact fees. 4. If all the other cities timely adopt the CIPs and necessary ordinances,the City would then consider adopting an ordinance to collect countywide development impact fees.A successor intergovernmental agreement would also be necessary at that time.As noted above, however,the City is not obligated to adopt countywide development impact fees. As background, some of the "high-level" topics from the December 17, 2024 City Council meeting included: 1. This will likely be the first countywide development impact fee program in Idaho, so it would be prudent to proceed judiciously. 2. Ideally,the process to implement countywide development impact fees would be similar to the process utilized by ACHD, but that is not possible due to legal constraints (including limiting language in the Idaho Constitution concerning county ordinances). 3. The City will likely want to utilize the County DIFAC as the advisory committee for the proposed countywide development impact fees, since the County DIFAC and County staff have the requisite knowledge and expertise concerning coroner-,jail-, and EMS-related facilities. 4. Coroner-related facilities are not explicitly delineated in Idaho Code section 67-8203(24)(0, so it may be prudent to seek clarification from the Legislature. 5. The County may implement development impact fees for sheriff-related facilities without action by the incorporated cities. The attached Agreements are substantially similar to the draft agreements the City Council reviewed on December 17, 2024. If the City Council is receptive to proceeding with the first step of the implementation plan outlined above, the Agreements will be placed on a future agenda for formal action. Attachments - Ada County and City of Meridian Intergovernmental and Joint Powers Agreement Concerning Capital Improvements Plans for County System Improvements - Ada County Emergency Medical Services District and City of Meridian Intergovernmental and Joint Powers Agreement Concerning Capital Improvements Plans for District System Improvements Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013 AGREEMENT NO. 30465 ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS [Idaho Code §§ 67-8204A & 67-23281 Parties to Agreement: Ada County County Ada County Board of Commissioners 200 W. Front Street, Third Floor Boise, Idaho 83702 City of Meridian City City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 THIS ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS("Agreement") is entered into this date of April 8, 2025 ("Effective Date")by and between Ada County("County") and the City of Meridian("City")as an intergovernmental agreement as provided for in Idaho Code § 67- 8204A. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement, the Parties hereby mutually promise, covenant, and agree as follows: SECTION 1 DEFINITIONS For all purposes of this Agreement, the following terms have the definitions as herein provided in this Section unless the context of the term clearly requires otherwise: 1.1 Act: Means and refers to the Idaho Development Impact Fee Act, Chapter 82, Title 67, Idaho Code as it may be amended or restated from time to time. 1.2 Advisory Committee: Means and refers to the Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee, which shall serve as the development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the Capital Improvements Plans ("CIPs") and any amendments, revisions, or updates of the same. ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 1 Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013 1.3 Agreement: Means and refers to this Ada County and City of Meridian Intergovernmental and Joint Powers Agreement Concerning Capital Improvements Plans for County System Improvements. 1.4 Capital Improvements Plans and/or CIPs: Means and refers to, collectively, the May 24, 2024 Jail Capital Improvement Plan and Development Impact Fee Study and the May 24, 2024 Coroner Capital Improvement Plan and Development Impact Fee Study, all of which were prepared for and adopted by the County. 1.5 City: Means and refers to City of Meridian, Idaho, Party to this Agreement. 1.6 City- Council: Means and refers to the City Council of the City of Meridian, Idaho. 1.7 County: Means and refers to Ada County, Idaho, Party to this Agreement. 1.8 Party/Parties: Means and refers to the County and/or the City, as the Parties in this Agreement, depending upon the context of the term used in this Agreement. 1.9 Service Area: Means and refers to a service area as defined in the Act at Idaho Code § 67- 8203(26). Said Service Area shall encompass the entirety of Ada County, including all the incorporated cities. 1.10 System Improvements: Means and refers to capital improvements to public facilities designed to provide service to a service area as defined in the Act at Idaho Code § 67-8203(28). SECTION 2 PURPOSES&AUTHORITY 2.1 The purpose of this Agreement is to provide a structure that will enable,but not require,the City to adopt the CIPs. The CIPs are intended to promote and accommodate orderly growth and development, protect the public health, safety, and general welfare of residents countywide, and to further the best interests of the Parties. 2.2 Idaho Code § 67-2328 authorizes public agencies in Idaho to exercise jointly any power, privilege, or authority authorized by the Idaho Constitution, statute, or charter. The Parties, each being a public agency, hereby agree to exercise jointly their respective powers, privileges, and authorities in accordance with Title 67, Chapter 82, Idaho Code. 2.3 Idaho Code § 67-8204A provides that the County and City have authority to enter into an intergovernmental agreement for the purpose of developing joint plans for capital improvements. 2.4. The County is responsible for providing coroner-and jail-related services on a countywide basis. ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 2 Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013 2.5. The County is experiencing considerable growth and development, and the County's ability to provide coroner- and jail-related services are affected by said development. 2.6 The County has provided the City with the CIPs, which were prepared in accordance with the requirements of Idaho Code § 67-8208 in consultation with the Advisory Committee as provided in Idaho Code §§ 67-8205 and 67-8206(2). 2.7 The Ada County Board of Commissioners has adopted the CIPs in accordance with Idaho Code §§ 67-8206(3) and 67-8208(1). 2.8 The County has requested that the City adopt the CIPs in accordance with the Act, and the City is willing to consider said request. The Parties acknowledge and agree, however, that the City Council cannot and shall not be bound by this Agreement to adopt the CIPs. 2.9 That by reason above stated, the Parties have determined it is necessary and desirable to enter into this Agreement. SECTION 3 ADVISORY COMMITTEE 3.1 Advisory Committee. The Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee shall serve as the development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the CIPs and any amendments, revisions, or updates of the same. 3.1.1 Administration and Staffing. The County shall provide for the administration and staffing of the Advisory Committee. Advisory Committee members shall be appointed in accordance with the requirements of Idaho Code § 67-8205. 3.1.2 Charge. The Advisory Committee shall serve as an advisory committee to the Ada County Board of Commissioners and City Council and is charged with the responsibilities set forth in Idaho Code § 67-8205(4). 3.1.3 Written Comments. The County shall cause the Advisory Committee to file its written comments concerning the CIPs with the City on or before June 30, 2025, to provide the City with ample time to consider the CIPs prior to the termination of this Agreement. ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 3 Docusign Envelope ID: FABOAEE2-4D07-4387-AC1B-A977DEDE1013 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners DocuSigned by: 4/8/2025 14:16 PM MDT By: Rod Beck, Commissioner DocuSigned by: By: 4/9/2025 1 2:14 PM MDT Ryan Davidson, Commissioner DocuSigned by: ���--- 4/10/2025 1 12:21 PM MDT By: —67 Thomas Dayley, Commissioner ATTEST: DocuSigned by: 4/10/2025 1 2:38 PM MDT Trent Tripple, Ada County Clerk City of:Meridian By: Mayor Robert E. Simison 6-3-2025 ATTEST: Chris Johnson, City Clerk 6-3-2025 ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 7 Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB AGREEMENT NO. 30708 ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS [Idaho Code §§ 67-8204A & 67-2328] Parties to Agreement: Ada County Emergency Medical District Ada County Emergency Medical Services District Services District Attn:Director 370 N. Benjamin Ln. Boise, Idaho 83704 City of Meridian City City of Meridian Attn: City Clerk 33 E. Broadway Ave. Meridian, Idaho 83642 THIS ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS ("Agreement") is entered into this date of April 22, 2025 ("Effective Date") by and between the Ada County Emergency Medical Services District ("District") and the City of Meridian("City") as an intergovernmental agreement as provided for in Idaho Code § 67- 8204A. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement, the Parties hereby mutually promise, covenant, and agree as follows: SECTION 1 DEFINITIONS For all purposes of this Agreement, the following terms have the definitions as herein provided in this Section unless the context of the term clearly requires otherwise: 1.1 Act: Means and refers to the Idaho Development Impact Fee Act, Chapter 82, Title 67, Idaho Code as it may be amended or restated from time to time. 1.2 Advisory Committee: Means and refers to the Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee, which shall serve as the development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the Capital Improvements Plan ("CIP") and any amendments, revisions, or updates of the same. ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 1 Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB 1.3 Agreement: Means and refers to this Ada County Medical Services District and City of Meridian Intergovernmental and Joint Powers Agreement Concerning Capital Improvements Plan for District System Improvements. 1.4 Board: Means and refers to the Board of the Ada County Emergency Medical Services District. 1.5 Capital Improvements Plan and/or CIP: Means and refers to the May 24, 2024 EMS Capital Improvement Plan and Development Impact Fee Study,which was prepared for the District and adopted by the Ada County Board of Commissioners. 1.6 City: Means and refers to City of Meridian, Idaho, Party to this Agreement. 1.7 City Council: Means and refers to the City Council of the City of Meridian, Idaho. 1.8 District: Means and refers to the Ada County Medical Services District, Party to this Agreement. 1.9 Party/Parties: Means and refers to the District and/or the City, as the Parties in this Agreement, depending upon the context of the term used in this Agreement. 1.10 Service Area: Means and refers to a service area as defined in the Act at Idaho Code § 67- 8203(26). Said Service Area shall encompass the entirety of Ada County, including all the incorporated cities. 1.11 System Improvements: Means and refers to capital improvements to public facilities designed to provide service to a service area as defined in the Act at Idaho Code § 67-8203(28). SECTION 2 PURPOSES&AUTHORITY 2.1 The purpose of this Agreement is to provide a structure that will enable,but not require,the City to adopt the CIP.The CIP is intended to promote and accommodate orderly growth and development,protect the public health,safety,and general welfare of residents countywide, and to further the best interests of the Parties. 2.2 Idaho Code § 67-2328 authorizes public agencies in Idaho to exercise jointly any power, privilege, or authority authorized by the Idaho Constitution, statute, or charter. The Parties, each being a public agency, hereby agree to exercise jointly their respective powers,privileges, and authorities in accordance with Title 67, Chapter 82, Idaho Code. 2.3 Idaho Code § 67-8204A provides that the District and City have authority to enter into an intergovernmental agreement for the purpose of developing joint plans for capital improvements. ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 2 Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB 2.4. The District is responsible for providing emergency medical services on a countywide basis. 2.5. The District is experiencing considerable growth and development, and the District's ability to provide emergency medical services is affected by said development. 2.6 The District has provided the City with the CIP, which was prepared in accordance with the requirements of Idaho Code § 67-8208 in consultation with the Advisory Committee as provided in Idaho Code §§ 67-8205 and 67-8206(2). 2.7 The Ada County Board of Commissioners has adopted the CIP in accordance with Idaho Code §§ 67-8206(3)and 67-8208(1). 2.8 The District has requested that the City adopt the CIP in accordance with the Act, and the City is willing to consider said request. The Parties acknowledge and agree, however,that the City Council cannot and shall not be bound by this Agreement to adopt the CIP. 2.9 That by reason above stated, the Parties have determined it is necessary and desirable to enter into this Agreement. SECTION 3 ADVISORY COMMITTEE 3.1 Advisory Committee. The Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee shall serve as the development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the CIP and any amendments, revisions, or updates of the same. 3.1.1 Administration and Staffing. The District,in cooperation with Ada County,shall provide for the administration and staffing of the Advisory Committee. Advisory Committee members shall be appointed in accordance with the requirements of Idaho Code § 67-8205. 3.1.2 Charge. The Advisory Committee is charged with the responsibilities set forth in Idaho Code § 67-8205(4). 3.1.3 Written Comments. The District shall cause the Advisory Committee to file its written comments concerning the CIP with the City on or before June 30, 2025, to provide the City with ample time to consider the CIP prior to the termination of this Agreement. ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 3 Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB SECTION 4 SERVICE AREA 4.1 Idaho Code § 67-8203(26) provides that the Parties can identify a geographic area by an intergovernmental agreement in which specific public facilities provide services to development within that geographic area on the basis of sound planning or engineering principles or both. 4.2 The CIP and this Agreement define the Service Area as the entirety of Ada County, including all the incorporated cities. SECTION 5 COSTS SPECIFIC TO DISTRICT 5.1 The District shall pay the following costs: 5.1.1 All costs associated with the Advisory Committee; and 5.1.2 All District costs associated with drafting this Agreement and any amendment or termination of the same; and 5.1.3 All costs associated with the District's performance of this Agreement; and 5.1.4 All legal costs and fees associated with any action brought by a third party concerning the validity of the CIP or this Agreement. SECTION 6 CITY COUNCIL ACTION 6.1 After the Advisory Committee files its written comments concerning the CIP with the City in accordance with the Act and Section 3.1.3 of this Agreement,the City shall consider the adoption of the CIP in accordance with the Act. 6.2 If the City adopts the CIP, the City agrees to consider the possibility of adopting a City ordinance concerning the countywide development impact fees delineated in the CIP, but only after (a) the Parties negotiate and agree on a new intergovernmental agreement for that purpose and(b)all the incorporated cities in Ada County have adopted(1)the CIP and (2) the ordinances necessary to implement countywide development impact fees. 6.3 The Parties acknowledge and agree that: 6.3.1 Nothing in this Agreement shall be construed as requiring the City to adopt the CIP; and ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 4 Docusign Envelope ID:BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year written above. Board of the Ada County Emergency Medical Services District DocuSigned by: By: L 902-RF464 6��� 4/22/2025 1 3:25 PM MDT R A Beek, Commissioner DocuSigned by: By: 4/23/2025 1 12:06 PM MDT Ryan Davidson, Commissioner DocuSigned by: -;4 --04 4/22/2025 1 3:58 PM MDT By: Thomas Dayley, Commissioner ATTEST: DocuSigned by: 4/23/2025 1 4:16 PM MDT Trent Tripple, Ada County Clerk City of Meridian By: Mayor Robert E. Simison 6-3-2025 ATTEST: Chris Johnson, City Clerk 6-3-2025 ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS —PAGE 7