HomeMy WebLinkAbout09-26-16 CC Mtg - C3. NURD Bylaws
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Economic Development Director SUBJECT: City Commission Ratification of the Adopted Northeast Urban Renewal District Board Bylaws
MEETING DATE: September 26, 2016
AGENDA ITEM TYPE: Consent RECOMMENDATION: Ratify the Northeast Urban Renewal District (NEURD) Board bylaws approved
by the Board at their regular monthly meeting held on September 6, 2016. BACKGROUND: Since the creation of the NEURD in 2005, the Board has operated using provisions from the adopted NEURD plan. (Attachment 1) No record of bylaws having ever been created or adopted has been located, nor does any current Board member, recording secretary or staff liaison have any memory of bylaws ever being created or adopted by the NEURD Board. Current practice for any City Board creating, updating or modifying their bylaws is to standardize the document by using an approved bylaw template and adjust accordingly, as was done in the drafting of the NEURD Board bylaws. The approved NUERD Board bylaws are consistent with the NEURD Plan and Board practice for the ten-plus years of the NEURD’s existence. (Attachment 2) The NEURD Board bylaws were approved by the Board at its regularly scheduled monthly meeting held on September 6, 2016. (Attachment 3) Adopted Board bylaws require City Commission ratification. UNRESOLVED ISSUES: None.
9
FISCAL EFFECTS: None. Attachments: 1. Excerpt (p 12 – 14) from the 2005 NEURD Plan; 2. Board approved NEURD Board bylaws; and 3. Draft minutes of the September 6, 2016 NEURD Board meeting.
Report compiled on September 15, 2016.
10
11
12
13
14
1 of 8
Northeast Urban Renewal Board
Rules of Procedure
Adopted September 6, 2016
Section 1 Applicability.
A. These rules shall govern the conduct of all City of Bozeman boards, commissions,
agencies, and committees (hereinafter “boards”) where a majority of members are
appointed by the City Commission and shall supplement other governing rules of
the board.
B. These rules are supplementary to the provision of Title 7, Ch. 1, Part 41, MCA, Title
7, Ch. 5, Parts 41 and 42, MCA, and Title 2, Chs. 2 and 3, MCA as they relate to
procedures for conducting meets and public hearings before City boards. Section 2
Board Composition. The Northeast Urban Renewal Board (NURB) shall consist of five
voting members. Any person may be appointed as voting members if they reside within the
municipality or own property within the District. The preferred composition of the NURB
includes two residents of the District, two business owners in the District, and one member
at large. The NURB may also consist of up to four non-voting members who possess
expertise or other qualifications necessary to help implement the plan. All voting and non-
voting members shall be appointed to four-year terms.
Section 3
Chairperson and Vice Chairperson – Powers and Duties. During the first meeting of the
board each year the board shall appoint by majority vote, a chair and a vice chair. If appropriate, they shall also appoint a board secretary. The NURB will make every effort to
fund its own staff to serve as board secretary, either by contracting for services with existing
public agency staff, contracting for services with a private firm, or hiring a staff.
The chair shall be the presiding officer of the board. During the absence of the chair, the vice chair shall discharge the duties and exercise the powers and authority of the chair. The
presiding officer shall preserve strict order and decorum at all meetings and confine
members in debates to the question under consideration. The presiding officer may move
or second any item of business then before the board. The presiding officer shall state, or
cause to be stated, every motion coming before the board, announce the decision of the board on all subjects, and decide all questions of order, subject, however to an appeal to
the board, in which event a majority vote of the board members present shall govern and
conclusively determine such question of order. The presiding officer shall vote on all
questions.
15
2 of 8
Section 4
Parliamentary Authority. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the Northeast Urban Renewal Board shall be conducted in accordance with these rules. In all cases not covered by these rules, the controlling
parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised.
Section 5 Meeting Agendas.
A. The chair, staff liaison, or another designated board member shall arrange a list of
matters to be brought before the board according to the order of business specified
herein, and furnish each member and the public through the City’s website with a copy of the agenda and all supporting information no later than 48 hours immediately preceding the meeting for which that item has been scheduled. All
material to be presented to the board for consideration with an agenda item shall be
made available to the public within the above time frame. Copies of the agenda shall
be available from the City Clerk and one copy shall be posted at the designated posting board in the City Hall for public viewing and made available on the City’s website. Pursuant to Section 7-1-4135, MCA, the Northeast Urban Renewal Board
designates as the official posting place for all boards the posting board in the lobby
of City Hall located at 121 North Rouse Avenue, Bozeman, Montana.
B. The staff liaison or board chair shall prepare the meeting agenda and may consult with other board members in preparing the agenda. The chair or a majority of board
members may add to or remove an item from the agenda. The agenda shall be in
substantially the following form:
i. Call to Order. ii. Changes to the Agenda. iii. Approval of Minutes.
iv. Public comment on non-agenda items (always required).
v. Special Presentations (if required).
vi. Discussion/Action items. vii. FYI/Discussion1. viii. Adjournment.
Order of the above may be adjusted by the presiding officer.
Section 6
Meetings. All meetings of the board shall be open to the public unless authorized by law.
Prior to closing any meeting of the board, the chair or staff liaison shall consult with the city
attorney.
1 No action may be taken on items brought up during this section which are not on the agenda. Discussion must be limited to informational items only or to discuss placing an item on a future agenda; for more substantive or detailed discussion on an item it must be scheduled for an upcoming agenda.
16
3 of 8
A. General/Regular Meetings:
ix. Boards shall hold a regular meeting once a month or no less than quarterly
as directed in their establishing documents.
x. Any meeting of the board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting.
xi. The presiding officer, staff liaison or majority of the board may cancel a
regular meeting if no business is scheduled for that meeting.
B. Public Hearings:
xii. Public Hearings are meetings required of some citizen advisory boards to
be held as a public hearing pursuant to law. The provisions of subsection
A of this section apply to Public Hearings.
xiii. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date and time.
C. Executive Sessions: Executive Sessions are meetings of the board with the purpose
to discuss litigation strategy, a matter of individual privacy, or other matters wherein
a meeting may be closed pursuant to law and will be scheduled as needed. Although each Executive Session will commence as an open public meeting, Executive Sessions may be closed to the public pursuant to authority and limitations
in Title 2, Ch. 3, Part 2, MCA. An Executive Session may be called at any time
during any meeting if authorized by law.
D. Special Meetings: The presiding officer, a majority of the board or the staff liaison
may call special meetings of the board, upon at least forty-eight (48) hours’ notice
to each member personally served on each member through e-mail or left at the
member’s usual place of residence and also notice to the public by, at a minimum,
posting the agenda on the City’s website and posting board. Section 7
Order of Presentation/Public Participation.
A. The order of presentation in which items are presented to the board shall generally be as follows: i. The staff liaison shall present the agenda item to the board, if appropriate.
ii. If applicable, the staff liaison may present a background report on the
matter for discussion. Upon conclusion of a staff presentation, board
members may ask questions of staff for the purposes of understanding and clarification. If the agenda item is a public hearing, the presiding officer will open the public hearing prior to staff presentation.
iii. If applicable, comments from the applicant, or the applicant’s agent, shall
be heard. The applicant’s presentation/testimony is limited, subject to the
discretion of the presiding officer, to ten (10) minutes. iv. After being recognized by the presiding officer, a board member may direct questions to the staff or applicant.
v. Members of the audience or their agent may be invited to present testimony
or evidence. To be recognized, each person desiring to give testimony or
17
4 of 8
evidence shall step forward and, after being recognized, give their name
and address for the record. The presiding officer may establish a timeframe
for each public comment but in no case shall such timeframe be less than
three (3) minutes per speaker. The presiding officer may lengthen or shorten the time allotted for public testimony. vi. After being recognized by the presiding officer, a board member may direct
questions to any person so testifying for purposes of clarification.
vii. Following public comment, the staff liaison shall be given the opportunity to
comment on any testimony or other evidence. viii. Following staff comment and if a public hearing, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence.
The applicant’s comments and rebuttal is limited, subject to the discretion
of the presiding officer, to five (5) minutes.
ix. If a public hearing, following applicant rebuttal and any further questions, the presiding officer will close the hearing and bring the agenda item forward for discussion, motion and vote.
x. If a public hearing, after being recognized by the presiding officer, a board
member may direct questions limited to the rebuttal testimony and
evidence. xi. The board secretary shall enter into the record all correspondence that has been received but was not yet provided.
xii. Unless required to act by a certain date pursuant to law, the board may
continue the discussion to a date certain, close discussion and vote on the
matter, or close the discussion and continue the vote to a date certain. B. All testimony and evidence shall be directed to the presiding officer. No person,
other than a board member and the person recognized as having the floor shall be
permitted to enter into the discussion. No questions shall be asked of a board
member except through the presiding officer. C. The board may ask the staff liaison for its recommendation.
D. If a public hearing, in the event the applicant does not appear at the scheduled time
and place, unless the applicant has waived his or her appearance in writing, and which waiver has been accepted, or unless the matter is submitted as a consent item, the matter shall be continued to the next available regular meeting, public
hearing date, or other date certain.
E. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board
member except through the presiding officer.
F. For all public hearings involving land use and annexation decisions, the board will wait a minimum of one week before making a decision whenever requested by a member unless a decision is required due to a statute, ordinance or other law.
18
5 of 8
G. Board members are urged to state the reasons for their decisions, particularly on
land use issues; the record must reflect findings regarding legal criteria for all quasi-
judicial decisions. H. Witnesses may be required to testify under oath.
I. The board shall not be bound by the strict rules of evidence and may exclude
irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. J. The presiding officer shall rule on all questions relating to the admissibility of
evidence with advice from the City Attorney, which ruling may be overruled by a
majority vote of the board.
K. A public hearing which has been formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received
or considered except as provided herein. If additional information is required from
the public before a decision can be made, the board upon motion duly made,
seconded and passed, may call for an additional public hearing which hearing shall be noticed as required by law, specifying date, time place and subject matter of hearing. Upon decision by the presiding officer or upon a duly adopted motion of
the board to reopen the public hearing prior to close of the agenda item in which the
hearing was held, the requirement to provide public notice does not apply; the public
hearing may be reopened and the additional input provided prior to a final decision on the item.
Section 8
Quorum and Voting. Unless otherwise provided by law, a quorum shall consist of a majority of existing appointed board members. If a quorum is not present, those in attendance shall be named and the board shall adjourn to a later time. The board secretary shall reduce
motions to writing and, upon request shall read a motion prior to the vote. Upon every vote,
the outcome shall be stated and recorded. A board member has an obligation to vote unless
there is a conflict of interest. E-mail, telephonic, or proxy voting shall be prohibited. Section 9
Rules of Debate/Reconsideration/Conflict of Interest.
A. Every board member desiring to speak shall address the presiding officer and upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language.
B. A board member, once recognized, shall not be interrupted when speaking unless
the member is to be called to order, or as herein otherwise provided. If a board member, while speaking is called to order, they shall cease speaking until the question of order be determined, and, if in order shall be permitted to proceed.
19
6 of 8
C. Order of rotation in matters of debate or discussion shall be at the discretion of the
presiding officer.
D. A motion to reconsider any action taken by the board must be made on the day such action was taken. It must be made either immediately during the same session, or
at a recessed and reconvened session thereof. Such motion shall be made by one
of the prevailing side, but may be seconded by any member, and may be made at
any time and have precedence over all other motions or while a board member has the floor. It shall be debatable. Nothing herein shall be construed to prevent any board member from making or remaking the same or any other motion at a
subsequent meeting of the board, but the matter must be duly scheduled as an
agenda item.
E. Pursuant to the City’s Code of Ethics, a board member may seek the advice of the City Attorney as to whether the member has a conflict of interest pursuant to law. If
the board member is advised there is a conflict of interest, the member shall recuse
himself/herself, step away from the meeting table, and refrain from discussion and
vote on the matter. F. After a motion, duly made and seconded, by the board, no person shall address the
board without first securing the permission of the presiding officer.
Section 10 Open Meetings and Email.
A. Except for properly-called executive sessions as permitted by state law, all meetings
of the board shall be open to the public and media, freely subject to recording by
radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings.
B. A majority of the board shall not conduct synchronized email discussions involving
a matter over which the board has supervision, control, jurisdiction, or advisory
power. Synchronized email discussions are email exchanges among a majority of board members within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are
characterized as an active exchange of information rather than the passive receipt
of information. An example of synchronized email discussion would be a majority
of board members sitting at their computers and instantly exchanging emails concerning board business, whereas a passive receipt of information is where a board member receives an email and responds in the normal course of time similar
to responding by letter received in the mail. The board shall not view emails or other
electronic communication mechanisms concerning any matter on the agenda during
a board meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication
mechanisms include text messaging or any other emerging technology that violates
the spirit of open meeting laws. This does not preclude viewing emails or electronic
communication mechanisms that were received prior to the board meeting. Emails
20
7 of 8
received by board members concerning an agenda item shall be forwarded to the
staff liaison or board secretary and retained in accordance with the City’s retention
policy.
Section 11
Decorum.
A. While the board is in a session, board members must preserve order and decorum,
and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the board nor disturb any member while speaking or refuse to obey the orders of the board or its presiding officer.
B. Any person making personal, impertinent or slanderous remarks or who shall
become boisterous while addressing the board may be denied further audience with the board by the presiding officer, unless permission to continue is granted by a majority vote of the board.
C. The board shall not debate, in a heated or argumentative manner, with a member
of the public presenting testimony during a meeting. D. Speakers shall only address the agenda item before the board. Any person
speaking on an agenda item not before the board may be called out of order.
Section 12 Recording of Meetings and Minutes.
A. The board secretary shall prepare a summary of all meetings to be known as the
“Minutes” and to be approved by the board. It shall not be necessary to formally
read out loud the Minutes prior to approval. Such Minutes may be revised by the staff liaison or board secretary to correct spelling, numbering, and other technical defects. Prior to approval, any board member may request the privilege of
amending or correcting the Minutes to accurately reflect the substance of the prior
meeting. If objection is made by any board member to such amendment or
correction, a majority vote of the board shall be necessary for adoption of the correction or amendment. The minutes shall be forwarded to the City Clerk’s office for posting within three months of the meeting.
B. Executive Session Minutes. Executive session minutes shall be taken and prepared
by the board secretary. The board shall approve the minutes of an executive session in open meeting; provided, however that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in executive session. The staff
liaison or board secretary will distribute the draft executive session minutes to the
members in a manner that ensures and retains confidentiality. The board shall follow
the provision 2.02.130, BMC related to dissemination of executive session minutes. C. Televising, broadcasting or audio recording of meetings: At the discretion of the
board and City Clerk’s office, meetings may be televised, broadcast or an audio
recording made. If recorded, audio recordings shall be made available to the public
21
8 of 8
unless required to be kept confidential by law.
Section 13
Attendance at Meetings/Removal by City Commission/Terms. All board members are expected to contribute the time necessary to fulfill their fiduciary obligations to the board. All
board members are required if they are to be absent from a meeting to contact the presiding
officer and the staff liaison prior to the meeting. If prior contact is made, the absence will be
determined excused. If the board member fails to contact the presiding officer or staff liaison prior to the meeting, the absence will be considered unexcused. The City Commission will be notified by the staff liaison of any board member with three or more unexcused absences
in any calendar year. The board, via motion and vote, may forward to the City Commission
the name of any board member having three or more excused absences, or a combination
of excused and unexcused absences. As provided by law, the City Commission may remove a board member for excessive absences. A board members term may be extended for up to 30 days after term expiration on a case by case basis by the Deputy City Clerk if the board
member has reapplied for a subsequent term but the application process has not yet been
heard by the City Commission.
Section 14
Compliance with the City Code of Ethics. All board members are required to follow State
ethics laws regarding appointed officials and the city of Bozeman Code of Ethics. New board members will receive the City of Bozeman ethics handbook and must sign a form acknowledging receipt of the handbook, take an oath they will uphold the state and city
ethics codes. Board members are also required to take an initial ethics training within two
months after appointment. Each year board members are required to attend city sponsored
ethics. Non-compliance with the City Code of Ethics and training requirements may result in removal of a board member. See the City Code of Ethics for more details.
Section 15
Compliance with the City Purchasing Policy. All boards are subject to the City purchasing policy (Administrative Order 2009-06), as revised, unless specified by law. City staff liaisons shall handle financial transactions unless specific arrangements have been made in writing
through the City controller.
Section 16 Compliance with State Records Retention Policy. All City boards are subject to the State
of Montana records retention policy.
A. The City Clerk will handle retention of all agendas, minutes and board resolutions
once they have been forwarded to the clerk’s office. B. E-mails, websites and social networking sites are subject to adopted records retention schedules. For social media and websites please refer to the current
Information Technology Social Media Use Policy for further guidelines.
22
NURB Meeting – September 6, 2016 1
Northeast Urban Renewal Board (NURB)
Regular Meeting
Tuesday, September 6, 2016
The Northeast Urban Renewal Board met in regular meeting at 6:30 p.m. on Tuesday,
September 6, 2016, in the Conference Room, Professional Building, 20 East Olive Street,
Bozeman, Montana. Present: Absent:
Voting Members:
Erik Nelson, Vice Chair Bobbi Clem
Daniel Doehring
Robert Pavlic Jeanne Wesley-Wiese Non-Voting Members:
Tom Noble
John Usher Commissioner Liaison:
I-Ho Pomeroy
Staff: Brit Fontenot, Economic Development Director
Robin Sullivan, Recording Secretary
Guests:
Shane Strong, KLJ Engineering Chris Nixon, 719 North Wallace Avenue
Call to Order – Vice Chair Erik Nelson called the meeting to order at 6:35 p.m.
Changes to the Agenda – No changes were made to the agenda.
Public Comment – No comment was received under this agenda item.
Minutes – August 2, 2016. It was moved by Dan Doehring, seconded Bob Pavlic, that the minutes of the meeting of August 2, 2016, be approved as submitted. The motion carried on a
5-0 vote.
Discussion/Action Items – Discussion regarding capital improvement projects within the district, including to
23
NURB Meeting – September 6, 2016 2
East Peach Street and East Tamarack Street. Economic Development Director Brit Fontenot
noted that over the past several months, the Board has voiced an interest in better
understanding the costs of reconstruction of both East Peach Street and East Tamarack Street.
He stated the original drawings for these street improvements include edge reconstruction; however, the condition of those roadbeds was not known at that time. The Board has also
expressed interest in knowing if City participation can be expected for these improvements.
Shane Strong, KLJ Engineering, gave an update on the North Wallace Avenue project, noting that Phase I from East Lamme Street to East Peach Street has been paved with striping and signage being finished. The pavement from East Peach Street to East Tamarack Street has
been torn up as Phase II is now underway. Knife River is to begin storm inlets and stormwater
mains and Sime Construction will begin doing water mains later in the week. The project is on
schedule at this time. The original ending date was October 28; the contractor requested 21 additional days and was granted 5 days, so the ending date is now the first week of November.
Erik Nelson asked if the project is on budget, noting that additional costs incurred by this TIF are
an important factor as this Board identifies the monies available for additional projects. Shane Strong responded that the quality of the soil and its bearing capacity has been a big
unforeseen factor in this project. He noted that stabilization and fabric in Phase I was $62,000
over projections; and he estimates that Phase II will cost $65,000 over projections. He noted
that cost overrun totals approximately $128,000.
Director of Public Service Craig Woolard stated that the overall project price is almost $2.3
million, so the $128,000 overrun is a relatively small percentage of the total cost. As a result, he
is not concerned about the additional costs at this time. Shane Strong noted that, based on the higher costs projected at this time, the TIF’s portion of
funding will increase from approximately $90,000 to $99,000.
Responding to questions from Jeanne Wesley-Wiese, Shane Strong stated the additional work being done in Davis Street is a water main extension down that street to eliminate the service
lines that currently run from North Wallace Avenue across private properties to other properties.
These costs are being paid by the water utility.
Erik Nelson asked if the reconstruction of East Peach Street and East Tamarack Street are included in the capital improvement program and if they can be funded in part by the City’s
street reconstruction fund.
Director of Public Service Craig Woolard responded that there are 25 streets in the community that need to be reconstructed, and there are only enough funds to do one street per year. He
characterized North Wallace Avenue as this district’s street and stated that TIF funds are
available, so he does not anticipate any of the reconstruction monies will be available. He
acknowledged that the Board can lobby the Commission for these funds; however, he will recommend against it. He indicated that significant street reconstruction monies will not be
expended in this area for at least five years and possibly not for the next twenty-five years;
however, he indicated that if a small gap in funding exists after TIF monies and bonding
capacity have been exhausted, he would be willing to look at closing that gap.
24
NURB Meeting – September 6, 2016 3
Responding to Erik Nelson, the Director stated he anticipates the same soil conditions under
East Peach Street and East Tamarack Street as are under North Wallace Avenue, particularly in
light of the core samples that have been taken.
Shane Strong stated there are water and sewer projects planned in East Peach Street; Director
Woolard noted those would be coordinated with the street reconstruction, and the utility funds
would bear those costs.
Economic Development Director Fontenot asked about the pedestrian crossing on North Wallace Avenue.
Shane Strong responded that MRL dropped off the concrete panels for the crossing, but they
have not yet been installed. They should be installed yet this week; and paving to that crossing will be done by the end of October.
The Economic Development Director reminded the Board that both the GVLT and the Parks and
Recreation Department have committed $7,500 each in funding for this project. He will coordinate billing for those monies so that this TIF fund can be reimbursed for a portion of this expenditure.
Responding to Dan Doehring, Shane Strong stated the section of North Wallace Avenue
between East Tamarack Street and the railroad tracks will be closed after the section to the south has been completed.
Responding to John Usher, Shane Strong stated the storm sewer line will extend east on East
Tamarack Street from Bozeman Creek to North Wallace Avenue and then south on North Wallace Avenue.
Discussion regarding improvements in traffic circle on North Wallace Avenue.
Director of Public Service Craig Woolard cautioned that the traffic circle on North Wallace Avenue just south of this TIF district is very small and, therefore, it would be extremely difficult to
put a sculpture there or incorporate plantings into it. He also noted that a sculpture or tall
landscaping could be a distraction, triggering safety concerns. He then asked that the Board
allow staff to go through a winter first, and then possibly see if a planter can be added during the summer and removed during the winter.
Erik Nelson noted it is important to yield to safety concerns. Also, he is supportive of letting a
season run before making any decisions about incorporated a planter into the traffic circle. Responding to Bobbi Clem, Director of Public Service Woolard stated this will be the only small
traffic circle in town, and crews will need to figure out how to maintain and plow it. He noted that
if this issue is revisited in the spring, he will have better information on the winter maintenance.
Erik Nelson noted that since this traffic circle lies outside the district, this Board will need a
nexus to support paying for landscaping or a planter in it.
Shane Strong cautioned the traffic circle located just south of East Tamarack Street is very
narrow and not irrigated.
25
NURB Meeting – September 6, 2016 4
Erik Nelson asked if it would be possible to install the curb edge and leave dirt on the interior
until it has been determined whether some type of planting can be done. He noted that if
landscaping is found not feasible, then concrete could be poured over the open area at a later
date.
Director of Public Service Woolard responded that would be possible. He then noted that
drought tolerant plants could be used in the landscaping, or a portable planter could be placed
in the traffic circle in the spring and removed in the fall. Updates on current projects and updated project cost estimates – KLJ
Engineering. Shane Strong distributed copies of his memo dated August 2, which includes
updated cost estimates for the projects previously identified as top priorities by this Board. He stated that full reconstruction of East Peach Street and East Tamarack Street increase the costs
of those two projects to just over $1.3 million, and North Ida Avenue will add another $300,000.
Economic Development Director Brit Fontenot stated he is waiting for the final property values within the TIF district; and that information should be ready by the next meeting.
Responding to questions from Erik Nelson, Shane Strong stated he is waiting for the final plans
from the Montana Department of Transportation for the reconstruction of North Rouse Avenue.
The cost estimates he has provided for the East Peach Street and East Tamarack Street projects run to 50 feet from that right-of-way. The cost estimates are based on the
recommended pavement standards; however, he suggested that different geo grids could be
considered where there is not so much traffic, such as Front Street.
Economic Development Director Fontenot suggested that East Tamarack Street could provide a different route for truck traffic, thus reducing traffic in the residential area of this district. He
noted that development of the Idaho Pole property could add a significant amount of traffic. He
acknowledged that is not an issue at this time, but encouraged the Board to think about contingencies and to consider those projects that could have long-term benefit to the district.
Responding to questions from Bob Pavlic, Director of Public Service Woolard stated that the
stormwater system, water and sewer in the street will be addressed if this Board chooses to
proceed with the East Tamarack Street reconstruction project. Responding to Dan Doehring, Shane Strong stated no core samples were taken in Front Street
or North Ida Avenue, but it is assumed the soil conditions are the same under those roadways
as they are under the other roads in the area. Responding to Jeanne Wesley-Wiese, Shane Strong confirmed that East Peach Street, East
Tamarack Street and either Front Street or North Ida Avenue would take all of the TIF bonding
capacity.
Jeanne Wesley-Wiese voiced concern that the pedestrian bridge has been a part of this Board’s
priorities since the first year projects were identified, and now there are not sufficient monies to
fund it.
Erik Nelson reminded the Board that if a bond issue is floated and then additional properties are developed and the valuations in the district increase, there will be additional monies that can be
26
NURB Meeting – September 6, 2016 5
used to either support another bond issue or pay for smaller projects without incurring any
additional debt.
Responding to Erik Nelson, Director of Public Service Craig Woolard stated that combining East Peach Street and East Tamarack Street into a single project would attract bigger contractors
and could easily result in better prices than if they are bid separately. He then noted that Knife
River was awarded the North Rouse Avenue project for next year.
Shane Strong noted that asphalt prices are directly linked to oil costs; and that could have a significant impact on the bids if oil prices were to increase.
Responding to Erik Nelson, Director of Public Service Woolard stated that North Rouse Avenue
will generally remain open while reconstruction is being done.
Staff updates on items of interest to the Board. Economic Development Director Brit
Fontenot reviewed some legislative proposals that may impact tax increment financing districts during the upcoming session. He briefly highlighted those bills, which would require school district and county approvals of new or amended TIF districts, remove the state school
equalization mills from the increment, remove certain other mills from the increment, allow
increment use by private property owners for public purposes, and amend reporting
requirements. He noted that he will monitor these bills closely throughout the session and will keep this Board informed of their status.
Responding to Erik Nelson, the Director stated the City is in the process of hiring a lobbyist, and
he will recommend that the lobbyist support the existing statutes. He then noted that if no lobbyist is hired, he will go to Helena to testify when necessary.
Director Fontenot stated that a Montana Infrastructure Coalition has been formed; and they
have submitted a letter stating opposition to any measure that would eliminate, divert or reduce
monies currently available to local governments for infrastructure investment. He then indicated
that he will forward information on both of these issues to the Board members. Update on financial status of NURB fund. Recording Secretary Robin Sullivan
distributed copies of the costs to date. She briefly highlighted the information, noting that as of
this date no Fiscal Year 2016-17 expenditures have been incurred. She anticipates that most of the expenditures for Fiscal Year 2015-16 are in, so there should be little change in the balance.
Economic Development Director Brit Fontenot stated he will bring updated bonding information
to the next meeting, so the Board has more information on how much bonding capacity is available.
Adopt bylaws for the Board. Recording Secretary Robin Sullivan distributed copies of
the draft bylaws for the Board, noting that they are based on the City’s template for board bylaws. She drew attention to Section 2, which mirrors the composition of the Board as included in the Plan. She also drew attention to Section 3, noting there are two alternatives for
the second paragraph, and the Board must make a decision on which one to include in the
adopted version of the bylaws. She noted the first is based on the City’s template while the
27
NURB Meeting – September 6, 2016 6
second one allows for a non-voting member to serve as Chair or Vice Chair but does not allow
that member to vote.
Economic Development Director Fontenot stated that he has tentatively scheduled Commission ratification of these bylaws at its September 26 meeting. He then noted the City is trying to
standardize the bylaws for the Boards, and that is the basis for what is now before the Board.
Responding to Erik Nelson, the Director confirmed that the Commission may choose not to ratify the bylaws and send them back for revision if the version adopted by the Board is too far from the standard template that has been developed.
Responding to concerns voiced by Jeanne Wesley-Wiese, Erik Nelson stated he does not
believe adoption of these bylaws will result in any change in the way this Board currently operates.
Dan Doehring voiced his preference for the second alternative in Section 3, stating he prefers to
leave the selection of the Chair and Vice Chair as open as possible. He suggested a non-voting member would not be as biased as a voting member might be.
Erik Nelson stated he prefers the first alternative, noting he believes the Chair should be a
voting member.
Jeanne Wesley-Wiese voiced support for the second alternative, stating she feels the one non-
voting member who has faithfully attended meetings for two years could serve in the capacity of
Chair very well.
Erik Nelson asked that Board members suspend current circumstances and answer the broader question of whether they are willing to have a non-voting member serve as Chair.
John Usher noted that a non-voting member could effectively run the meeting and could ask for a motion since he or she could not make a motion. He acknowledged Dan Doehring’s position, noting that a non-voting member “has no dog in the fight” since he doesn’t vote. He then stated
that he can also see the other side of the coin and why the Chair should be a voting member.
He noted that having a non-voting member serve as Chair can relieve the voting members of
administrative duties and give them an opportunity to simply react to the agenda. Erik Nelson stated the person running the meeting comes from a position of advocacy and can
set the agenda. As a result, having a non-voting member serve as Chair could grant authority
to that position that does not currently exist. John Usher stated that, as a non-voting member, he has voice; and the agenda is generally set
at the Board meeting, although a Board member can add items prior to the next meeting if
necessary. He concluded by stating that, while he could go either way on this issue, he leans
toward keeping the process as open as possible instead of limiting it to five people.
Erik Nelson voiced concern that allowing a non-voting member to serve as Chair feels like the
Board is inventing something unorthodox. He then asked that the Board make its decision
based on its structure over the next twenty years, not the members currently sitting in this room. Bob Pavlic stated he feels a non-voting member can serve as Chair.
28
NURB Meeting – September 6, 2016 7
It was moved by Bobbi Clem, seconded by Erik Nelson, that the Board adopt the bylaws with
the first alternate for Chair and Vice Chair, which requires that those positions be held by voting
members. The motion carried on a 3-2 vote with Bobbi Clem, Erik Nelson and Dan Doehring
voting for and Jeanne Wesley-Wiese and Bob Pavlic voting against the motion.
Elect Chair for remainder of Calendar Year 2016. It was moved by Bobbi Clem,
seconded by Dan Doehring, that Erik Nelson be appointed Chair for the remainder of Calendar
Year 2016. The motion carried on a 5-0 vote.
It was moved by Erik Nelson, seconded by Dan Doehring, that Jeanne Wesley-Wiese be
elected to replace Erik Nelson as Vice Chair for the remainder of Calendar Year 2016. The
motion carried on a 5-0 vote.
Erik Nelson cautioned that a new Chair will need to be elected for Calendar Year 2017 because
he will likely be resigning from this Board after the first of the year due to conflicts he will be
incurring as a result of projects he is involved with in this district. Set agenda for October 4, 2016 meeting or cancel meeting. Items to be included on
the October 4 agenda, in addition to the standard agenda items, are: update on bonding
capacity, project priorities, a quick overview of other funding mechanisms available, and a financial update on cash flow relative to what is needed in reserve for bonding.
Economic Development Director Brit Fontenot noted that it would be beneficial to understand
the reserve for bonding and the dollars that would be available annually for administration and other costs associated with the district. He noted that information would reveal what monies might then be available for funding other projects, possibly through supporting issuance of a
small bond issue or other financing option or to cover the costs of a potential reimbursement
agreement. Bob Pavlic noted that if additional development occurs within the district in the next few years,
the increment will increase.
Responding to questions from Jeanne Wesley-Wiese, Erik Nelson stated that his project is moving slower than anticipated, with initial ideas being discussed in November and December. He noted that will be followed by eighteen months of planning before the project moves toward
construction.
Shane Strong asked that his firm be authorized to begin engineering work after next month’s meeting if priority projects are identified, particularly in light of the short timeframe that will be
available for completing designs and construction documents for bidding yet this winter.
Economic Development Director Brit Fontenot reviewed the length of time needed for completion of the bonding process, noting it is a multi-month process that cannot be done by January.
Erik Nelson stated that at the end of the October meeting, this Board should have a fairly clear
idea of the projects to be done and how they are to be funded. He recognized that the property values within the district are essential to taking those steps.
29
NURB Meeting – September 6, 2016 8
Shane Strong stated that if engineering is started after the October meeting, the project should
be ready to go out for bid in the first quarter of 2017.
FYI/Discussion (formerly Neighborhood News). Commissioner Liaison Pomeroy stated that
when she went to Korea in May, she looked at the options that they are using for housing because that is one of her passions. She noted that recycled material and eco-friendly
materials are being used in some of the housing; and people will be in Bozeman on Thursday
and Friday to talk about those construction options.
Jeanne Wesley-Wiese stated the fall NENA meeting will be held the first week of November.
Erik Nelson suggested that if this Board has made any decisions on project priorities, it may be
beneficial to convey that information at the NENA meeting.
Adjournment – 9:00 p.m. There being no further business to come before the Board at this
time, Vice Chair Nelson adjourned the meeting.
Erik Nelson, Chair Northeast Urban Renewal Board City of Bozeman
30