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Home My WebLink About03-20-17 City Commission Packet Materials - C16. Resolution 4758, Cash In-Lieu from 23rd Ave to Sports Park 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 and Recreation SUBJECT: Resolution 4758 - Allocation of Cash-in-lieu of Park Land Dedication funds from 23rd Avenue Condominium (Z14125) to Bozeman Sports Park MEETING DATE: March 20, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the allocation of $25,092.00 received as cash-in-lieu of park land dedication from the 23rd Avenue Condominium development toward construction of site improvements for Phase I of the Bozeman Sports Park. BACKGROUND: Resolution No. 4521 was unanimously approved by the Commission April 14, 2014 for the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $7,500,000, “for the acquisition of park land and development of the Bozeman Sports Park Project (“Sports Park”). The resolution allocated up to (i) $2,100,000 for the acquisition of approximately 80 acres of park land; (ii) up to $1,788,000 for infrastructure improvements as stated in the Commission motion adopted April 7, 2014; and (iii) the remainder of the $7,500,000 for park development and construction through a yet to be completed park master plan.” The land purchase was completed in 2014 for $2,022,413 leaving $3,689,587 for design and construction of park improvements, reserving the $1,788,000 for infrastructure. DOWL, LLC was hired to perform the design and engineering for the park in May 2015. A public input process including two public meetings, several working group meetings, and an online survey provided guidance for the Bozeman Sports Park master plan. The Recreation and Parks Advisory Board recommended the master plan for approval on February 11, 2016. The Development Review Committee completed its review on April 27, 2016 and Commission approved the Bozeman Sports Park master plan on July 11, 2016. A contract with Dick Anderson Construction, Inc. as General Contractor / Construction Manager was approved on May 23, 2016. Section 38.27.030 of the Unified Development Code specifies the criteria for accepting cash-in- lieu of park land dedication: 289 Sec. 38.27.030. - Cash donation in-lieu of land dedication. A. The review authority may determine whether the park dedication must be a land dedication, cash donation in-lieu of land dedication or a combination of both. When making this determination, the review authority shall consider the following: 1. The desirability and suitability of land for parks and playgrounds based on size, topography, shape, location or other circumstances; and 2. The expressed preference of the developer. 3. Location of the site within the B-3 zoning district. The city commission has determined that cash-in- lieu of land dedication is the default method to satisfy the requirements of 38.27.020.A within the B-3 zoning district. The approval authority of a development within the B-3 zoning district is as governed by 38.34.010. A letter (Attachment A) was received from the attorney representing the developers of the 23rd Avenue Condominiums (Thunderbolt Properties, LLC, and Scott Johnson and John Rosa) requesting “that the Cash-in-Lieu of Parkland Dedication in the amount of $25,092…provided to the City with the Final Site Plan Application on February 10, 2016, be used for the Bozeman Sports Park Athletic Complex.” This funding line item was included in the Commission memorandum when the Bozeman Sports Park Master Plan was adopted by Commission July 11, 2016. Staff is in support of utilizing this funding for the Sports Park. The Recreation and Parks Advisory Board recommended Commission approve the allocation of $25,092 from cash-in-lieu of parkland dedication funds to construction of the Bozeman Sports Park as requested by the developer of the 23rd Avenue Condominium project by vote of 5 in favor and 1 against. Phase I construction will include a minimum of 4 fields, parking, stormwater detention, a wayfinding station (informational kiosk) and restroom building (funded by a 2016 Land and Water Conservation Fund grant) with vending (pending donation), landscaping and irrigation. Additional fields are expected to be funded through donations via the Bozeman Sports Park Foundation. The City will manage construction of all improvements in consort with Dick Anderson Construction as General Contractor-Construction Manager. A summary of project funding, expenditures, and construction budget is as follows: SPORTS PARK BUDGET TOP allocation $7,500,000 Other revenues Farmer rental $5,200 L&WCF grant $125,000 Rosa CIL $25,092 BSPF - vending building (pending) $100,000 TOTAL $7,755,292 EXPENSES ROW INFRASTRUCTURE $1,788,000 LAND COSTS $2,016,388 Surveys $6,660 D&E - DOWL TO #1 (completed) $253,480 TO#2 - Phase I CDs (estimate) $200,000 TO#3 – Construction admin. (estimate) $50,000 290 Transp. Impact Analysis (Morrison-Maerle) $18,725 REVIEW FEES Annexation & Zoning $75 Informal DRC $265 Master Site Plan $1,785 DEQ, DNRC, SWPPP, etc. (est.) $5,000 DEQ Sub Exemption app & review (est.) $5,000 COB Building permit fees (est.) $10,000 GCCM fee (GC + pre-con + 5.5% of $3M) $415,500 Other - advertising, utilities, etc. (est.) $10,000 $4,862,878 BALANCE $2,892,414 Contingency (10%) $289,241 CONSTRUCTION BUDGET $2,603,173 Phase I Site Improvements Cost Estimate: Irrigation pipeline re-alignment Site grading and utilities Parking lot and sidewalks Wayfinding Station / Restroom / Vending Sport fields (4) Other landscaping and Irrigation TOTAL PHASE I ESTIMATE $300,000 500,000 200,000 300,000 1,000,000 250,000 $2,600,000 Bids for the irrigation pipeline relocation portion of Phase I are due December 13th and construction will be completed by May of 2017. The remainder of Phase I work will be bid out in early 2017 with construction taking place through mid-2018. Flanders Mill, Baxter, and Oak road design work is being coordinated by Public Works. City engineering, community development, and parks department staff will continue to hold project status meetings to ensure that road and infrastructure design and construction in the rights-of-way surrounding the park, as well as improvements on adjacent properties being developed, are well coordinated. UNRESOLVED ISSUES: Planning for surrounding road infrastructure and irrigation water conveyance is proceeding. The irrigation storage pond will be constructed with a later phase. ATTACHMENT: Resolution 4758 and letter from developer ALTERNATIVES: Per Commission. FISCAL EFFECTS: Authorization of this funding will help fund site improvements included in Phase I. Report compiled on: March 10, 2017 291 COMMISSION RESOLUTION NO. 4758 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ALLOCATING $25,092 FROM CASH-IN-LIEU OF PARK LAND DEDICATION FUNDS TO THE BOZEMAN SPORTS PARK PROJECT WHEREAS, Resolution No. 4521 unanimously approved by the Commission on April 14, 2014 allocated Trails, Open Space and Parks (“TOP”) bond funding in an amount not to exceed $7,500,000, “for the acquisition of park land and development of the Bozeman Sports Park Project (“Sports Park”); and WHEREAS, Section 38.27.030 of the Unified Development Code specifies the criteria for accepting cash-in-lieu of park land dedication; and WHEREAS, the developer of the 23rd Avenue Condominium project has requested that the cash-in-lieu of park land dedication amount of $25,092 accepted by Commission under its approval of said project be allocated to the Sports Park ; and WHEREAS, the Recreation and Parks Advisory Board unanimously recommended that $25,092 from cash-in-lieu of park land dedication funding be allocated to the Sports Park; and WHEREAS, the Sports Park is a community park facility and is therefore eligible for the allocation of cash-in-lieu of park land dedication funds from any development within the City of Bozeman; 292 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the Commission hereby approves the allocation of $25,092 from cash- in-lieu of park land dedication funding to the Sports Park. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of March, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 293 Attachment A294 295 296