The URL can be used to link to this page

Home My WebLink About02-06-17 CC Mtg - C4. Resolution 4757, Allocation of Additional TOPS FundingResolution 4757 – Additional TOP Funding for Path to the M Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – Manager of Trails, Open Space and Parks Design and Development Mitch Overton – Director of Parks, Recreation and Cemetery SUBJECT: Resolution 4757 – Allocation of Additional 2012 Trails, Open Space and Parks Bond funding for the Bicycle and Pedestrian Pathway to the “M” and Drinking Horse Mountain Project MEETING DATE: February 6, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4757 for the allocation of up to an additional $75,000 from the 2012 Trails, Open Space and Parks Bond fund for the Bicycle and Pedestrian Pathway to the “M” and Drinking Horse Mountain project. BACKGROUND: On October 28, 2013, Bozeman City Commission (Commission) approved Resolution 4484, which authorized the allocation of $600,000 from Trails, Open Space and Park Bond Funds for: “the Construction of a Pathway to the M and Drinking Horse Mountain and authorized the City Manager to enter into a Grant Match Agreement with the U.S. Department of Transportation’s Federal Land Access Program.” The required federal National Environmental Policy Act public input process and associated surveys and investigations were completed in order to develop a preferred trail alignment concept. The preferred trail alignment necessitated negotiations with five property owners along the trail corridor to obtain potential easements or right-of-way. Commission approved a contract with DOWL, LLC, a consultant certified in state right-of-way acquisition to proceed with the negotiations. Three of the five property owners have agreed to public trail access easements and two agreements have been executed thus far. The sections where easements cannot be obtained are indicated in dashed lines on the illustration below. These properties are located along Bridger Canyon Road, west of Creekwood Subdivision and comprise approximately 36% of the total trail length. Due to the inability to secure these two easements, a revised trail alignment must be pursued. The Federal Highways Federal Lands Access Program (FHWA-FLAP) consultant has provided four alternatives, each of which could be constructed within Montana Department of Transportation right-of-way along Bridger Canyon Road (Attachment A). 64 Resolution 4757 – Additional TOP Funding for Path to the M The reduced cost of the easements is offset by the revised estimated costs of utility relocation work within state right-of-way, as follows: The project partners, including Gallatin Valley Land Trust, Federal Highways FLAP project team, Montana Department of Transportation (MDT), and staff recommend pursuing the design of Alternative 2, which has an added cost of approximately $670,000 ($1,020,000 minus $350,000, the cost of the original alignment). Additional design fees and contingency are included in the revised project budget provided by the FHWA-FLAP project manager (Attachment B), which also credits the City’s cost expended for the DOWL contract (right-of- way work). The additional match amount estimated to be required is $68,717.43. As such, the amount requested is $75,000. The Trails, Open Space and Parks Committee unanimously recommended that Commission approve the allocation of an additional $75,000 in TOP funding at their meeting of December 22, 2016 (with all five members present) with the following motion: “Having considered all public input, staff recommendation, and other information received to date, I hereby recommend that City Commission allocate up to an additional $75,000 for re-alignment of the Path as needed to utilize available Land Owner Parcel Number Anticipated ROW costs Estimated utility costs Actual closing costs Revised utility cost estimate Lyman Creek LLC 023a, 23b $26,500 $8000 $27,000 Cameron Holt 024a $8,650 $8000 $9,236 $8,000 FPR Properties 025a, 025b $24,100 $8000 $31,850 $8,000 James and Janet Simmons 027a $29,400 $8000 $29,986 $8,000 Robert and Cynthia Crayton 028a $8,950 $8000 $15,000 Contingency $10,000 $10,000 Subtotal $107,600 $40,000 $71,072 $76,000 Combined Total $147,600 $147,072 65 Resolution 4757 – Additional TOP Funding for Path to the M rights-of-way for the Path to the M and Drinking Horse Mountain project.” (Motion by Starner, second by Gray.) UNRESOLVED ISSUES: An Encroachment Permit will need to be obtained from the state of Montana Department of Transportation in association with final design and engineering. ALTERNATIVES: Per Commission. FISCAL EFFECTS: The allocation of $75,000 from the TOP Bond will reduce the remaining unallocated balance to $1,054,534. ATTACHMENTS: Resolution 4757 Attachment A – Path Design Alternatives Attachment B – FLAP budget Report compiled on: January 31, 2017 66 COMMISSION RESOLUTION NO. 4757 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO AUTHORIZE ADDITIONAL FUNDING FROM THE 2012 TRAILS, OPEN SPACE AND PARKS BOND FUND FOR THE BICYCLE AND PATHWAY TO THE “M” AND DRINKING HORSE MOUNTAIN PROJECT. WHEREAS, Resolution 4484 approved and authorized funding in the amount of $600,000 for the Bicycle and Pedestrian Pathway to the “M” and Drinking Horse Mountain project; and WHEREAS, Commission authorized the City Manager to enter into a Grant Match Agreement with the U.S. Department of Transportation’s Federal Land Access Program; and WHEREAS, the required federal National Environmental Policy Act public input process and associated surveys and investigations were completed in order to develop a preferred pathway alignment concept, which necessitated negotiations with five property owners along the pathway corridor to obtain easements or rights-of-way; and WHEREAS, due to the inability to secure all of the necessary easements, a revised pathway alignment must be pursued; and WHEREAS, the project partners and staff recommend pursuing a design alternative which has an added cost of approximately $75,000. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 67 Section 1 Funding / Authority. The Commission hereby authorizes additional funding in the amount of up to $75,000 from the balance of the 2012 Trails, Open Space and Parks Bond fund to cover the additional costs for design and construction of the project as recommended by staff. Section 2 Amendment to Resolution 4484. This resolution serves to amend Resolution 4484 as delineated in Section 1 above. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of February, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: ___________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 68 ATTACHMENT A TRAIL TO THE M AND DRINKING HORSE MOUNTAIN – ALTERNATIVE ALIGNMENTS Trails, Open Space and Parks Committee Meeting – Dec. 22, 2016 City Commission Meeting – Feb. 6, 2017 69 70 ATTACHMENT B - Revised Phase I Budget Summary Program Budget Current expenditures Remaining Notes PE $570,000 $138,301 $25,000 Internal remaining costs (158600.06 in BI) T.O. RPA $473,800 For 0-95% Construction Estimate T.O. RPA $13,000 For redesign along MDT At 95% (5/16) $2,648,756.15 Est to complete $25,000 Update based on new design Cost Alt 1 $1,020,000.00 RA to City $149,000 (may be reduced) Current design -$350,000.00 CE $280,000 $280,000 Estimated based on CN reduced ROW $147,600.00 CN $2,800,000 CN Adjusted $3,318,756 Estimate with Alt 1 Contingency $280,000 $280,000 Estimated based on CN Updated Estimate $3,318,756.15 Sub Total $774,101 $3,928,756 Total $3,930,000 Match required $527,406 (13.42%) Cash Match Paid $527,406.00 Match through contract with DOWL $35,000.00 estimate Total $562,406.00 Remaining match(est) $68,717.43 $631,123 $4,702,857 71