|
Item 4.
|
| City Council Regular | |
| Date: | 08/28/2023 |
| Title: | Resolution - parks, trails, recreation project management |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
The Council consider changes to the enclosed resolution as proposed.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On July 10, 2023, Council approved a resolution calling for a special election on November 7, 2023, on whether the City should be authorized to issue general obligation bonds not to exceed $143 million for parks, trails, and recreation projects. Council also approved an Initiative directing staff to prepare a resolution related to the parks, recreation, and trails bond issue that would outline the agreements and commitments made by the City and private partners based on the information we know now and to provide guidelines regarding decision-making related to the debt financed parks projects for future Councils. Council discussed the project management resolution during the work sessions on July 17 and August 7, 2023, and made several edits and suggestions to the draft resolution provided by Council member Rupsis.
The resolution is intended to memorialize current Council's representations of what projects should be funded as well as how those projects should be scheduled and managed. The resolution is also intended to engage Billings' residents and stakeholders in the continued planning process for parks, trails, and recreation projects and to guide future Councils when making decisions about funding and policy direction.
Section 1. General Project Overview
This section of the proposed resolution provides an overview of the projects and lists the specific projects Council wants to be funded by any bonds issued. It should be noted here that the question posed to the voters on November 7 does not similarly limit the scope of parks, trails, and recreation projects that can be funded. If the voters approve the question, any projects that fall within the scope as described in the election resolution may be funded by the city council. It describes the improvements that would be authorized as those with the purpose of "designing, constructing, improving, installing, and equipping City parks, trails, and recreation properties and facilities in the City... including funds for repairs and improvements to existing City parks, trails, and playgrounds... and to pay the costs associated with the sale and issuance of the bonds." Therefore, this proposed project management resolution declares the Council's intention based on current information however a future Council is not bound by this declaration and may modify or rescind this resolution.
There is an edit to Section 1, paragraph 4 to bring to Council's attention. The original language was "the list of projects and tasks must be provided to Council and made available to the public at least 30 days in advance of a Council vote and must be placed on a Council work session agenda prior to a vote to approve the authorization to issue bonds." This resolution requires three steps before the issuance of bonds is authorized. Those steps include presentations to the Budget and Finance Committee, at a Council work session, and at a regular meeting. In the event the Budget and Finance Committee held its meeting within 10 days prior to a work session and then the matter proceeded to the next regularly scheduled Council meeting, the City would be violating the provisions of this resolution if those events occurred in less than 30 days. There are already timelines and deadlines for providing public notice that comply with public participation and notice requirements. Therefore, staff recommends the edited language included in the proposed resolution which removes the 30-day requirement and instead rely on the current agenda timelines established by the City, which comply with public notice and open meeting requirements of the law.
Section 2. Financial Commitments
This section describes the capital campaign as well as recognizing agreements and commitments for future financial obligations. This section also explains Council's intent to reduce the amount of bonds issued or to reduce the debt service depending on the amounts raised and grants obtained.
Council may want to consider the impact of paragraph 2 of Section 2 which requires the capital campaign goal to be accomplished before any project begins. This is very broad and would impact projects that could otherwise begin. Staff recommends removing this provision or alternatively adding the phrase "with the exception of trails projects" at the end of that sentence (this language has been included in the attached draft).
Additionally, staff highlights paragraph 7 of Section 2 for Council's consideration. This appears to be inconsistent with paragraph 2 of Section 2 and therefore, unless that sentence has been deleted as requested above, the addition of the language ("with the exception of trails projects") would be necessary if the intent is to allow trails projects to begin before the $6 million goal is reached.
Section 3. Project Management
The next section describes how parks, trails, and recreation projects should be managed and the creation of community steering committees to assist in narrowing the scope of work for each project to match the proposed budget.
Paragraph 3.f. has been deleted as shown in the attached draft because the public-facing website will have updated information that anyone can access and will accomplish the goal of keeping the Parks Board and committee chairs updated with accurate information.
Staff also requests Council reconsider the preference that any city resident not participate on more than one community steering committee (Section 3.a.iv.). In some situations, there will likely be a handful of people who possess the best qualifications and time available to serve on more than one steering committee and this preference could prevent the committees from being as effective and efficient as possible.
Additionally, staff requests Council reconsider having a separate steering committee for each and every project. It may be the case that a few steering committees would be more proficient at advising on multiple projects than a separate committee. Each project is connected to a comprehensive planning process that included public input and council review and approval. Staff recommends Council also simplify the resolution, removing the committee member selection criteria with a simple clear statement: Steering committees will be established by the city administrator in consultation with the Council members from the relevant ward.
Council should also consider the amount of staff time that will be required to implement the community steering committees. With the addition of the four City Council subcommittees, it is apparent the amount of staff time involved is more than was anticipated. If the resolution is adopted as proposed, steering committees will have requirements for open meetings and public notice which involve city staff to accomplish as well as the numerous hours of staff time to prepare for and attend the meetings.
Section 4. Recreation Center Management
Recreation Center Management is the final section that addresses how the management of the facility should be determined and the factors that should be considered when making that determination. The city has never had a multi-generational recreation center of anything close to this scale. Therefore, I want to state for the record, we don't know, what we don't know. The resolution is consistent with our discussions and sets a path forward that meets our commitment to maximize the facility to the benefit of our residents in partnership with the private sector. The TBID's commitment in the resolution is also critical to our short and long term financial success. We remain committed to operating the facility effectively and efficiently as well as the need to establish and follow financial policies that properly maintain the facility over its lifetime.
The resolution is intended to memorialize current Council's representations of what projects should be funded as well as how those projects should be scheduled and managed. The resolution is also intended to engage Billings' residents and stakeholders in the continued planning process for parks, trails, and recreation projects and to guide future Councils when making decisions about funding and policy direction.
Section 1. General Project Overview
This section of the proposed resolution provides an overview of the projects and lists the specific projects Council wants to be funded by any bonds issued. It should be noted here that the question posed to the voters on November 7 does not similarly limit the scope of parks, trails, and recreation projects that can be funded. If the voters approve the question, any projects that fall within the scope as described in the election resolution may be funded by the city council. It describes the improvements that would be authorized as those with the purpose of "designing, constructing, improving, installing, and equipping City parks, trails, and recreation properties and facilities in the City... including funds for repairs and improvements to existing City parks, trails, and playgrounds... and to pay the costs associated with the sale and issuance of the bonds." Therefore, this proposed project management resolution declares the Council's intention based on current information however a future Council is not bound by this declaration and may modify or rescind this resolution.
There is an edit to Section 1, paragraph 4 to bring to Council's attention. The original language was "the list of projects and tasks must be provided to Council and made available to the public at least 30 days in advance of a Council vote and must be placed on a Council work session agenda prior to a vote to approve the authorization to issue bonds." This resolution requires three steps before the issuance of bonds is authorized. Those steps include presentations to the Budget and Finance Committee, at a Council work session, and at a regular meeting. In the event the Budget and Finance Committee held its meeting within 10 days prior to a work session and then the matter proceeded to the next regularly scheduled Council meeting, the City would be violating the provisions of this resolution if those events occurred in less than 30 days. There are already timelines and deadlines for providing public notice that comply with public participation and notice requirements. Therefore, staff recommends the edited language included in the proposed resolution which removes the 30-day requirement and instead rely on the current agenda timelines established by the City, which comply with public notice and open meeting requirements of the law.
Section 2. Financial Commitments
This section describes the capital campaign as well as recognizing agreements and commitments for future financial obligations. This section also explains Council's intent to reduce the amount of bonds issued or to reduce the debt service depending on the amounts raised and grants obtained.
Council may want to consider the impact of paragraph 2 of Section 2 which requires the capital campaign goal to be accomplished before any project begins. This is very broad and would impact projects that could otherwise begin. Staff recommends removing this provision or alternatively adding the phrase "with the exception of trails projects" at the end of that sentence (this language has been included in the attached draft).
Additionally, staff highlights paragraph 7 of Section 2 for Council's consideration. This appears to be inconsistent with paragraph 2 of Section 2 and therefore, unless that sentence has been deleted as requested above, the addition of the language ("with the exception of trails projects") would be necessary if the intent is to allow trails projects to begin before the $6 million goal is reached.
Section 3. Project Management
The next section describes how parks, trails, and recreation projects should be managed and the creation of community steering committees to assist in narrowing the scope of work for each project to match the proposed budget.
Paragraph 3.f. has been deleted as shown in the attached draft because the public-facing website will have updated information that anyone can access and will accomplish the goal of keeping the Parks Board and committee chairs updated with accurate information.
Staff also requests Council reconsider the preference that any city resident not participate on more than one community steering committee (Section 3.a.iv.). In some situations, there will likely be a handful of people who possess the best qualifications and time available to serve on more than one steering committee and this preference could prevent the committees from being as effective and efficient as possible.
Additionally, staff requests Council reconsider having a separate steering committee for each and every project. It may be the case that a few steering committees would be more proficient at advising on multiple projects than a separate committee. Each project is connected to a comprehensive planning process that included public input and council review and approval. Staff recommends Council also simplify the resolution, removing the committee member selection criteria with a simple clear statement: Steering committees will be established by the city administrator in consultation with the Council members from the relevant ward.
Council should also consider the amount of staff time that will be required to implement the community steering committees. With the addition of the four City Council subcommittees, it is apparent the amount of staff time involved is more than was anticipated. If the resolution is adopted as proposed, steering committees will have requirements for open meetings and public notice which involve city staff to accomplish as well as the numerous hours of staff time to prepare for and attend the meetings.
Section 4. Recreation Center Management
Recreation Center Management is the final section that addresses how the management of the facility should be determined and the factors that should be considered when making that determination. The city has never had a multi-generational recreation center of anything close to this scale. Therefore, I want to state for the record, we don't know, what we don't know. The resolution is consistent with our discussions and sets a path forward that meets our commitment to maximize the facility to the benefit of our residents in partnership with the private sector. The TBID's commitment in the resolution is also critical to our short and long term financial success. We remain committed to operating the facility effectively and efficiently as well as the need to establish and follow financial policies that properly maintain the facility over its lifetime.
ALTERNATIVES
City Council may:
- Approve;
- Amend; or,
- Not Approve
FISCAL EFFECTS
The primary costs associated with the resolution is staff time. Public engagement is critical to making better decisions, building trust and managing expectation but in order to do it well, the administration, parks and recreation dept. and clerk's office will each need to dedicate additional hours to each committee. Decisions to delay other work or add staff will be presented with future fiscal year budget proposals.