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HomeMy WebLinkAbout08/05/2008 07 Soccer Complex Grant Application; Resolution Amendment • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 7 Item No. . For Meeting Of August 5, 2008 ITEM TITLE: Consideration of Amended Resolution to the Recreation and Conservation Office for Soccer Complex Grant Application SUBMITTED BY: Doug Mayo, Wastewater Manager CONTACT PERSON/TELEPHONE: Doug Mayo, Wastewater Manager, 575 -6077 or 961 -4431 SUMMARY EXPLANATION: On April 15, 2008, by Item No.6, City Council approved a Resolution authorizing application to the State of Washington Recreation and Conservation Office (RCO) for a grant to further the development of a soccer complex lead by Yakima Youth Soccer Association (YYSA). RCO has requested that the form of the resolution be amended to conform to their application requirements; though no substantive changes in intent are made, staff respectively requests City Council approval of the attached Resolution. 0 In the absence of the amended Resolution, the current grant application (RCO #08- 1370D) will not be considered by the RCO. The application must be submitted by August 19 2008. continued Resolution X Ordinance _ Other (Specify) Contract Mail to (name and address): Phone Funding Source No City funds are to be involved APPROVED FOR SUBMITTAL: ..._ �`� City Manager • STAFF RECOMMENDATION: Staff respectfully recommends the City Council, with understanding of the obligations outlined below, approve the attached Resolution authorizing application to the State of Washington Recreation and Conservation Office (RCO) for a grant to further the development of a soccer complex. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: e Legal/BD rev. effective 7/21/92 • • Continued from front page: , • As explained' on the enclosed documents, the RCO grant for which we are applying brings with it significant conditions (see the "anti- conversion" requirements) of which Council should be aware. Specifically, use of this RCO grant money to develop the property as proposed will obligate the City to maintain the entire project presented in the Grant application for perpetuity (not less than 25 years). Only by obtaining permission from the IAC, which would require replacement in kind or betterment, can the land outlined in the• proposal be utilized for any other use. In the event of a relocation, the cost to replace the facility proposed (to the extent the impacted improvements were funded through the RCO grant or required match, including acquisition of land), would be the obligation of the City of Yakima. Given the disposition of the property as a wastewater utility asset, it's relationship to the Wastewater Treatment Plant, as well as it's proximity to the Yakima River and location within the floodplain, there exists a probability that there may be competing public needs for the property, over time. For instance, "several organizations in the area are collaborating on a project that could relocate the levy to the east of the Wastewater Treatment Facility. Such relocation is likely to require alterations and additions to our treatment process. One of the possible mitigation methods would involve use of the land encompassed in the YYSA proposal. Also, EPA clean water standards continue to mandate additional treatment processes to the City's Wastewater Division. A TMDL on the Yakima River is scheduled in the next few years. The ramifications to the City with regard to wastewater treatment requirements of this action are yet to be determined. Much of the land upon which to develop the infrastructure, which may be required by these future mandates, could require ;'use of the property encompassed in the YYSA proposal. At present there is no known near -term need for the property for wastewater or flood control purposes addition, in that the resolution authorizes submittal of an application only, there are other decision points necessary in the event an RCO grant is awarded, as well as an opportunity to address the potential impacts discussed herein as part of any subsequent agreements necessary to implement the project. While there are several 'unknowns with regard to future needs for the property,` the merits of the project warrant a recommendation for approval of the Resolution. • • { • - - • Legal/BD rev. effective 7/21/92 I ' - i • RESOLUTION NO. R -2008- (Project RCO #08- 1370D) A RESOLUTION authorizing application for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project (RCO #08- 1370D) to the Recreation and Conservation Office (RCO) as provided in Chapter 79A.15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands. WHEREAS, our organization has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of land acquisition and /or facility development; and WHEREAS, our organization considers it in the best public interest to complete the land acquisition and /or facility development project described in the application; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager be authorized to make formal application to the Recreation and Conservation Office for funding assistance; 2. Any fund assistance received be used for implementation of the project referenced above; 3. Our organization hereby certifies its share of the project is committed and will be derived from the Yakima Youth Soccer Association capital fund and donations from grants and the S community; We acknowledge that we are responsible for supporting all non -cash commitments to this project should they not materialize. 5. We acknowledge that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the funded purpose and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and RCFB 6. This resolution becomes part of a formal application to the Recreation and Conservation Office; and 7. We have provided appropriate opportunity for public comment on this application. ADOPTED BY THE CITY COUNCIL THIS th DAY OF , 2008. David Edler, Mayor Attest: Deborah Moore r • 10 IAC MANUAL 15 — LWCF PROGRAM: POLIr7F• & PROJECT SELECTION — MARCH 10, 2006 Section 2 = Policies Non - recreation uses such as agriculture occurring on the property at the time of acquisition may continue for up to three years, contingent upon IAC and NPS approval. A project sponsor will not receive payment on the project until the non- recreation use is terminated. If development will be delayed more than two years from the date of acquisition, the project sponsor must include the following information in the application: ■ Why immediate acquisition of the property is necessary; ■ What facilities will be developed and when; ■ The type of recreation access that will be provided during the interim period; ■ What, if any, non - recreational uses will be continued on the property and when will they be terminated; Assurance that non - recreational uses will be terminated within three years from the date of acquisition. Protect Boundaries - Section b(f)(3), of the LWCF Act contains provisions to protect Federal Section 6(F)(3) of the' % thoesunent s'an d the quality of assisted resources. The law is firm but flexible. LWCF Act It recognizes that changes in land use or development may make some assisted areas obsolete over time, particularly in rapidly changing urban areas. At the same time, the law discourages casual "discards" of park and recreation facilities • by ensuring that changes or "conversions from recreation use" will bear a cost — a cost that assures taxpayers that investments in the "national recreation estate" will not be squandered. The LWCF Act contains a clear provision to protect grant - assisted areas from conversions: Section ;6(3) No properly acquired or deteloped with assistance under this section shall; ivltbnr the approval of the Secretary, be converted to other than public outdoor recreation rues. The Secretary .shall apt'wte such ctmtersions onb if fs]he finds it to be in acmni with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as [s]he deems necessary to assure the substitution of other recreation properties of at least equal fa it market value and of reasonably equivalent usefulness and location. Thi " conversion" requirement applies to all parks and other sites that have been the subject of LWCF grants of any type, whether for acquisition, development or renovation of facilities: In many cases, even a relatively small LWCF grant (e.g. for development of a picnic shelter) in a park of hundreds or even thousands of acres provides anti- conversion protection to the entire park site. To ensure the continued effectiveness of Section 6(f)(3) protection, several management tools have been developed to monitor and correct changes in assisted sites from year to year. For example, the NPS requires on -site inspections of all grant - assisted areas and facilities at least once every five years, most of which are conducted by cooperating state agencies. • 6(f)(3) Boundary Map. One of the most important attachments to the project application is the "6(f)(3) project boundary map." With each application, the IAC MANUAL 15 — LWCF PROGRAM: POLICIES f+ PROJECT SELECTION — MARCH 10, 2006 it Section 2 — Policies grantee submits a project boundary map showing the park area to be covered by Section 6(f)(3) anti- conversion protections. This map need not be a formal survey document, but should contain enough site - specific information to serve several purposes: ■ It ensures that both the grantee and the administering agency agree on the property boundaries of the covered site at the time of project approval. ■ It provides location, size indicators, and a picture of key facilities and landmarks to help project inspectors better identify and evaluate the site. The significance of the project boundary should clearly delineate the area to be included under the conversion provisions of Section 6(0 (3) of the LWCF Act. All land within the project boundary must be dedicated in perpetuity to public outdoor recreation. At a minimum, this area must be a viable public outdoor recreation area that is capable of being self- sustaining without reliance upon adjoining or additional areas not identified in the scope of the project. Except in unusual cases where it can be shown that a lesser unit is clearly a self- sustaining outdoor recreation resource, the area to include within the 6(0 (3)- boundary map will include the larger park, open space, or recreation area being developed or added to. Any change of use of the property within the boundary for other than public outdoor recreation purposes will require replacement of the converted land. The requirements for this map are: 1. Use a sheet size 8 1/2" x 11" or a multiple thereof, to allow for filing. The maximum size of any one sheet should be 22" x 34 ". 2. The map must be to scale, show the scale, and the scale should be sufficient to clearly distinguish the pertinent features of the park. The map must use a bar scale — a relational scale is not sufficient. 3. The map must be dated and show park name and a north directional arrow. 4. The park boundary line must be shown and if there is a difference between the park boundary and project boundary, this must also be clearly shown. 5. Al] existing facilities, including utilities must be shown. If there has been a previous LWCF project within the park boundary, that project number should be shown on the map, indicating the funded items. 6. Indicate all of the facilities to be included in the project application, either by appropriate notes or by color - coding. 7. All proposed facilities to be constructed in the future should also be shown, if known. The future facilities may be shown to scale or by notes indicating general use areas such as "future picnic area" or "future ballfield." 8. The map must show all known outstanding rights and interests in the area. Known easements, deed /lease restrictions, and reversionary interests are to be included. The map must be sufficient to legally identify the lands to be afforded protection under Section 6(0(3) of the LWCF Act The following are acceptable methods for referencing property boundaries: deed, references adjoining ownerships, adjoining easements of record, adjoining water bodies or other natural landmarks, metes and bounds, government survey, or •