HomeMy WebLinkAbout02-11-16 IFAC - MinutesImpact Fee Advisory Committee
Thursday, February 11, 2016 6:00pm, City Commission chambers, City
Hall– 121 N. Rouse Ave.
A. 06:05:50 PM Call meeting to order
Chris Saunders - Present
Anna Rosenberry - Present
George Thompson – Present
James Nicholson - Present
Rob Evans - Present
Rick Hixson - Present
Chris Mehl – Present
B. 06:06:24 PM Changes to the Agenda
C. 06:06:31 PM Approve minutes from 12/3/2015 – Minutes unanimously
approved
D. 06:07:05 PM Public Comment – No public comment
E. 06:07:09 PM Action Items
1. 06:07:12 PM Ordinance 1936
Review and recommendation to the City Commission on Ordinance 1936 amending Chapter 2, Article 6,
Division 9, Impact Fees to revise definitions, authorize reimbursement districts, and establish
procedures for reimbursement district.
Chris Saunders begins discussion on the ordinance.
06:12:42 PM Chris Saunders finishes presentation and opens up for questions from the board.
06:12:51 PM Mr. Nicholson questions the section regarding creating reimbursement districts and the
ability for the commission to create a district to fill in missing pieces. Mr. Saunders responds to his
question in detail. Board questions what an example of this would be. Mr. Saunders responds with an
example. Board discusses examples of when the City may develop these districts and that many of these
districts would be evaluated on a case by case basis.
06:16:10 PM Rick Hixson comments that infill is a priority and he feels this program would be beneficial
to encouraging developers to develop with regards to infill instead of extending out to the west.
06:18:12 PM Rob Evans states that he feels this is implied equity for a property – that by installing the
infrastructure in advance, and guaranteeing that the City will be reimbursed in the future, it is incentive
for the home owner because the cost is fixed and the work has been done.
06:19:28 PM Rob Evans states that he does not like that some property owners may not have to pay it
back eventually. He said it may be hard for the public to accept.
06:20:08 PM Anna Rosenberry clarifies that it is her understanding that there will always be a local
share, the ordinance was just leaving flexibility for the local share to come from another source.
Discussion between Anna Rosenberry and Rob Evans regarding the requirement for the funds to be
reimbursed in the future.
06:21:15 PM Chris Saunders agrees that yes, there will be a collection, but the means for collecting may
be different on a case by case basis.
06:21:37 PM Mr. Nicholson states that perhaps that language should be adjusted. Mr. Hixson notes that
“may” is not a bad word and just means that we won’t have to adjust it in the future. Mr. Saunders
states that if the board agrees, they can add wording to make it clear that it is mandatory to collect the
funds. Mr. Evans makes a suggestion.
06:22:53 PM Mr. Nicholson questions if City staff could offer insight on to why it was worded as it is –
assuming that the City attorney likely was involved.
06:23:03 PM Mrs. Rosenberry responds with some insight as to why the word may be as it is. She states
that when the improvements are happening, there is no project, so these districts will allow an Impact
Fee construction project in the future be responsible for repayment.
06:24:21 PM Mr. Thompson expresses concerns regarding payback from adjacent project owners – but
appreciates that we will be getting infrastructure in place for others to use while we are waiting on
development to occur. He is concerned with the cost increase for projects over time.
06:26:06 PM Rob Evans questions if for those areas that pay back at a later date, if they will charge rate
at the time the improvements were made, the rate plus interest, or current costs. Board discusses what
is legal and what is in the community’s interest.
06:27:20 PM Chris Saunders discusses the various methods that repayment could be recalculated.
06:28:28 PM Rob Evans indicates that this is designed to be an incentive to connect areas within the
city, not to spread to the west of town and this should be an incentive for people to develop infill.
06:28:52 PM Chris Saunders states that with an ordinance like this, they try to set the framework up
front and leave it flexible enough to evaluate each project on a case by case basis.
06:29:45 PM George Thompson questions what will happen for the county parcels that are within city
limits. Mr. Saunders responds that for individual home lots, they will likely make the improvements at
the time of annexation, but with larger tracts of land, they will likely wait for a site plan. But it will be
determined on a case by case basis. They want to encourage people to come into the city and reduce
the cost burden up front.
06:31:15 PM Mr. Thompson questions how this is different from an SID. Mr. Saunders states that this
does not allow for protest or negotiation. Whereas, with an SID, the community can vote against it.
Anna Rosenberry indicates that with an SID, there is immediate payback of costs. With this program,
there is no money flowing until whatever trigger is made to require repayment.
06:32:36 PM Mr. Nicholson states that he would be comfortable moving this forward as presented, but
including comments regarding getting the impact fee fund reimbursed through projects that were not
typically impact fee projects.
06:33:30 PM Richard Hixson states he does not agree with the local share portion, because there will be
roads that do not provide local access to homes – and he cites examples. He thinks there are plenty of
places were arterials provide no local access. He supports maximum flexibility. He will support moving
this ordinance forward and sees their point of view, but argues that there are cases where there is no
local share.
06:35:34 PM George Thompson comments that there may be a better way of wording it, not using “local
share” – that there should be a community development fund since the community benefits as a whole
from providing streets and sidewalks.
06:36:20 PM Rob Evans states that George Thompson brings up a good point, as currently it applies to
adjacency, not use. If the use will be absorbed by the community at large, then the funding should be
absorbed by some other mechanism than impact fees. He feels funding through impact fees is just the
easy answer and the only answer we have right now.
06:37:35 PM Mr. Thompson stated that he thinks there may be a way to blend a community
development fund, local shares fund, etc. to allow for flexibility. Mr. Evans provides an example where it
is a disadvantage to the adjacent property owners to put a major road behind their home, but that
doesn’t increase access to their property and would ultimately hurt their property value. Mr. Saunders
indicates that is why it is important to look at such on a case by case basis, because there are so many
variables.
06:39:28 PM Mr. Thompson discusses further Mr. Evan’s point about decreasing property value.
06:40:29 PM Mr. Hixson recommends that the city commission adopts ordinance 1936
Second by George Thompson
Board unanimously approves.
F. 06:40:59 PM FYI/Discussion
06:41:10 PM Mr. Thompson states that he was appreciative of early notice for the meeting.
G. 06:41:45 PM Adjournment
For more information please contact Alicia Kennedy at akennedy@bozeman.net
This Committee generally meets the 2nd and 4th Thursday of the month as needed at 6:00pm.
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Chuck Winn at 582-3207 (TDD 582-2301).