HomeMy WebLinkAboutCommission Memo April 14 2014 Amendment to Resolution 4521 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Jeff Graff, Trails, Open Space and Parks Manager
Mitch Overton, Park and Recreation Director
Chris Kukulski, City Manager
SUBJECT Approve Revised Resolution 4521 To Fund the Bozeman Sports Park from Monies
with the Trails, Open Space and Parks Bond Fund
MEETING DATE: April 14, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: City staff recommends that the Bozeman City Commission adopt revised Resolution 4521 to fund the Bozeman Sports Park Project with Trails, Open Space and
Parks (TOP) Bond Fund monies as described in this Memorandum.
SUGGESTED MOTION: 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 $1,788,000.00 (one million seven hundred eighty eight thousand dollars) for infrastructure
improvements as stated in the City Commission’s adopted motion on April 7, 2014; and (iii) the remainder of the up to $7,500,000 allocated to be used for park development and construction as
identified through a yet to be completed park master plan and as adopted by motion of the
Commission on April 7, 2014.
To the extent feasible and as applicable, the City will create payback districts for the off-site infrastructure funded with this project. If and when received, such payback proceeds will be
deposited to the TOP Fund, for use in the construction of Cottonwood Road’s street, water and
sewer improvements unless otherwise determined by the Commission or on existing or future
TOP Program projects.
BACKGROUND: On April 7, 2014, the Bozeman City Commission approved Resolution
4521, authorizing the allocation of funds from the TOP Bond Fund for the Bozeman Sports Park
project in the total amount not to exceed $7,500,000 (seven million five hundred thousand
dollars). Resolution 4521 as written and presented to the Commission on April 7, 2014 stated (i)
that of the $7,500,000, $2,100,000 (two million one hundred thousand dollars) would be
allocated 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 and (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.
Prior to passing a motion to adopt Resolution 4521 , the Commission passed an amendment to
Resolution 4521 that changed the amount of funding to be allocated for municipal infrastructure
improvements listed under Section(ii) of Resolution 4521.
NEXT STEPS: City staff has provided a Suggested Motion to the Commission in this
Memorandum to ensure that City Staff understands the intent of the amendment to Resolution
4521 that was adopted by the City Commission. If the revised Resolution is approved by the City
Commission, City staff, working with both the Recreation and Parks Advisory Board (RPAB) and the stakeholders, will endeavor to develop a Park Master Plan. The budget for the Park
Master Plan will be based on the amount identified in Section (iii) of the revised Resolution.
Once the Commission approves a Park Master Plan for the Sports Park, a Site Plan will be
developed based on the Park Master Plan. The Site Plan will determine the costs of municipal
infrastructure for the site. If the costs of municipal infrastructure exceed the amount allocated in Section (ii) of the revised Resolution ($1,788,000.00) (one million seven hundred eighty eight
thousand dollars), Commission will be asked to amend the terms of this Resolution and
reallocate funds for the project.
UNRESOLVED ISSUES: The amount allocated for municipal infrastructure in Section (ii) of the Resolution cannot be verified until a Site Plan identifying the actual infrastructure
requirements for the site is approved.
ALTERNATIVES: As directed by the City Commission
FISCAL EFFECTS: The changes to the revised Resolution would decrease the amount of
funding initially allocated for municipal infrastructure from $2,500,000 to $1,788,000.00.
Attachments: Resolution 4521(Revised)
Report compiled on: April 10, 2014
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.
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 $1,788,000.00 (one million seven hundred eighty eight thousand dollars) for infrastructure
improvements as stated in the City Commission’s adopted motion on April 7, 2014; and (iii) the
remainder of the up to $7,500,000 allocated to be used for park development and construction as
identified through a yet to be completed park master plan and as adopted by motion of the
Commission on April 7, 2014.
To the extent feasible and as applicable, the City will create payback districts for the off-site
infrastructure funded with this project. If and when received, such payback proceeds will be
deposited to the TOP Fund, for use in the construction of Cottonwood Road’s street, water and
sewer improvements unless otherwise determined by the Commission or on existing or future
TOP Program projects.
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;
Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 3 of 7
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;
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
including all steps necessary to execute the final agreement and close on the property.
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 and as addressed in the Commission’s motion on April 7, 2014. 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
Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 4 of 7
infrastructure, and other acts of the Commission such as amendments to the City’s
impact fee capital improvements program.
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.
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
Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Page 6 of 7
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%
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 14th day of April, 2014.
___________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
________________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney