Staff recommends that Council approve donation of Tract 2-A, in Amended Plat of Tract 1 of the Amended Plat of Sahara Park, Sahara Sands Subdivision, 2nd Filing, to the Better Billings Foundation (BBF), see Attachment E.

In 2009, Council approved Resolution No. 10-19008 (see Attachment A) authorizing staff to dispose and transfer by warranty deed to the Better Billings Foundation, property as shown in the Amended Plat of Tract 1 of the Amended Plat of Sahara Park, Sahara Sands Subdivision, 2nd Filing and of Sahara Park, Sahara Sands Subdivision,  First Filing.  See Attachment B, note hatched area. 

The Better Billings Foundation is desirous to acquire the remaining tract of land (Tract 2-A 2.5 acres) and make improvements to enhance its existing Oasis swimming complex operations.  See Attachment B portion highlighted in yellow.  Also see Better Billings Foundation presentation Attachment C and letter, Attachment D.

The Council was presented with the potential land transfer during its July 20, 2020, work session, where Council directed staff to proceed with disposal or lease of the land at a future Regular business meeting agenda. Staff has determined that it is in the best interest of the City to proceed with disposal and transfer by warranty deed of the property to the Better Billings Foundation as described in the proposed resolution, see Attachment E.  The Parks, Recreation and Cemetery Board also recommends the land be donated. Staff recommends that a deed restriction requiring that the land be exclusively used for park development and open to the public at no charge be included with the transfer of ownership to Better Billings Foundation.

In accordance with Section 22-902(1), Billings,Montana, City Code, the Council may sell, exchange or donate any real property belonging to the City by a resolution passed by six (6) of the Council members present. The city council shall advertise for competitive bids on any real property prior to sale, exchange or donation. The city council shall have the authority and discretion to select the bid that is in the best interest of the city, conditionally accept a bid or it may reject any and all bids.a public hearing is required prior to Council action on this property.

Additionally, Section 22-902(1) provides as follows:

Prior to selling exchanging or donating said real property, the city administrator or his/her designee shall:

(a) Publish notice in the legal newspaper of the city of the intention to sell, exchange or donate such property and requesting competitive bids prior to the sale, exchange or donation of such lands, giving the public the opportunity to be heard regarding such action. Said notice shall be published no less than fifteen (15) days in advance of the date of the public hearing.

(b) Notify by mail all property owners within three hundred (300) feet of the exterior boundaries of the real property subject to sale, exchange or donation fifteen (15) calendar days in advance of the time, date, place of the public hearing and the existing and proposed use.

These notifications above have been previously provided by staff. The Council received no responses to the request for bids.


   

City Council may:

• Approve the attached Resolution (Attachment E) and direct staff to proceed with the donation and transfer of this parcel to the Better Billings Foundation through Warranty Deed, or
• Disapprove the donation and provide staff with additional guidance. 

The City currently pays the Light District 251 assessment of $750.00, this would be eliminated if Tract 2-A was donated to the Better Billings Foundation. Impacts to the Better Billings Foundation and their Oasis swimming pool operation would be annual assessments as listed below:

Assumptions: Developed and Zoned as Public and Exempt as is A21920C  Oasis Park
Arterial	$     340.86
Storm Sewer	$     301.65
Street Maintenance 2	$  1,433.12
Light District 251	$     750.00
Total	$  2,825.63