Regular 4.
Regular City Council Meeting
- Meeting Date:
- 12/14/2009
- TITLE
- Public Hearing for Donation of Sahara Park Pool Site to the Better Billings Foundation
- PRESENTED BY:
- Mike Whitaker
- Department:
- Parks/Rec/Public Lands
Presentation:
PROBLEM/ISSUE STATEMENT
Resolution No. 09-18799 (The adoption of Sahara Park Master Plan) required the Better Billings Foundation to submit a Family Aquatic Center Funding and Development Agreement to the City by November 29, 2009, or Alternate B would become the preferred master plan for Sahara Park.
Sahara Park is a 9.26-acre property that was acquired through parkland dedications of the Sahara Sands Subdivision between 1975 and 1977. The park is bordered on the west by Aronson Avenue and on the north by Caravan Avenue.
Park master planning was facilitated in 2008-9 by PRPL Staff, with assistance from the Better Billings Foundation. The plan was developed with the intent that Sahara Park would function as a large urban or special use park (on the scale of Pioneer Park) with facilities that would meet the needs of the entire city. The plan's major element includes a Family Aquatic Facility. The master plan has an alternate (known as Alternate Plan B) which is based on the premise that Sahara Park would be developed as a subdivision park without an Aquatic Facility component. The Alternate B plan includes open spaces for multi-use and programmable activities such as sports and practice areas, a picnic shelter, play structures, volleyball and basketball courts. As the master plan with its alternative was being developed, public meetings were held November 20, 2008, and January 15 and 27, 2009, at the Billings Community Center to discuss the master plan and alternative B and receive comments from interested citizens. The master plan was presented to the Billings Park, Recreation, and Cemetery Board, at the February 11, 2009, meeting, and the Board voted to recommend adoption of Sahara Park Master Plan to the City Council with the stipulation that the original plan have a 5-year time limit and that Alternate Plan B be considered only after all avenues for development of the Family Aquatic Facility are exhausted through formal discussion and agreement with the Better Billings Foundation.
The City Council approved the master plan on March 23, 2009, and gave the Better Billings Foundation six months to provide a development agreement for the Aquatic Facility. At its October 13, 2009, meeting, the City Council extended the deadline to November 29, 2009.
The Foundation submitted two different Funding and Development Agreements to the City prior to the November 29 deadline (Attachments A1 and A2). One agreement would donate or sell the land to the Foundation. The other agreement would lease the land to the Foundation. City staff has reviewed both agreements with the Better Billings Foundation, and has recommended that both agreements be amended (Attachments B1 and B2) to require the Foundation to provide the City with a $100,000 Irrevocable Standby Letter of Credit that could be used to repair or raze the pool in the event that all improvements (including buildings and accessory structures) and the Aquatic Project Land would revert back to the City. After much discussion, the Parks, Recreation and Cemetery Board recommended, at its November 18, 2009, meeting, that the land be donated to the Better Billings Foundation.
Sahara Park is a 9.26-acre property that was acquired through parkland dedications of the Sahara Sands Subdivision between 1975 and 1977. The park is bordered on the west by Aronson Avenue and on the north by Caravan Avenue.
Park master planning was facilitated in 2008-9 by PRPL Staff, with assistance from the Better Billings Foundation. The plan was developed with the intent that Sahara Park would function as a large urban or special use park (on the scale of Pioneer Park) with facilities that would meet the needs of the entire city. The plan's major element includes a Family Aquatic Facility. The master plan has an alternate (known as Alternate Plan B) which is based on the premise that Sahara Park would be developed as a subdivision park without an Aquatic Facility component. The Alternate B plan includes open spaces for multi-use and programmable activities such as sports and practice areas, a picnic shelter, play structures, volleyball and basketball courts. As the master plan with its alternative was being developed, public meetings were held November 20, 2008, and January 15 and 27, 2009, at the Billings Community Center to discuss the master plan and alternative B and receive comments from interested citizens. The master plan was presented to the Billings Park, Recreation, and Cemetery Board, at the February 11, 2009, meeting, and the Board voted to recommend adoption of Sahara Park Master Plan to the City Council with the stipulation that the original plan have a 5-year time limit and that Alternate Plan B be considered only after all avenues for development of the Family Aquatic Facility are exhausted through formal discussion and agreement with the Better Billings Foundation.
The City Council approved the master plan on March 23, 2009, and gave the Better Billings Foundation six months to provide a development agreement for the Aquatic Facility. At its October 13, 2009, meeting, the City Council extended the deadline to November 29, 2009.
The Foundation submitted two different Funding and Development Agreements to the City prior to the November 29 deadline (Attachments A1 and A2). One agreement would donate or sell the land to the Foundation. The other agreement would lease the land to the Foundation. City staff has reviewed both agreements with the Better Billings Foundation, and has recommended that both agreements be amended (Attachments B1 and B2) to require the Foundation to provide the City with a $100,000 Irrevocable Standby Letter of Credit that could be used to repair or raze the pool in the event that all improvements (including buildings and accessory structures) and the Aquatic Project Land would revert back to the City. After much discussion, the Parks, Recreation and Cemetery Board recommended, at its November 18, 2009, meeting, that the land be donated to the Better Billings Foundation.
ALTERNATIVES ANALYZED
Council may:
• Sell or donate the site to the Better Billings Foundation;
• Lease the site to the Foundation; or
• Decline the Foundation’s request.
• Sell or donate the site to the Better Billings Foundation;
• Lease the site to the Foundation; or
• Decline the Foundation’s request.
FINANCIAL IMPACT
There is no immediate financial impact to the City.
RECOMMENDATION
For liability reasons, staff would recommend that the City approve Amendment B1 and donate or sell the pool site (approximately 6.7 acres) to the Better Billings Foundation for the project.
APPROVED BY CITY ADMINISTRATOR
Attachments
- Better Billings Foundation Sale/Donation Proposal
- Better Billings Foundation Lease Proposal
- City of Billings Sale/Donation Proposal
- City of Billings Lease Proposal
- Irrevocable Letter of Credit