Sparks City Council Meeting 2/10/2020 2:00:00 PM

    Monday, February 10, 2020 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th Street, Sparks, NV

General Business: 9.4

Title: Consideration, discussion, and possible authorization to refund to the Washoe County School District impact fees collected for the John C. Bohach Elementary School building permit in the amount of $314,422.76.
Petitioner/Presenter: Washoe County School District/Jon Ericson, P.E., City Engineer
Recommendation: Staff recommends that Council approve a refund of the impact fees on this permit.
Financial Impact: Regional Road Impact Fee in the amount of $245,536.76 will be refunded from Account 201355, KSA 6600, Program 6600-100; Impact Fees Service Area No. 1 (IFSA No. 1) Fire Station Projects $30,444.00, Account 402240, KSA 130236, Program 30236; IFSA1 Flood Control in the amount of $31,304.00, Account 402220, KSA 130230, Program 130230; IFSA1 Sanitary Sewer in the amount of $7,138.00, Account 402250, KSA 130232, Program 130232
Business Impact (Per NRS 237):
     A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The Washoe County School District was incorrectly assessed the Regional Road Impact Fee and Impact Fees for Service Area No. 1 associated with the building permit for construction of John C. Bohach Elementary School. Per NRS 278B.160, all property owned by a school district is exempt from the requirement of paying impact fees imposed subject to NRS 278B.  Sparks Municipal Code section 15.05.107.7.1 provides the City Council the authority to refund any fee which was collected in error.  



Background:

City staff assesses all associated impact fees for new buildings except for property owned by the Washoe County School District.  The John C. Bohach Elementary School building permit (#SBLD18-23719) was mistakenly assessed impact fees for both the Regional Road Impact Fee (RRIF) and Impact Fee Service Area Number 1 (IFSA No. 1). NRS 278B.160 prohibits any property owned by the school district from paying impact fees. 



Analysis:

The City of Sparks collects RRIF fees on building permits for increased traffic impacts and transfers the collected funds to the Regional Transportation Commission (RTC) on a quarterly basis. The RRIF portion of this refund will be paid from the RRIF cash collected and will not need to be reimbursed from RTC directly.  The IFSA No. 1 refunds will be returned from the respective IFSA No. 1 accounts.

To eliminate this type of collection error in the future, when a record in Accela is created it will have an Address/Parcel/Owner added through a GIS lookup. If the linked owner is the “WASHOE COUNTY SCHOOL DISTRICT” select fees will not be charged.  



Alternatives:
  1. The City Council could approve the refund as outlined by staff.
  2. City Council could reject the proposed refund and provide direction to the City Manager.


Recommended Motion:

I move to approve a refund to the Washoe County School District of impact fees collected for the John C. Bohach Elementary School building permit in the amount of $314,422.76.



Attached Files:
     01 - WCSD Impact Fee Refund - GAM.pdf
     02 - WCSD Impact Fee Refund - NRS 278B.160.pdf
Previous Item
Next Item
Return To Meeting