HomeMy WebLinkAbout2-1-12 ADDENDUM to Action item 4. Consideration of using cash-in-lieu of parkland to purchase property rj
* • Commission Memorandum
ADDENDUM -ADDED 2-1-12
CO.
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Dingman, Parks and Recreation Director
SUBJECT: Addendum to Staff Report (incorporating findings regarding Bozeman
Municipal Code Section 38.27.030.F, Use of Cash Donations) to Authorize use of$78,000 of
cash-in-lieu of parkland funds for the purchase of property at 905 South Church and direct
commencement of process to purchase property Bozeman Municipal Code Section 38.27.030.F,
Use of Cash Donations.
MEETING DATE: February 6, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: N/A. See previous staff memorandum.
BACKGROUND: On January 26, 2012, I submitted a memorandum recommending the
Commission authorize the use of $78,000 of cash-in-lieu of parkland funds for purchase of
property at 905 South Church and direct commencement of process to purchase the property.
For the required findings, I directed you to the statutory provisions regarding use of cash-in lieu
of parkland funds (see Findings at 3 (pg. 4 of memo). Please note the Bozeman Municipal Code
(BMC), Section 38.27.030.F, Use of Cash Donations also contains provisions that must be
addressed as you consider this action item. The BMC provisions are essentially identical to the
statutory requirements I cited in the original memo (Sect. 76-3-621(5), MCA).
Section 38.27.030.F, BMC, states;
F. Use of cash donations.
1. The city shall use a cash donation for development or acquisition of parks to
serve the development.
2. The city may use the cash donation to acquire or develop parks or
recreational areas within its jurisdiction or for the purchase of public open space or
conservation easements, only if
a. The park, recreational area, open space or conservation easement is
within a reasonably close proximity to the proposed development; and
b. The city commission has formally adopted a citywide park plan that
establishes the needs and procedures for use of the cash donation.
An additional finding for your consideration is that Subsection (2)(a) and (b) are both met
as illustrated by the discussion included in the findings section (3) of the initial staff
memorandum.
No additional action is necessary to incorporate this finding into your motion as this
memorandum will be considered part of the record.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments: None
Report compiled on: 2-1-12