Placement: Unfinished Business
Action Requested: Motion / Vote
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Revised Parks Impact Fee Interlocal Agreement Between the City of Port St. Lucie and St. Lucie County
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Submitted By: Russ Blackburn, City Manager
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): The City and the County entered in the Conflict Resolution process in July 2021 regarding County Roads and Parks Impact Fees. Mediation resulted in a proposed Parks Impact Fee Interlocal Agreement for the City Council to consider. On October 24, 2022, the City Council approved the proposed Parks Impact Fee Interlocal Agreement, subject to section 3.k the Agreement being stricken and providing for publications to include the County’s seal. On November 1, 2022, the Board of County Commissioners for St. Lucie County (the “Board”) considered the Parks Impact Fee Interlocal Agreement. The Board agreed to the proposed Agreement, subject to language being added to the Agreement regarding County residents being able to use and enjoy Tradition Regional Park, Torino Regional and the Softball Fields on the same basis and cost as City residents. If adopted, the City would begin collecting St. Lucie County’s Parks Impact Fee in thirty (30) days.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the Revised Parks Impact Fee Interlocal Agreement between the City and the County.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Revised Parks Impact Fee Interlocal Agreement between the City and the County.
2. Move that the Council not approve and provide staff direction.
Background: The City of Port St. Lucie terminated the Roads and Parks Impact Fee Interlocal in December 2020.
Some of the responsibilities of the City in the Interlocal are for the City to: collect the County’s Parks Impact Fee, provide the County with monthly and annual fee payment records and appliable procedures, coordinate with the County on the proper classification of uses and on refunds, remit to the County one hundred percent (100%) of all funds collected as the Parks Impact Fee, after the deduction of the collection fee of four (4%) percent.
The City will provide notice of any applicant proposing to use County credits to cover the County Parks Impact Fee, but is otherwise not responsible for verifying or allocating County credits.
Some of the County Responsibilities as described in the Interlocal Agreement are to: allocate $4,000,000.00 to the City for use to construct Torino Regional Park, allocate $1,000,000.00 to the City for use to construct softball fields for use by County and City residents, provide for annual written reporting, advise the City on land use and change of use determinations and fee exemptions, administer credits and refunds. The County will also provide the City with 60 days’ written notice of any changes to the County’s Ordinance and will not change the fee schedule unless there is an update to the County’s Impact Fee Study or the commission of a new study. The County has further agreed that no impact fee, including the Parks Impact Fee schedule, will be increased more than once every four (4) years and that any change to the fee schedule will apply uniformly in the City and in the unincorporated County.
In addition, the Interlocal Agreement addresses the use of Parks Impact Fees for future and past revenues:
• Future Revenues. Expend or encumber Parks Impact Fee funds collected by the City and remitted to the County within seven (7) years from the date collected to pay for land acquisitions or to design, engineer, or construct all or part of the parks improvement projects set out below, including the payment of any debt service which are related to such projects. The County shall determine the allocation of Parks Impact Fee funds to the following parks projects identified in the City’s and the County’s Parks Master Plan, excluding professional sports facilities and Clover Park:
i. Aquatics facilities,
ii. Land Acquisition,
iii. Oxbow Eco-Center,
iv. Ravenswood Pool improvements and/or expansion,
v. St. Lucie South County Regional Sports Complex,
vi. The Port St. Lucie Port District,
vii. Torino Regional Park,
viii. Tradition Regional Park,
ix. Trails acquisition, development,
x. County beaches,
xi. County Fairgrounds, including the proposed Adventure District,
xii. River Park Marina,
xiii. Lawnwood Regional Park, or
xiv. Any County or City regional park or Special Recreation Area not listed above that is located within the South, Central, or Island Benefit Zones.
• Reserves. Within five (5) years from the Effective Date, the County further agrees to expend or encumber on the parks projects listed above, those Parks Impact Fee funds which were previously collected by the City and which are currently held in the County’s Parks Impact Fee Account which totals approximately Eleven million nine hundred thousand and 0/100 dollars ($11,900,000.00) as of the Effective Date (the “Reserve Park Fund Account”). The County further agrees that in the event funds in the Reserve Fund Account are used to pay for a park improvement listed above, and the County is subsequently reimbursed those funds, that the County will deposit those reimbursed funds into the Reserve Fund Account to be used on the park improvements identified in Section 3.f. above.
The Interlocal Agreement requires staff from the County and City to meet annually to discuss the status of each party’s master plan and capital improvement plan.
There are mutual rights of review and indemnifications.
The Interlocal Agreement is set to expire in 5 years from the date that it is recorded in the public records, and can be terminated by both parties if they agree to terminate; or if imposition of the Parks Impact Fee is not allowed by state law; or upon a breach of the Interlocal Agreement by a party, and failure to cure the breach within a reasonable time period, not to exceed sixty (60) days from the receipt of written notice of the breach.
The Interlocal Agreement provides for the City Manager and County Administrator to meet no later than 6 months prior to expiration to discuss renewing the Interlocal Agreement and gives them the authority to agree to one 6-month extension as may be necessary to complete the renewal process. Renewal requires approval of both governing bodies.
Issues/Analysis: N/A
Financial Information: The County has agreed to provide the City $4,000,000.00 to assist in funding the construction of Torino Regional Park, pursuant to the Funding Agreement attached as Exhibit C to the Interlocal Agreement and has agreed to provide the City with $1,000,000.00 to assist in funding the construction of softball fields, pursuant to the Funding Agreement attached as Exhibit D to the Interlocal Agreement.
Special Consideration: The Revised Parks Impact Fee Interlocal Agreement provides that the City agrees all residents of the County will be able to use and enjoy Tradition Regional Park, Torino Regional Park and the Softball Fields on the same basis and cost as residents of the City.
If the revised Park Impact Fee Interlocal Agreement is not acceptable to the Council, the County’s position is that the conflict resolution process is concluded and the County will continue to collect its park impact fee as it has been for the past year.
Location of Project: N/A
Attachments:
1. Revised Parks Impact Fee Interlocal Agreement
2. Exhibit A to Interlocal Agreement - County Park Impact Fee Benefit Zones
3. Exhibit B to Interlocal Agreement - County Park Impact Fee Schedule
4. Exhibit C to Interlocal Agreement - Revised Torino Regional Park Funding Agreement
5. Exhibit 1 to Torino Regional Park Funding Agreement - Torino Regional Park Site
6. Exhibit 2 to Torino Regional Park Funding Agreement - Proposed Potential Improvements to Park
7. Exhibit D to Interlocal Agreement - Revised Softball Field Funding Agreement
NOTE: All the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 6117
LEGAL SUFFICIENCY REVIEW:
Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.