HomeMy WebLinkAboutHearing for Resolution 4521, allocation of $7,500,000 from TOPS bond fund for Bozeman Sport Park_19 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Jeff Graff, Trails, Open Space and Parks Program Manager
Mitch Overton, Parks and Recreation Director
Chris Kukulski, City Manager
SUBJECT: Resolution 4521 authorizing allocation of up to $7,500,000 from the Trails, Open
Space and Parks Bond Fund for a Bozeman Sports Park
MEETING DATE: April 7, 2014
AGENDA ITEM TYPE: Action
RECOMMENDATION: The Trails, Open Space and Parks Committee (TOP Committee) and city staff recommend that the Bozeman City Commission adopt Resolution 4521 providing
funding from the Trails, Open Space and Parks (TOP) Bond Fund for the Bozeman Sports Park
Project contingent upon further approval by the Commission of a Purchase Contract and
Memorandum of Understanding.
SUGGESTED MOTION: Having considered public comment, materials presented by staff, and
the application and supporting documents from the Bozeman Soccer Education Foundation and
the Gallatin Valley Lacrosse League, I hereby move to adopt Resolution 4521 providing Trails,
Open Space and Parks Bond funding for the Bozeman Sports Park in an amount not to exceed
$7,500,000; allocating up to $2,100,000 for the acquisition of up to approximately 80 acres and allocating up to $2,500,000 for infrastructure improvements, with the remainder to be allocated
for park development and construction as identified through a future park master plan.
BACKGROUND: Attached to this memorandum you will find 1) Resolution 4521 2) the Bozeman Soccer
Education Foundation’s (BSEF) application, 3) a detailed Staff Report with attachments
including the TD&H Engineering report, 4) a report from the TOP committee and 5) TOP Committee Meeting Minutes. Supporting documents provided by BSEF and which are referenced in this memorandum and the attached staff report and application are also located at
weblink.bozeman.net/WebLink8/0/fol/57887/Row1.aspx
I. TOP Program Overview On July 16, 2012, the City Commission passed Resolution 4386 which submitted to the electors
of the city of Bozeman, the question of issuing general obligation bonds in the amount of up to
fifteen million and no/100 dollars ($15,000,000.00). The use of said bond funds were noted to be
for the purpose of “on open space lands, designing, constructing or equipping trails, parks and
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natural areas or multi-use recreational fields and facilities, or for the use in the preservation or
enhancement of water quality, and paying the costs of acquiring rights to or interests in or
improving open-space lands in or near the city…”
On November 6, 2012, the electors approved the above question of issuing general obligation
bonds for the purposes stated. Furthermore, Resolution 4386 (Section 1.02 Commission
Findings, subsection L) authorized the Commission to “designate an advisory board or
committee to assist in the establishment of such guidelines and to review and make
recommendations to the Commission on proposals for use of funds.”
The City Commission created the Trails, Open Space and Parks Committee (TOP Committee) on
March 18, 2013 with the adoption of Ordinance 1857 and appointed the TOP Committee on
April 15, 2013. On September 9, 2013 the City Commission approved Resolution 4471 creating
the Application Procedure and Evaluation Criteria for TOP Committee recommendation of TOP Bond funding.
II. Bozeman Sports Park Proposal
The Bozeman Soccer Education Foundation (BSEF) and the Gallatin Valley Lacrosse League (GVLL) “the Applicants” in their application to the Trails, Open Space and Parks (TOP)
Program, dated January 31, 2014, propose the development of a Sports Park with multi-use
sports, recreational fields on a property to be purchased by the City. The proposed recreational
fields would be planned primarily as soccer and lacrosse fields but could be used for other sports.
The Applicants propose a “multi- phased” approach to the project which includes three distinct phases. Phase I includes the purchase of approximately 80 acres of land by the City of Bozeman
east of Flanders Mill Road between Baxter Lane and Oak Street, as well as on-site development
of eleven playing fields and facilities and improvements in support of those playing fields.
Phases II and III, which are not included in the budget with the application, propose the creation
and management of additional playing fields and facilities through the private philanthropic efforts of a foundation done in partnership with the City. The Applicants’ budget for Phase I
estimates the total project cost to be between; $9,442,200 and $7,490,645 (which includes the
purchase price of the land for $2,070,000 and park design and construction costs estimated to be
between $7,372,200 and $5,420,645) (see attached Staff Report, Sections 1 and 9). The
Applicants initially proposed providing $500,000 in matching funds toward the total cost of the project. At the final TOP’s Committee meeting, the applicants suggested that the total project
cost might be $8,000,000 and requested $7,500,000 in total TOP funding for the project from
the TOP Committee and proposed to provide $500,000 in matching funds in addition to the
$7,500,000 requested. The application does not include the cost of development of off-site
improvements (municipal improvements) necessary to provide access to the proposed site (see attached Staff report, Section 6.1.1, TD&H Engineering Report attachment).
III. Project Considerations
This project requires the City accepting assignment of an existing purchase and sale agreement entered into between the Bozeman Soccer Education Foundation (see attached Application,
Appendix D) and the Estate of Vesta Anderson and Baxter Ranch Holdings, LTD for the
purchase of the proposed 80 acre site, or the execution of a new purchase and sale agreement
between the City and the Seller. Given the April 30, 2014 expiration date on the current
purchase and sale agreement and the significant number of title issues that need to be resolved prior to conveyance (described in detail in the attached Staff Report and summarized in the
contingencies of the Resolution 4521) an extension to the contract will need to be granted by the
seller.
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Additionally, in order to provide access to the proposed site, the project will require offsite
municipal improvements. The cost of municipal improvements was not included in the budget
for this project. The cost and extent of municipal improvements required for this project are identified in the attached Staff Report in section 6.1 and described in detail in the engineering
report from TD&H Engineering, which is an attachment to the Staff Report.
Furthermore, while the Applicants initially proposed $500,000 in matching funds in support of
the project, a Memorandum of Understanding (MOU), describing in greater detail, the financial and in-kind contributions proposed by the Applicants, should be developed and executed
between the Applicants and the City prior to beginning the Park Master Planning Process and
Site Plan Review.
In their initial application to the TOP program dated January 31, 2014, the Applicants identified the total project cost for Phase I as $9,442,200 (which included $2,070,000 to be applied for the
purchase of land and $7,372,000 to be used for design and construction of the park). In their
initial application, the Applicants requested $8,942,200 in TOP funding and proposed providing
$500,000 in matching funds obtained via future fund raising efforts that would be undertaken if
the Commission approved the purchase of the property. On March 5, 2014 the Applicants provided an adjusted “low end” budget to City staff which proposed a total project cost of
$7,490,645 for Phase I (See Staff Report, Section 9.3).
IV. Committee Recommendation
At the final TOP Committee meeting on March 20, 2014, the Applicants, as part of their
presentation, asked the TOP Committee for a total of $7,500,000 in TOP funding to fund both
the purchase of the property and the park design and construction. The Applicant stated that they
would provide $500,000 in matching funds (in addition to the $7,500,000), which would be obtained via future fundraising if the City purchased the property. After considering the
Applicants’ proposal, the Committee passed a unanimous motion to recommend that the City
Commission provide up to $7,500,000 in funding for the project and allocate up to $2,100,000
for the purchase of the land and allocate up to $2,500,000 to be used for the cost of municipal
infrastructure, with the remainder to be used for Park Design and Construction (See attached draft Committee Meeting Minutes dated 3.20.14).
NEXT STEPS: If the Commission approves funding for this project as described in Resolution
4521, prior to the City agreeing to take assignment, the City Staff, the buyer and the Seller will work to resolve the title issues outlined in the contingencies to Resolution 4521or the City will
attempt to renegotiate the contract. If all of the contingencies outlined in the Resolution can be
satisfied and the City is able to purchase the property, City Staff will then engage the Applicants
to develop a Memorandum of Understanding (MoU) detailing the financial and in-kind
contributions proposed by the Applicants prior to beginning the Park Master Planning process.
UNRESOLVED ISSUES: Many of the title issues outlined in the attached Staff Report and the
contingencies section to Resolution 4521 need to be resolved in order to close on the property,
including but limited to, acquiring from the Seller at closing water rights appurtenant to the real property in a manner and form acceptable to the City Attorney and of such volume and
accessibility so as to sufficiently irrigate the project at full build out as depicted in the
application, satisfaction to the City, that upon the transfer of water rights at closing, the City will
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have adequate legal access to transfer water to the project, satisfaction and release of the existing
tax lien filed by the Internal Revenue Service, and the completion and recording of a boundary
relocation creating the parcel the City will acquire. Other items mentioned in Section 1 of
Resolution 4521 must also be addressed prior to the City agreeing to accept assignment of the contract.
ALTERNATIVES: As directed by the City Commission
FISCAL EFFECTS: The Trails, Open Space and Parks Bond Fund would be diminished by
$7,500,000. Furthermore, once the Bozeman Sports Park is complete it will require that
additional resources be allocated toward the maintenance and upkeep of the newly acquired
parkland and associated amenities.
Should the Commission approve this project; the next steps will require staff time from the Parks
and Recreation, Administrative Services, and Legal departments.
To date $6,637,795 of TOP Bond proceeds have been expended or encumbered on projects and services, including the Trail to the M, Bozeman Ponds, the Bozeman Creek Enhancement Project
at Bogert Park and the Story Mill Community Park. The current unallocated balance is
$8,362,205. City staff recently received an application requesting $150,000 in TOP funding for
proposed, additional improvements to Bozeman Creek. Staff has also recently had discussions
with several other applicants regarding possible TOP projects.
Attachments: Resolution 4521 Application Staff Report
TOP Committee Report
TOP Committee Meeting Minutes
Report compiled on: March 28, 2014
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Page 1 of 7
COMMISSION RESOLUTION NO. 4521
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, TO FUND THE BOZEMAN SPORTS PARK, FROM MONIES WITHIN
THE TRAILS, OPEN SPACE AND PARKS BOND FUND.
WHEREAS, in Resolution No. 4386 the City Commission committed to the
designation of an advisory board or committee to review and make recommendations to the
Commission on proposals for use of Trails, Open Space, and Parks bond fund (TOP Bond Fund)
as said fund was approved by the voters of the City of Bozeman on November 6, 2012; and
WHEREAS, on April 15, 2013 the Bozeman City Commission appointed the Trails,
Open Space and Parks Committee (TOP Committee) to assist the City Commission with the
duties stated within Resolution No. 4386; and
WHEREAS, the TOP Committee has reviewed and scored the Bozeman Sports Park
(the “Project”) as shown in the application presented by the Sports Park Committee dated
January 31, 2014 (the “Application”) utilizing the City Commission approved evaluation criteria
established within Resolution No. 4471 and found that the Project collectively scored on average
more than five affirmative evaluations on the Rough Cut Matrix and on average over 60% of the
total points possible on each of the Community Benefit Matrix and the Multi-Use Recreation
Fields and Facilities; and
WHEREAS, this Project aligns and is consistent with goals set forth in the City of
Bozeman Parks, Recreation Open Space and Trails (PROST) plan; and
WHEREAS, this Project fulfills goals set forth in the Bozeman Community Plan by
providing for accessible, desirable, and adequately maintained public parks, open spaces, trail systems, and recreational facilities for residents of the community.
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Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 2 of 7
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Approval of Funding/Authority. The Commission hereby authorizes allocating funds from the
TOP Bond Fund for the Bozeman Sports Park (the “Project”) in the total amount not to exceed
$7,500,000 (seven million five hundred thousand dollars). Of the $7,500,000, the Commission
allocates up to: (i) $2,100,000.00 (two million one hundred thousand dollars) for the acquisition
of up to approximately 80 acres more or less of land generally located north of a future West Oak
Street alignment, south of Baxter Road, east of a future extension of Cottonwood Road, and west
of Flanders Mill Road as more particularly described as the northern portion of Certificate of
Survey 2554A north of the to be constructed western alignment of Oak Street, as such COS is on
file and of record with the Gallatin County Clerk and Recorder as depicted on Exhibit A; (ii) up
to $2,500,000 (two million five hundred thousand dollars) for infrastructure improvements as
indicted in the Report from Thomas, Dean and Hoskins Engineering (TD&H) titled “ Concept-
Level Infrastructure Cost Estimates at Potential TOP Sports Complex” dated March 2014; and
(iii) the remainder up to the $7,500,000 allocated to be used for park development and
construction as identified through a yet to be completed park master plan.
Authorization of funds under this Resolution is contingent upon the following:
1. The City, as determined by the City Manager, either: (i) accepting assignment of an
existing purchase and sale agreement entered into between the Bozeman Soccer
Education Foundation (attached hereto as Exhibit B) and the Estate of Vesta Anderson
and Baxter Ranch Holdings, LTD (collectively referred to as the “Seller”); or (ii) the
execution of a new purchase and sale agreement between the City and the Seller.
Prior to the City agreeing to accept assignment or enter into a new purchase and sale
agreement the following must be completed to the satisfaction of the City Attorney:
a. The City acquiring from the Seller at closing water rights appurtenant to the real
property (or other interests in water) in a manner and form acceptable to the City
Attorney and of such volume and accessibility so as to sufficiently irrigate the
Project at full build out as depicted in the Application;
b. Satisfaction of the City Attorney, that upon the transfer of water rights at closing,
the City will have adequate legal access to transfer water to the Project through
the Farmer’s Canal, Baxter Creek, and/or the Maynard border ditch and pipeline;
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Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 3 of 7
c. The City acquiring all rights, title, and interest to irrigation infrastructure fixed to
the real property deemed necessary by the City to provide irrigation to the
Project;
d. The completion and recording of a certificate of survey or other document, to the
satisfaction of the City Attorney, creating the parcel the City will acquire;
e. Agreement by the Seller to extend the date for closing as listed in the current
purchase and sale agreement from April 30, 2014 to June 30, 2014, said extension
being necessary to address the contingencies expressed in this section;
f. Evaluation of a soils analysis and water needs study by the Parks and Recreation
Department and acceptance of such report and conditions by the Director of the
Parks and Recreation Department;
g. Evaluation of a Phase I environmental assessment by the Parks and Recreation
Department and acceptance of such report and conditions by the Director of the
Parks and Recreation Department;
h. Transfer of the property from the Seller to the City must occur via warranty deed;
and
i. A determination by the City Attorney that all title issues have been adequately
addressed or will be adequately addressed prior to closing, including complete
satisfaction and release of the existing tax lien filed by the Internal Revenue
Service.
The $10,000 in earnest money provided to the Seller by the Soccer Education
Foundation, Inc. shall be negotiated by the Director of Parks and Recreation as part of an
agreement pursuant to item two, below.
Should the above conditions be met, the City Manager is hereby authorized to take all
steps necessary to accept assignment or negotiate a new purchase and sale agreement.
Final authorization for the purchase and sale agreement shall be made by the Bozeman
City Commission.
2. The City entering into a binding agreement with representatives of the soccer, lacrosse,
or other sports communities describing the financial and in-kind contributions proposed
in the Application. The City may close on the purchase of the real property identified
herein prior to execution of a binding agreement. Except as may be determined by the
City Commission, the binding agreement must be in place prior to authorization of any
funds beyond those related to the purchase the real property, the development of water
rights and related water infrastructure, and other acts of the Commission such as
amendments to the City’s impact fee capital improvements program.
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Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 4 of 7
3. The City Commission considering and approving amendments as necessary to the City’s
Transportation Impact Fee Capital Improvements Program for the offsite infrastructure
related to Baxter Lane, the extension of Oak Street and Cottonwood Road, and the
improvement to the intersection of Durston and Cottonwood roads. The City may close
on the purchase of the property prior to considering and approving such amendments.
4. The City Commission considering and approving amendments as necessary to the City’s
Water Impact Fee Capital Improvements Program for the infrastructure related to Baxter
Lane, Oak Street, and Cottonwood Road. The City may close on the purchase of the
property prior to considering and approving such amendments.
5. The City Commission considering and approving amendments as necessary to the City’s
Sewer Impact Fee Capital Improvements Program for the offsite infrastructure related to
infrastructure for Baxter Lane and Cottonwood Road. The City may close on the
purchase of the property prior to considering and approving such amendments.
Section 2
The Commission hereby concurs with the determinations of the TOP Committee for the Project
and finds the Project meets or exceeds the requirements for TOP Bond Funding as established in
Resolution No. 4471. The Commission finds the Project included in this Resolution fulfills the
intent, findings, policy, and purposes of the Open Space Land and Voluntary Conservation
Easement Act (Title 76, Chpt. 6, MCA) (the Act). Any real property acquired using TOP Bond
proceeds pursuant to this Resolution is hereby designated as open space land for purposes of
compliance with the Act.
Section 3
Project: The primary goals of the Project are:
• Create a +/- 80 acre Sports Park on property to be purchased by the City that would
include multi-use recreational fields as well as on-site improvements in support of such
playing fields.
• Pursue continued development and construction of additional sports fields and facilities
on the City owned property beyond the scope funded by TOPs via private, philanthropic
efforts in partnership with the City.
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Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 5 of 7
Section 4
Title and Administration. The City of Bozeman will own, manage and maintain the completed
Project and any and all site amenities associated with the Project. The completed Project will be
managed and maintained by the City Department of Parks and Recreation. The City may enter
into contracts with other persons or entities for development or management of any aspect of
developing the Project.
Section 5
Funding. The total cost of the initial phase of the Project is estimated at $7,500,000. Additional
costs have been identified to bring the project to completion. The TOP Committee recommends
up to $7,500,000 in Top Bond funding. The Sports Park Committee has committed to providing
matching funding in an amount to be determined in a Memorandum of Understanding between
the City and the applicants. The Sports Park Committee’s commitment will be memorialized in a
binding agreement to be approved by the City Commission prior to expenditure of any funds
under this Resolution as stated in section one, above.
Section 6
TOP Committee Evaluation. A majority of the TOP Committee approves the use of TOP Bond
Funds for the Project. The TOP Committee scores are as follows:
TOP - ROUGH CUT MATRIX: Bozeman Sports Park
Criterion Mbr 1 Mbr 2 Mbr 3 Mbr 4 Mbr 5 Total
Yeses
Ballot Language 1 1 1 1 1 5
Identified in PROST 1 1 1 1 1 5
Aligns with Bozeman Community Plan 1 1 1 1 1 5
Balances types of Parks, Trails & Open Space 1 1 1 1 1 5
Maintenance Requirements or Needs
Feasible
1 1 1 0 1 4
Long-Term Investment for City 1 1 1 0 1 4
Feasible Partnership Opportunity 0 1 1 1 1 4
Opportunity to Leverage Bond Funds 0 1 0 0 0 1
Total Yeses 6 8 7 5 7 33
*One point for each yes vote
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Resolution 4521, TOP Program Funding for the Bozeman Sports Park
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MATRIX - SCORING – Sports Park Community Benefits Matrix
TOP - PREVAILING CHARACTERISTICS MATRIX: MULTI-USE FIELDS/FACILITIES- SCORING - Sports Park
Criterion Mmbr
#1
Mmbr
#2
Mmbr
#3
Mmbr
#4
Mmbr
#5
Total
Points
Total Possible
Points
Percenta
ge
Host Regional Events 30 30 30 30 30 150 150 100.00%
Infrastructure Demands 5 ? 15 20 10 50 125 40.00%
Major Thoroughfare
Access
12 20 20 20 12 84 100 84.00%
Short & Long-term
Maintenance
12 20 20 16 12 80 100 80.00%
Appropriate Scale for
Area
20 20 20 16 20 96 100 96.00%
Total Points 79 90 105 102 84 460 575 80.00%
Tot. Possible Points 115 115 115 115 115 600
Percentage 68.70% 78.26% 91.30% 88.70% 73.04% 76.67%
Mmbr
#1
Mmbr
#2
Mmbr
#3
Mmbr
#4
Mmbr
#5
Total
Points
Total Possible
Points
Percentage
Variety 4 5 3 5 5 22 25 88.00%
Distribution 4 5 5 5 3 22 25 88.00%
Enhancement 3 5 5 4 4 21 25 84.00%
Balance 4 5 5 5 4 23 25 92.00%
Leverage 0 2 4 5 3 14 25 56.00%
Connections 3 3 4 3 3 16 25 64.00%
Total Points 18 25 26 27 22 118 150 78.67%
Tot. Possible
Pts.
30 30 30 30 30 150
Percentage 60.00% 83.33% 86.67% 90.00% 73.33% 78.67%
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Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 7 of 7
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 7th day of April, 2014.
___________________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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p. 1
Trails Open Space and Parks (TOP) Staff Report
to the Bozeman City Commission for
the Proposed Bozeman Sports Park
3/28/2014
_____________________________________________________________________________________
1. Project Applicants
Bozeman Soccer Education Foundation (BSEF) and the Gallatin Valley Lacrosse League (GVLL) are listed
as the two applicants. Both BSEF and GVLL are (501 (c) 3, Not for Profit Organizations .Their application
to the Trails, Open Space and Parks (TOP) Program, dated January 31, 2014, proposes a primary
purpose of providing multi-use recreational fields on a property to be purchased by the City. The
proposed recreational fields would be planned primarily as soccer and lacrosse fields but could be used
for other sports. The applicants have proposed a “multi- phased” approach to the project which involves
three distinct phases: Phase I includes the purchase of approximately 80 acres of land by the City of
Bozeman and on- site development of eleven playing fields, as well as development of additional on -
site improvements, including a concessions stand, restrooms and parking lots. Phases II and III, which
are not included in the budget for the application, propose the creation of additional playing fields and
facilities through private philanthropic efforts. The applicants initially proposed a total project cost of
$9,442,2200 in their application budget for Phase I and requested $8,942,200 in TOP funding (See
Section 9.1 of this report) while proposing $500,000 in matching funds. The applicants then adjusted
their budget several weeks later and provided a revised budget range for Phase I and estimated the total
project cost to be between, $9,442,200 and $7,490,645 ( which included the purchase price of the land
for $2,070,000 and a park design and construction budget estimated to be between $7,372,200 and
$5,420,645 ). The applicants also proposed providing $500,000 in matching funds toward the total cost
of the project. At the final TOP’s Committee meeting, the applicants suggested that the total project
cost might be $8,000,000 and requested $7,500,000 in total TOP funding for the project and proposed
to provide $500,000 in matching funds (See Application Attachment, “Bozeman Sports Park Briefing
Paper”). The application does not include the cost of development of off-site improvements (municipal
improvements) which are addressed in section 6.1 of this report.
2. Application Materials Submitted by BSEF and GVLL:
1. Application dated January 31, 2014 with the following attachments:
a) Location map (appendix A)
b) Conceptual Rendering of proposed improvements to property (Appendix B)
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p. 2
c) Proposed Phase I Improvements project schedule with budget and proposed annual
maintenance costs (Appendix C)
d) Buy /Sell Agreement for purchase of property
2. Application dated January 31, 2014 with Corrected Budget
3. Sports Park Working Group Statement of Intent
4. Bozeman Sports Park Briefing Paper
5. Additional Narrative – “Additional Narrative for the Sports Park Project Application”
6. Bozeman Sports Park Economic Analysis – An Economic Impact Analysis prepared by Northern
Rocky Mountain EDD
7. Annual Economic Impact Analysis of the Sports Park Complex
8. Comparative Field estimate (spreadsheet) – Low End Budget
9. Irrigation Pipeline Easement
10. Plats for Irrigation Pipeline” As Built Designs” for Irrigation Pipeline
11. Water rights - General Abstract
12. Buy /Sell – Spencer Anderson /Rubright initials
13. Buy/Sell Soccer Education Foundation– Baxter LTD (Anna Allen) /Rubright initials
14. Preliminary Commitment to Title and Map (Survey)
15. Anderson Estate Buy/Sell Disclosure
16. Agreement of Limited Partnership – Baxter Ranch Holdings
17. Certificate of Survey (COS) Sports Complex Site
18. RoW Easement – Montana Power
19. SEC Corporation Search – Baxter Ranch LTD
20. Vesting Deed – Estate of Vesta Anderson to Spencer Anderson
21. Proposed Match – Proposed Matching Contribution from BSEF
22. Appraisal – Bridger Appraisals, Inc. Effective date March 12, 2014
* All materials above are available online at including all public comment at the following link:
weblink.bozeman.net/WebLink8/0/fol/57887/Row1.aspx
3. Location/Ownership
3.1: Ownership, Parcel and Buy/Sell Agreement: The property for the proposed site is located
on Flanders Mill Road between Oak Street, Cottonwood and Durston Roads. The proposed site
parcel size is estimated at 79.869 acres and is currently a portion of a larger tract that is 116.765
acres. The parcel for the proposed site does not exist as a legal tract of record and would need
to be configured as a legal parcel of record via a boundary line adjustment (BLA) or subdivision
prior to conveyance (See a Section 3.3 of this report). The proposed parcel is identified as the
Northern Portion of Tract 1A of COS 2554A (Attachment #1). The property is currently located in
the County and would need to be annexed to the City.
The applicant, BSEF, has a Land Buy Sell Agreement with the Seller (Estate of Vesta Anderson
and Baxter Ranch LTD). The Buy/Sell Agreement is an attachment to their TOP application and
lists the purchase price of the property as $2,000,000 (line 25). The Buy/ Sell Agreement is
514
p. 3
contingent upon 1) the contract being assigned to the City of Bozeman (L 127) and 2) Approval
of a minor subdivision of the land necessary to create the parcel (L 133). The Buy-Sell
Agreement also lists the City as the financer (L 30). The Buy/ sell agreement currently expires on
April 30, 2013. The applicant is proposing that the City of Bozeman assume the buy/sell
agreement and close on the property. BSEF has provided $10,000 in earnest money to secure
the contract. The applicant lists the total purchase price of the property in their budget,
including closing costs, as $2,070,000 (See Section 9.1 of this report). Staff conversations with
the seller’s attorney have indicated that the sellers may be open to providing an extension
beyond the April 30 expiration date if the City is willing to assume the buy/sell agreement. In
order to get the extensions, the city would need to pass a resolution approving purchase of the
property prior to April 30 and then negotiate then extensions with the seller.
3.2 Appraisal
The City Manager approved BSEF’s request to use Keith O’Reilly of Bridger Appraisals as the
appraiser on February 18, 2014 as per Section 2.06.860 of Bozeman Municipal Code. An
appraisal was ordered by the BSEF on February 19, 2014. BSEF indicated in an email that “we
intend to pay for these services with philanthropic dollars and donated services in lieu of fees.
The donated services and fees that we pay will be accounted for in our $500k matching
contribution. We will not ask the city to reimburse us for these costs (email, 2.18.14).” City staff
received the appraisal from BSEF on March 19, 2014. The effective date of the appraisal is
March 12, 2014. The appraiser concludes that the current market value of the property is
$2,395,000. The appraisal assumes that all existing liens, encumbrances have been disregarded
and assumes there are no hidden or unapparent conditions that might impact upon build ability.
The appraisal assumes that the highest and best use for the site is for future residential
development and utilizes a comparable sales approach in determining the value of the property.
The appraiser utilized 6 comparable sales to determine the value of the subject property. One of
the comparable sales used in the appraisal is a property under contract and has not closed. The
appraiser provided limited information on adjustments made to the comparable sales relative to
the subject property. The appraiser reconciled the value of the property at $30,000 per acre
relative to the comparable sales.
3.3 Boundary Line Adjustment
The proposed 79.765 acre tract for the Sports Park is currently part of a larger 116.765 acre
parcel and needs to be divided. The seller currently has land buy/sell agreements with both
School Districts to the south of the proposed parcel as well as with the Bozeman Soccer
Education Foundation. Both Agreements require the creation of tax parcels prior to conveyance
to both entities. To date, no subdivision or boundary line adjustments have been submitted by
the seller to the County for review and approval. As such, because of the amount of time
required under the County’s current subdivision review process, an extension to the Buy /Sell
agreement would have to be granted.
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3.4 Encumbrances: Rights of Way, Liens, Leases
3.4.1: Power Company RoW: There is a 60 foot Right of Way granted to Montana Power
Company that runs east to west along Oak Street.
3.4.2: Federal Tax lien: There is a federal tax lien for $4,155, 382 on the property.
Seller’s attorney has indicated that in order for the tax lien to be released, he would
need a copy of a resolution from the City Commission authorizing the purchase of the
property. Seller’s attorney would then submit the resolution to the IRS requesting
release of the lien to be paid at closing with a portion of the proceeds from the sale.
3.4.3: Agricultural Lease: There is an agricultural lease on the property. Seller’s attorney
indicated that the seller would like to maintain lease as long as possible. Terms of the
lease are unknown at this time but the buy/sell agreement includes a provision to
except non-harvested crops (line 17).
3.4.4: Farmer’s Canal/Ditch Right of Way (RoW): (ditch) runs south to north along
Flanders Mill Road. Approximately 1100 feet south of Baxter Place, a stream flowing
from the east flows into the canal, which changes the status of the irrigation ditch into
that of a stream. If Flanders Mill Road is built to current municipal standards, the 1100
foot portion of the stream/canal would need to be moved to the west because the
stream would be in the proposed Flanders Mill RoW. The stream would also require a
50 foot setback from the west bank. The useable land in the portion of land west of the
stream (north eastern quadrant of the proposed parcel) and east of the irrigation
pipeline (see Section 3.5.1) would potentially be reduced by both a stream set back and
a pipeline easement or RoW. The potential cost of moving the stream to accommodate
the Flanders Mill Road RoW is identified in infrastructure report from TD& H (See
Section 6.1/1 of this Report). The proposed subdivision to the east of Flanders Mill Road
may be requesting to move the stream to the east of Flanders Mill Road, which would
eliminate the need to move the stream out of any proposed Flanders Mill RoW if the
subdivision to the east were to be developed prior to development of municipal
infrastructure for the proposed Sports Park.
3.4.5: Vested Title: The property has vested title through deeds of distribution and is
currently owned by the Estate of Vesta Anderson and Baxter Ranch Holdings LTD. The
seller’s attorney said he would provide a signed copy of the buy/sell agreement with
both seller’s signatures. The seller’s attorney has also indicated that there is a clean
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chain of title demonstrating current ownership. A copy of articles of incorporation for
Baxter Ranch Holdings has been obtained.
3.4.6: Proposed Appurtenant Sewer RoW: A sewer RoW (approx. 30 feet) is currently
being negotiated and is expected to be recorded prior to the end of the month. The
RoW will run north –south along Cottonwood.
3.4.7: Street RoW’s would be required for Cottonwood, Flanders Mill, Oak St. and
Baxter Lane as described in attached TD&H Engineering report (See Section 6.1.1).
3.5 Water Rights
3.5.1 Irrigation Pipeline: There is an underground irrigation pipeline (Maynard Pipeline)
that diverts off the Farmer’s Canal at Oak Street at a 45 degree angle and then runs
north to Baxter Lane (Attachment #2) . This pipeline essentially bisects the property and
services farms to the north of Baxter Lane. An easement was recorded between the
School District parcel to the south of the property and the landowners serviced by the
pipeline that provides a 20 foot RoW for the pipeline across the school property to the
south. Any proposed park plans would likely need to be designed around the pipe or the
pipe will need to be moved. Moving the pipe would require approval of all end users.
While the pipeline was initially a cost sharing project between the USDA and the users,
the USDA interest in the pipeline (which was installed in 1993) has expired. The pipeline
is currently maintained by the Maynard Ditch Company, which consists of seven
landowners, and is not an organized legal entity.
3.5.2 Existing Water Rights: There are two existing water rights associated with
property: Baxter Creek Right and West Gallatin Right (Maynard Ditch/Farmers Canal/
Irrigation Pipeline right). The water rights for this property (80 acres) are calculated as
percentages of the water rights from two other properties, which are approximately 720
and 580 acres respectively.
A. Baxter Creek Right (11 %) - 187gpm/266,605 gal per day /123 acre feet (In
Use Right)
B. West Gallatin (14%)-64 gpm /90,484 gal per day/50 acre feet (Decreed
Right)
Combined Right for the 80 acre parcel: 357,089 gal per day/251 gal per min
City Park staff has estimated water needs for 70 acres of sport park fields to be
approximately 350,000 gal per day based on current uses at Adam Bronken Field.
Adam Broken uses 60,000 gal per day on 12 acres or 5,000 gal per day per acre. A
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professional study should be conducted to determine water needs and adequacy of
water rights prior to any purchase of the property (Water Demands Evaluation).
3.5.3. Methods of Conveyance of Water
West Gallatin Right: At this time, it is unknown whether the the City be able to pull
water directly from the irrigation pipeline (West Gallatin Right) that runs through the
property to irrigate the park. USDA has stated it no longer owns an interest in the
pipeline and a representative from the Maynard Ditch Company has indicated that he
does not see this as a problem. Hopefully the existing wheel line operates off a pump
connected to the pipeline that could be accessory to the land. This can be confirmed by
a professional water rights demands evaluation.
Baxter Creek Right: At this time, it is unknown whether the water associated with the
Baxter Creek right can be delivered to the property legally and physically. The abstract
for the Baxter right shows a point of diversion in Sec. 4, (and also Sec. 16) located south
and west of the property (Attachment #2, “TOPs Sport Complex Water Conveyances
Map”, and “Baxter Creek Call Out). During a cursory field visit by City staff, a head gate
could not be located. Hopefully a separate pipe with attendant pump exists. If the
property is purchased by the City, and if a form of conveyance for this water right does
not exist, infrastructure may need to be built and the City may also need to obtain an
easement to get the Baxter Creek water to the parcel.
3.5.4 Consolidation of Water Rights: City Staff asked the seller’s attorney if the seller
would agree to give 54 percent of their West Gallatin Right from their total property
holdings of 580 acres (rather than 14%) and in exchange, retain all of the Baxter Creek
Rights. As such, all of the 357K gal per day right could be drawn off of the irrigation pipe
(West Gallatin Right). At this time, it is unknown if the seller would be willing to allow
for all of the water rights to be consolidated.
3.6 Soils Analysis: Soils analysis study should be ordered, along with a water demands
evaluation to determine suitability of site for the proposed uses. A soils study will also assist in
determining the cost of soils necessary for development of fields. Budget estimates from the
applicant for soil amendments and field construction currently range from $225,000 - $350,000
per natural turf grass field (See Application Attachment “High End Low End Budget 3.1.14.”
4. Application Development
The applicant met on several occasions with city staff in formal meetings and has also worked informally
with some city staff and officials prior to submitting their application. The application was reviewed at 4
TOP Committee Meetings (see Section 8 of this report).
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5. Summary of Proposed project: Phases, Scope of Work
5.1: Phases, Scope of Work: The application proposes three phases, but only budgets for Phase
I, which includes land acquisition and construction of athletic fields and site improvements for
about half of the property (11 Fields). Phase II and Phase III propose additional development of
sports fields and improvements, including an indoor facility, through private, philanthropic
efforts outside of the scope of the TOPs proposal.
5.2: Site Selection: BSEF indicated in their application that they spent two years conducting site
evaluations and chose the proposed parcel based on the following criteria: tract with adjoining
city boundary; tract with 50 acres or greater to meet growth demands, reasonable price,
western location in valley floor for improved seasonal use; sufficient water rights, proximity to
commercial lodging and retail (Application, p. 2). BSEF did not include specific information (i.e.
parcel data) on any other properties that were considered.
5.3: Existing and new Infrastructure requirements: The property is currently used for
agricultural purposes (small grain production) and does not have any improvements other than
the improvements (i.e. irrigation pipeline and Farmer’s Canal) outlined in Section 3 of this
report. Municipal infrastructure (off- site improvements) requirements are detailed in Section
6.1.1 of this report.
5.4: Suitability of site for proposed project: BSEF states it conducted site review and
evaluations for two years and chose the property based on criteria listed on p.2 of the
application. Suitability includes water rights deemed sufficient by applicant to support proposed
uses, as well as micro-climate and proximity to services and Adam Bronken Fields.
5.5: Project Management: BSEF proposes to “co-manage” (application; p. 1) an 80 acre sports
park but they do not articulate the terms of co-management as it relates to Phase I. The
applicants propose the creation of a foundation for Phase II and Phase III. The terms of co-
management will need to be defined and codified in a Memorandum of Understanding (MoU)
with the City. The proposed park would need to go through both the park master planning
process and Site Plan review. Users of the park under current procedures would need to enter
into Park User agreements. A MoU should be developed between the applicants and the City
prior to the park master planning process and Site Plan review.
5.6: Maintenance: Annual operating costs are expected to be paid for by the General Fund, and
offset with revenues from Park User Agreements and any other annual operating agreements or
MoUs with the involved non-profits. Depending on the level of maintenance required, this
could affect the General Fund.
6. Review by Municipal Departments
Meetings were held between the applicants and staff from different City departments before and after
the application was submitted.
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6.1: Public Works: The proposed project would require significant municipal improvements.
Cost of municipal improvements were not included in the budget for this project. Because the
cost of municipal improvements necessary to provide access to the site were not included in the
budget, Committee requested and Commission passed a motion at the February 24, 2014
authorizing the City Manager to sign a Professional Services Agreement with TD&H Engineering
for engineering services to determine the cost of municipal infrastructure for the proposed
Sports Park project utilizing TOPs funds not to exceed $10,000.
TD& H Engineering provided a report outlining the costs of municipal infrastructure associated
with the proposed property to City Staff on March 6, 2014. The Report was then presented to
the TOP Committee at the March 7, 2014 TOP Committee meeting for review and consideration.
6.1.1: TD &H Report :The report from TD&H titled , “Concept Level Infrastructure Cost
Estimates at Potential TOP Sports Complex” March 2014 (Attachment #3) estimates
the approximate costs of installing required public water, sewer, street, storm
drainage and ditch infrastructure adjacent to and in proximity to the proposed TOP
Sports Complex site. The cost estimate does not include any of the “on-site”
facilities proposed in the applicant’s budget. The report includes costs for the
surrounding and adjacent public infrastructure likely to be required during a Site
Plan review of any development on this property. Total cost for Street, Water, Sewer
infrastructure and necessary stream and ditch relocation was estimated at $4,328,602.
6.1.2: Impact Fee Analysis: City Engineering conducted an impact fee analysis of the
property based on the estimates provided by TD&H to determine what portions of the
municipal infrastructure would be eligible for impact fees. City Engineering determined
that of the $4,328,602 estimated total costs for municipal infrastructure, $1,777,305
might be eligible for impact fees.
6.1.3: Total “Local” Cost After Impact Fees: Based on the estimate of from TD&H and
City Engineering, the total cost for municipal infrastructure after impact fees would be
$2,551,297. Flanders Mill Road is not impact fee eligible because it is a local road. Ditch
and Stream Relocation would not be impact fee eligible.
Impact Fee Eligible Estimates for Roads
1. Baxter Lane $307,250.00
2. Oak Street $311,850.00
3. Cottonwood Road $593,320.00
Total $1,212,420.00
Impact Fee Eligible Estimates for Water
1. Baxter Lane $53,460.00
2. Oak Street $75,000.00
Total $128,460.00
Impact Fee Eligible Estimates for Sewer
1. Baxter Lane $156,350.00
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2. Cottonwood Road $280,075.00
Total $436,425.00
Total Impact Fee eligible estimate: $1,777,305.00
Impact Fee Eligibility The total eligible for impact fee ($1,777,305.00) would have to
follow current municipal requirements under Chapter 2.6.9 of BMC. Some of the roads
are not yet registered for impact fees status.
Total Local Cost Estimate Reductions: The total cost after impact fees could potentially
be reduced further through cost sharing by adjacent development or reduced initially as
determined by Site Plan Review if the project development was phased.
6.2 Community Development and Planning Review
The proposed property would have to be divided prior to conveyance. The property is currently
located in Gallatin County. Annexation and municipal zoning would need to be conducted. The
property is currently located in an A-S Agricultural Suburban district in the County which
promotes cluster development. A Site Plan review will also need to be conducted for the
proposed site. Site improvements including off-site infrastructure would be detailed and phased
during the site plan review process.
RoW for Oak Street, Cottonwood Road and Baxter Lane would use up a little over 6 acres as
street easement on the tract. The existing easements take up about 2.73 acres. The irrigation
pipeline would use up about 1.2 acres for RoW, leaving about 70 acres of property for some
form of development.
6.3 Legal Review
The application has two separate buy/sell agreements; one signed by Baxter Ranch LTD and
another by the Estate of Vesta Anderson. Assignment of the purchase agreement (buy/sell) will
need to be negotiated between the City and the seller in order for the City to purchase the
property.
The applicant provided a commitment to Title for the 116 acre parcel and a Certificate of Survey
(CoS) but has not provided a COS for the proposed parcel. The applicant has submitted an
appraisal and ordered a Phase I Environmental Site Assessment on February 18, 2014. The Phase
I but has not been completed at this time. A Water Demands Evaluation and soils study will
need to be obtained from a professional engineering firm prior to conveyance to ensure that
there are sufficient water resources and soils for the proposed uses.
Prior to the City agreeing to accept assignment or enter into a new purchase and sale
agreement the following must be completed to the satisfaction of the City Attorney:
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a. The City acquiring from the Seller at closing water rights appurtenant to the real
property in a manner and form acceptable to the City Attorney and of such volume and
accessibility so as to sufficiently irrigate the Project at full build out as depicted in the
Application;
b. Satisfaction to the City, that upon the transfer of water rights at closing, the City will
have adequate legal access to transfer water to the Project through the Farmer’s Canal,
Baxter Creek and the Maynard border ditch and pipeline;
c. The City acquiring all rights, title, and interest to any irrigation infrastructure fixed to
the real property necessary to provide irrigation to the Project;
d. The completion and recording of a boundary relocation creating the parcel the City will
acquire;
e. Agreement by the Seller to extend the date for closing as listed in the current purchase
and sale agreement from April 30, 2014 to June 30, 2014, said extension being
necessary to address the contingencies expressed in this section;
f. Evaluation of a soils analysis to be conducted by the Parks and Recreation Department
and acceptance of such report and conditions by the Director of the Parks and
Recreation Department;
g. Evaluation of a Phase I environmental assessment to be conducted by the Parks and
Recreation Department and acceptance of such report and conditions by the Director
of the Parks and Recreation Department;
h. Transfer of the property from the Seller to the City must occur via warranty deed; and
i. A determination by the City Attorney that all title issues have been adequately
addressed or will be adequately addressed prior to closing, including complete
satisfaction and release of the existing tax lien filed by the Internal Revenue Service.
6.4 Finance
Finance has had preliminary conversations about availability of funds from the 2013 Bond Series
($9.9M issued) and how soon the City would need to issue the additional $5.1M, if this project
were to be approved. Timing of the actual construction of the playing fields (vs. the property
purchase) would impact cash-flows and the issuance of the remaining bonds. General Fund
Balance (Reserve), Final MMIA Settlement Payment, and ongoing litigation will affect how and
when the City should move forward with the $5.1M series. It is likely that Phase I of this
proposed project will need to be further split (buy land, then build fields the next year); due to
the size of the project budget and the timing of bond cash flows.
Once annexed and owned by the City, the property would be subject to annual Street and Tree
Assessments. These assessments are usually paid from the City’s General Fund through the
Park’s Department budget and are estimated at $16,074 per year.
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6.5 Parks
The proposed project would need to go through the Park Master Planning Procedure (PMPP)
adopted by the Recreation, Parks Advisory Board (RPAB) on Feb. 13, 2014. The proposed PMPP
includes review by the Development Review Committee (DRC) for conformity of a proposed
park plan to current Site Plan review standards. Under the current PMPP, both RPAB and the
Commission must approve the Park Master Plan.
7. Proposed Improvements to Site/Property
Applicant proposes phasing construction of sports fields over three distinct phases but the Scope of
Work proposed by the budget only covers the cost of the first phase (Phase I). The proposed budget of
$9,442,200 -$7,490,645 for Phase I includes purchasing land and developing sports fields on
approximately half the property. No budget was included for Phase II and Phase III, which proposes
adding additional sports fields and an indoor facility on the remaining property to be funded by private
philanthropic efforts, Fields proposed in Phase I include natural and artificial turf fields. Site
improvements include trails and paths, two parking lots (220 stalls and 160 stalls and 20 bus stalls),
irrigation equipment, wells, utilities, concession building with restrooms and maintenance, and play
areas (See Application, Appendix C, “Phase One Estimate of Cost”).Construction of on-site
improvements would not be able to begin until a Site Plan has been reviewed and approved by the
Commission for both municipal improvements (off-site ) and on-site improvements.
8. TOP Committee Review and Public Comment
8.1 TOP Committee: The TOP Committee conducted four public meetings as part of their review
and evaluation of this project. The TOP committee conducted a “Rough Cut” evaluation of the
project on February 13, 2014 following the TOP Program Procedures to determine initial
suitability of the project relative to the TOP Bond Resolution. Additionally, the TOP Committee
passed a motion at the February 13, 2014 meeting requesting that the Commission consider
ordering an engineering report to determine the cost of municipal infrastructure that would be
necessary to support this project (TD&H Engineering Report).The TOP Committee conducted a
site visit of the property on February 19, 2014 and then conducted a public hearing on March 7,
2014. The TOP Committee conducted their final meeting on March 20, 2014 during which time
they evaluated the project using the Community Benefits and the Multi-Use Reaction Fields and
Facilities Matrices (see Resolution # 4521). After completing their matrices, the TOP Committee
then conducted a final vote on the project. At the committee meeting, the applicant, as part of
their presentation, asked the TOP Committee for a total of $7,500,000 in TOP funding to fund
both the purchase of the property and the park design and construction. The applicant stated
that they would then provide $500,000 in matching funds toward the project in addition to the
$7,500,000. After considering the applicants proposal, the Committee passed a unanimous
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motion to recommend that the City Commission provide up to $7,500,000 in funding for the
project and allocated up to $2,100,000 for the purchase of the land and up to $2,500,000 for
municipal infrastructure, with the remainder to be used for Park Design and Construction.
8.2 Other Committee Review: No other Committees reviewed this project.
8.3 Public Comment: The City received 106 written comments for this project to date. The
public comment is available at following
link:weblink.bozeman.net/WebLink8/0/fol/57887/Row1.aspx
9. Overall budget development
9.1. Total Budget: Applicant provided the following budget on P.2 of the Application:
Property Acquisition: $2,070,000
Project Planning: $240,000
Phase I Sports Field Construction: $6, 910,000*
Maintenance Equipment: $222,200
Proposed TOPs Funding: $8,942,200
Applicant’s Proposed Match: $500,000
Total Project Cost: $9,442,200
* The original application dated 1.31.14 had $7,150,000 listed for Sports Field Construction in
error and the applicant submitted a revised application also dated 1.31.14 to correct the error.
*Applicant’s proposed match of $500,000 does not give specific cost itemization but simply
proposes cash, donated land value, services and products donated in lieu of cash.
9.2 Cost Estimate for Phase I Park Design and Construction
Applicant provided a more detailed total cost Estimate for Phase I Park Design and Construction
in the original application (Appendix C) as follows:
1) Purchase of land - $2,070,000
2) Site Improvements - $1, 500,000 (Seven Line Items)
3) Construction of Fields - $ 5,000,000 (Four Line Items)
4) 10% Contingency - $650,000
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5) Total Outdoor Fields - $7,150,000
Total $9,220,000*
* The categories above are itemized in Appendix C of the Application. The 10% contingency is
based on the total cost of Site Improvements and Construction only ($6,500,000). The Site
Improvements include a $250,000 planning fee which was listed separately on the Total budget
in Section 9.1 above). The Phase I Park Design and Construction estimate does not include the
maintenance equipment cost of $222,200, which is included in the Total Budget under Section
9.1.
9.3 Adjusted Cost Estimate for Phase I – “High End” – “Low End” Budget
Applicant provided an adjusted budget ( See Application , “Phase One Estimate of Cost Revised
3.1.14”that showed a “High End” and a “Low End” cost estimate for Phase I as follows:
“High End” “Low End”
Property Acquisition: $2,070,000 Property Acquisition: $2,070,000
Project Planning: $240,000
On Site and Field Construction: $6, 910,000 On Site and Field Construction: $5,198,445
Maintenance Equipment: $222,200 Maintenance Equipment: $222,200
Total Project Cost: $9,442,200 Total Project Cost $7,490,645.
Proposed TOPs Funding: $8,942,200 Proposed TOPs Funding: $6,990,645
Applicant’s Proposed Match: $500,000 Applicant’s Proposed Match: $500,000
* The categories above are itemized in a spreadsheet mentioned above the 10% contingency is
based on the approximate total cost of site improvements and construction only ($4,703,132).
The On-Site Improvements in the “Low End” budget include the $274,666, planning fee which
was listed separately on the “High End “budget. The “High End –Low End” estimate for Phase I
submitted by the applicant did not include the cost of maintenance ($222,200) that was
included in their original estimate ( Section 9.1 above) but was included by staff for the total
calculation in this section.
9.4 Maintenance: The applicant provided a cost estimate for annual maintenance (Appendix C).
Annual maintenance between 2016-2018 is estimated at $76,100. Annual maintenance between
2019-2024 is estimated at $66,173. There are additional annual maintenance costs of $7000
identified in Appendix C but not included in the annual maintenance costs listed above. The
initial cost of maintenance equipment is listed as $220,000 and is included in the total budget.
No supporting documentation was provided to substantiate cost calculations for construction of fields
or site improvements. The applicant said the cost calculations for the fields were based on current
industry standards. The budget does not include cost estimates for municipal improvements (roads,
sewer, water etc.) which are detailed separately in Section 6.1 of this report?
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Summary
Given the April 30th expiration date to the buy/sell agreement, the City would need to be granted an
extension on the Buy/ Sell Agreement in order to resolve all of the title issues identified in this report.
The proposed resolution offered to the Commission includes contingencies that identify all of the title
issues that will need to be addressed in order to close on this property. Furthermore, the issues
identified in Section 3 of this report will also impact any proposed park designs (i.e. alter conceptual
renderings) and likely increase overall costs of the project not identified in the budget.
If the Commission approves this project, a Memorandum of Understanding (MoU) should be developed
between the applicants and the City prior to any Park Master Planning or Site Plan Review. The MoU
should outline expectations between the applicants and the City related to both cost sharing and
proposed “co- management” during the design/construction phase of the project.
As stated above, a significant amount of due diligence needs to be completed prior to any real estate
closing. Professional research will need to be conducted in order to determine water demands and if the
water rights are sufficient to support the proposed uses. Additionally, a soils study or analysis should be
conducted prior to purchase or assignment to determine suitability of soils for the proposed uses.
Several of the street intersections in the near vicinity which would provide primary access to the site are
known to have already failed levels of service or to be very close to failure. Some improvements may be
provided by pending private development but likely not all that is needed. While Traffic impact studies
were included in the engineering report that speak to potential impacts on surrounding roads and
neighborhoods, further analysis should be conducted. Right of Ways, for roads, the irrigation pipe, the
farmer’s canal and potential stream setbacks will reduce the total amount of land available for the
development of proposed fields to approximately 70 acres.
Ongoing maintenance of this facility is expected to be significant and as-of-yet is unfunded and currently
would be assumed to fall on the City’s General Fund.
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Attachments
1. Certificate of Survey 2554A
2. TOPs Sports Complex Water Conveyances -Map
3. TD&H Engineering Concept Level Infrastructure Cost Estimates Report
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