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Item 4BM E M O R A N D U M April 5, 2022 To: Shana Yelverton, City Manager From: Alison Ortowski, Assistant City Manager Subject: Item 4B: Consider adoption of the City of Southlake Policy Statement for Open Space Acquisition Action Requested: Consider adoption of the City of Southlake Policy Statement for Open Space Acquisition. Background Information: The Southlake City Council approved Parks, Recreation and Open Space Master Plans in 1992, 1996, 2001, 2005, 2013, and 2021 to authorize the concept of making long-term investments into open space all over Southlake. Over the years, the City has used multiple funding tools to implement recommendations in these plans, resulting in an expansion of the parks and open space system across the City. In order to provide an additional tool to accomplish specific open space acquisition goals, in August 2021, the Southlake City Council approved the calling of a bond election to acquire land for open space and passive parks and in certain cases, storm water management. The election was held on November 2, 2021, and the program was approved by 57% of Southlake voters (4771 votes for, 3544 votes against). Following this election and given the City’s long-standing commitment to investing in green space, staff drafted a policy to outline a holistic strategy for open space management that considers the use of all available tools and funding sources. The proposed policy serves a blueprint to ensure that property acquisition is aligned with the goals of the City and also functions as a communication tool that can be used to inform those making offers to the City regarding those goals. It also provides flexibility in that it provides program guidelines rather than specific requirements that must be met, recognizing that ITEM 4B Item 4B: Consider adoption of the City of Southlake Policy Statement for Open Space Acquisition ; City Council Meeting Date – April 5, 2022 Page 2 of 7 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork each situation is unique and evaluation considerations need to be adaptable. Additionally, the policy establishes and describes criteria to be used to evaluate potential properties within four different categories: 1.Public Purpose and Community Impact 2.Infrastructure Goals 3.Financial Considerations 4.Land Developability and Other Site Considerations The policy also includes a description of possible funding tools and establishes the process the City will use to evaluate and acquire property, noting that eligible activities include: •Property acquisition, •Capital investments that provide improvements for the purpose of storm water management, and •Capital investments that support site accessibility and passive park uses At the February 15, 2022, City Council meeting, staff presented the framework and draft of a policy, seeking feedback from the Council prior to adoption. Council expressed support for the policy as proposed, and the purpose of this item is provide for Council adoption of the policy. Strategic Link: C3 Provide attractive & unique spaces for enjoyment of personal interests Citizen Input/ Board Review: N/A Financial Considerations: As noted earlier, the policy includes as part of the evaluation criteria a set of financial considerations to calculate project financials, including acquisition and development costs, market comparisons, long term maintenance considerations, etc. ITEM 4B Item 4B: Consider adoption of the City of Southlake Policy Statement for Open Space Acquisition ; City Council Meeting Date – April 5, 2022 Page 3 of 7 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork The policy also lists several funding tools that are available for use in open space acquisition projects that meet the eligibility criteria, noting that funding may be used for both property acquisition and improvements and that as projects dictate, other funding tools may be recommended, as determined by the Chief Financial Officer. For the open space projects that meet the eligibility criteria, funding will be determined at the sole discretion of the Southlake City Council upon recommendation by the Chief Financial Officer who will provide a funding plan as part of the consideration process. Legal Review: The proposed policy was reviewed and approved by the City Attorney. Alternatives: Approve Policy Statement with amendments or direct staff to revise the policy and return for City Council consideration at a future meeting Supporting Documents: Open Space Program Policy Statement City of Southlake Policy Statement for Open Space Acquisition Background The Southlake City Council approved Parks, Recreation and Open Space Master Plans in 1992, 1996, 2001, 2005, 2013 and 2021 to authorize the concept of making long-term investments into open space all over Southlake. Over the years, the City has used multiple funding tools to implement recommendations in these plans, resulting in an expansion of the parks and open space system across the City. In order to provide an additional tool to accomplish specific open space acquisition goals, in August 2021, the Southlake City Council approved the calling of a bond election to acquire land for open space and passive parks and in certain cases, storm water management. The election was held on November 2, 2021, and the program was approved by 57% of Southlake voters (4771 votes for, 3544 votes against). Following this election and given the City’s long-standing commitment to investing in green space, the Southlake City Council approved this policy to outline a holistic strategy for open space management that considers the use of all available tools and funding sources. General Purpose and Objectives The City of Southlake is committed to an ongoing improvement in the quality of life for its citizens through a comprehensive, integrated parks and open space system that creates value and preserves natural assets of the City. In addition, the City recognizes the importance of maximizing the investment of public funds and will consider purchasing open space that not only meets park and open space goals but also provides opportunities for bolstering flood control response and enhancing resiliency related to flooding through innovative storm water management. Guiding Principles In carrying out its open space and passive park space objectives, the City of Southlake will adhere to the following guiding principles to best determine the strategic investment of its resources in eligible projects: •Property is accessible to the public and intended use serves a public purpose. •Project supports infrastructure goals related to storm water management, trail development, and/or the provision of passive parks. •Project will make a unique or unequaled contribution to open space preservation efforts in the City of Southlake, due to its magnitude, significance to the community or aesthetic quality. •Acquisition of property will serve to protect natural water resources (creeks and streams), reduce erosion, and promote infiltration of rain and snowmelt into the ground to help protect against flooding. •Properties are appropriately sized to accommodate identified public purpose and other passive park activities, including associated needs related to parking and access or to provide for preservation of identified natural resources or habitats. ITEM 4B Property Evaluation Criteria Recommendations for property acquisition will be based on the following evaluation criteria: Public Purpose and Community Impact •Is the property currently accessible to the public? If not, what type of access or parking improvements would need to be made? •How compatible is the project with the City’s comprehensive plan goals? •Does the property have unique natural resources, trees, or natural history characteristics? •Would the acquisition provide multiple public benefits? •Will property create a buffer between nonresidential development and established residential neighborhoods? •Will the property help maintain natural view corridors along major roadways such as SH 114 or major collector streets? Infrastructure Goals •Does land establish regional or sub-regional recreation connections (walkways, bike trails) identified in an endorsed council plan (e.g. mobility plan, parks and open space plan) •Does project integrate passive recreational opportunities into preserved natural and drainage areas? •Does project provide opportunity to bolster flood control response and advance storm water management goals and priorities? Financial Considerations •How do acquisition costs compare with current market? •If significant improvements needed, how do improvement costs impact feasibility? •Is there proximity or contiguity to other open space which can enhance the value of both spaces? •Will there be significant maintenance costs? Land Developability and Other Site Considerations •Is property undeveloped? •Is property in a floodplain? •Is there a willing seller? •Does the appropriate title and ownership appear to be free of obvious problems? •Will development of the land require Federal or State approvals? •How does the size of the property accommodate and align with identified uses? Eligible Activities Open space acquisition funds may be used for one or more of the following eligible activities: •Property acquisition •Capital investments that provide improvements for the purpose of storm water management •Capital investments that support site accessibility and passive park uses ITEM 4B Available Funding Tools The following funding tools are available for use by the City of Southlake for those open space projects that meet the eligibility criteria. Funding may be used for both property acquisition and improvements. Not all tools are available for each project and projects may also utilize more than one tool. The type and number of tools to be used is the sole discretion of the Southlake City Council upon recommendation by the Chief Financial Officer. Additionally, as project needs are identified, other funding tools may be used as recommended. General Fund The City’s principal operating fund, which is supported by taxes, fees, and other revenues that may be used for any lawful purpose. This fund accounts for all activity not specifically accounted for in other funds. It includes such operations as police, fire, engineering, planning, finance, and administration. If deemed necessary, this fund would be utilized to support bonds sold as authorized by voters in the 2021 open space bond program election. ✓Cash ✓Bonds Strategic Initiative Fund This fund was created in 2006 for the purpose of taking General Fund balance reserves in excess of the City identified optimal fund balance level and using them for one-time expenditures for high-impact projects such as infrastructure maintenance, community enhancement, technology, and capital acquisition. ✓Cash Southlake Parks Development Corporation The Southlake Parks Development Corporation was formed when Southlake voters approved the special levy of a half -cent sales tax in the mid-1990s which is dedicated toward the acquisition and development of Southlake’s park land. ✓Cash ✓Bonds Storm Water Utility System Fund This fund accumulates dollars collected by the storm water utility fee paid monthly by the owners of all of Southlake’s developed properties. These fees provide a funding source for maintenance, repair, and construction of storm water facilities, and can only be spent for these purposes. ✓Cash ✓Bonds Park Dedication Fee Fund This fund accounts for dedication fees on new development. Use of park dedication fees is restricted to park improvements and primarily used for capital expenses. ✓Cash ITEM 4B Process The following process will be utilized by the City of Southlake in evaluating and considering a property for acquisition: •STEP 1 - PRELIMINARY REVIEW: Appropriate City staff will utilize this policy and in particular, the evaluation criteria, to assess properties. •STEP 2 – CITY COUNCIL CONSIDERATION: City staff will present the proposed property to City Council in Executive Session. City Council may direct staff to proceed with acquisition or if additional information or evaluation is needed, direct staff to proceed with further review, returning for a future Executive Session discussion to determine if the City should proceed with acquisition. It is during this step of the process that the Chief Financial Officer will present the recommended funding plan for property acquisition and capital improvements. The funding plan will identify funding tools and if cash, bonds, or a mix of both is recommended. •STEP 3 – INITIATE ACQUISITION PROCESS: Staff will work with a broker to manage acquisition of target properties. As negotiations proceed, there may be a need for additional discussions with City Council. •STEP 4 – COMPLETE ACQUISITION PROCESS/CITY COUNCIL ACTIONS: Once negotiations are completed, staff will finalize the funding plan and make a final recommendation to the City Council. City Council will be asked to act on purchase contracts and if bond funds are recommended, action will be needed to authorize the issuance of those bonds. In addition, as part of the budget process, staff may request authorization of fund allocation as part of the proposed operating or capital improvements budgets. ITEM 4B