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HomeMy WebLinkAbout08-08-24 INC Agenda and Packet MaterialsA. Call meeting to order - 4:30 p.m. B. Disclosures C. Changes to the Agenda D. Approval of Minutes D.1 Approve Minutes from July 11, 2024 (Kiely) E. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board F. Action Items F.1 Proposed Amendments to the INC Bylaws(Kiely) G. FYI/Discussion G.1 Local Street Reconstruction Funding Policy(Ross) G.2 Affordable Housing Ordinance (AHO) Work Session(Fine) THE INTER-NEIGHBORHOOD COUNCIL OF BOZEMAN, MONTANA INC AGENDA Thursday, August 8, 2024 This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 960 8158 0066 This is the time to comment on any non-agenda matter falling within the scope of the Inter- Neighborhood Council. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Board cannot take action on any item which does not appear on the agenda. All persons addressing the Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. Consider a motion and vote on the proposed amendments to the INC Bylaws. 1 G.3 City Liaison Update(Kiely) G.4 Commission Liaison Update(Morrison) G.5 Neighborhood Updates(INC Reps) H. Adjournment For more information please contact Emily Kiely ekiely@bozeman.net. This board generally meets the 2nd Thursday of the month from 4:30 to 6:00. Committee meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 In order for this Board to receive all relevant public comment in time for this meeting, please submit via the Public Comment Page or by emailing comments@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 2 Memorandum REPORT TO:Inter-Neighborhood Council FROM:Emily Kiely, Community Engagement Coordinator SUBJECT:Approve Minutes from July 11, 2024 MEETING DATE:August 8, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Approve Minutes STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:Minutes from July 11, 2024 UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: 2024.07.11 INC Minutes.pdf Report compiled on: July 29, 2024 3 Bozeman City Commission Meeting Minutes, 07.11.2024 Page 1 of 4 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 11, 2024 A) 00:07:30 Call meeting to order - 4:30 p.m. Members introduced themselves. B) 00:07:36 Disclosures There were no disclosures. C) 00:07:38 Changes to the Agenda There were no changes to the agenda. D) 00:07:45 Approval of Minutes D.1 Approve Minutes from June 13, June 20, and June 27, 2024 2024.06.13 INC Minutes.pdf 2024.06.20 INC Minutes.pdf 2024.06.27 INC Minutes.pdf Cynthia Evans motioned to approve the minutes as accepted. Brad Bates seconded. All voted in favor of the motion. E) 00:08:22 Public Comment Daniel Carty of Midtown thanked the INC for their public comment to the City Commission to deny the Guthrie. Natsuki Nakamura thanked the INC for their efforts on the Guthrie. F) Action Items F.1 00:11:13 Approve the Figgins Addition Neighborhood Association as a City Recognized Neighborhood Association 4 Bozeman City Commission Meeting Minutes, 07.11.2024 Page 2 of 4 Figgins Addition Neighborhood Association Packet.pdf Cynthia Evans welcomed Matt Rognlie of Figgins Addition and applauded the work of putting together the neighborhood Association. Matt shared that Emily Mason has done a lot of the work. Mark Campanelli made a motion to approve Figgins Addition as a City recognized Neighborhood Association. Cynthia seconded. All voted in favor of the motion. G) FYI/Discussion G.1 00:13:52 Funding Local Street Reconstruction Projects Nicholas Ross presented about how local street are reconstructed and shared an example presentation for an actual reconstruction project. Emily Talago shared that she invited Nick to present on this topic of the unique way of fund local streets and the difficulty with community buy-in. Nick shared the presented they gave to the residents on North Grand Avenue. The program exclusively exits in the downtown core because these are the oldest streets and are in most need of repair. Decisions are directed by the City Commission to fund one project/year and latest condition assessment report from 2021. N Grand lacks some basic facilities in local street standards. Nick shared some features of what a new street looks like. He shared a side note about the Bike/Ped Gap Analysis coming up in relations to updating sidewalks. Mike Campanelli asked if homeowners could do some of the work. Nick shared about the ordinance in 2020 that revised the rates of the splits of what the SID covers and what the City covers, which has resulted in worse rate in approvals and wanting to go back to Commission for policy guidance to adjust the rates. Nick then discussed the policy of the funding splits and classification of streets and who drives on each type of street. Emily T. asked about inflation costs. Mark shared about the updates that were done in his neighborhood which has resulted in more traffic and he shared his concern for slower speeds and an accident by his house. Nick shared about incorporating street calming additions since the completion of that project. Anne Thoreson asked about streets being reclassified. Nick shared about constraints on using Impact Fees. Nick shared specifics from the example of the Local Share (SID) costs for N Grand. He shared about the process for gauging interested from residents before design and formal work begins. Cynthia asked a question about the monthly payment on the Local Share example slide. Alison Sweeney shared about the waterlines in her neighborhood and thanked Nick that they are not having an SID charged to them. She asked about new roads being built. She shared the concern that her neighborhood would vote down the SID, and concern specifically for the elderly, fixed income residents, and the renters who live in homes owned by LLCs. Emily talked about engagement and buy-in with neighborhoods and asked about the presentation to the City. Nick shared there are four alternative recommendations prepared to present to Commission. Mark talked about incentives to pay back early. Emily T. thanked Nick for attending and asked Nick to send documents to Emily Kiely. G.2 00:55:49 Discuss Bylaws and Role of Secretary/Treasurer Emily Talago started the discussion about reviewing the role of the Secretary/Treasurer and amending the INC bylaws now that City staff is now taking the meeting minutes. The text for drafting the bylaws is not drafted so there will not be a vote tonight. She shared about the option for the Secretary/Treasurer to write and share a summary that can be shared out more widely to the neighborhoods. 5 Bozeman City Commission Meeting Minutes, 07.11.2024 Page 3 of 4 Cynthia Evans said that it would be good to take to the next meeting and how times have changed since the bylaws were written. She thinks it is important to keep three people in leadership and not eliminate the Secretary/Treasurer position. Katherine Crumrine shared it would be helpful for her neighborhood to have the summary who don't always have a lot of time to stay up-to-date. Emily T. talked further about communication tools that are used at the neighborhoods and the City and about compiling an inventory of tools used by neighborhoods and by the City. Emily T. and Emily Kiely will work on language for changing bylaws for next time and vote on amending the bylaws at the next meeting. Emily T. also talked about a recruitment schedule. INCbylaws FinalRevisions2013.pdf G.3 01:02:07 City Liaison Update Emily Kiely reminded members to turn in their annual reports. Emily gave information are City projects and upcoming engagement opportunities. Everyone was invited to stay after the INC meeting for the Historic Preservation Advisory Board meeting. Emily shared about more upcoming events for engagement. Emily shared that the next City Commission work session for the Fowler Avenue Connection project is scheduled for this coming Tuesday, July 16. The Stormwater Facilities Plan is also hosting two engagement events, specifically for those involved in HOAs or property management companies, to provide input on improving stormwater policies. Finally Emily shared that the draft Consolidated Plan and Fair Housing Equity Plan are now completed and open for comment. The next City Commission meeting to provide comment is July 23. G.4 01:05:35 Commission Liaison Update Deputy Mayor Morrison welcomed Mark Campanelli and Matt Rognlie. Joey shared that City Commission denied the Guthrie Project at last Tuesday's meeting. He shared a road map of upcoming topics for City Commission review with some critical topics for the community to be engaged in. Next Tuesday, July 26 there is a work session for 30% design review of the Fowler extension. July 23 the Commission will discuss the Consolidated Housing Plan and the potential of putting a Public Safety Levy on the ballot in November. August 6 will be work sessions for Ordinance 2147 which governs the rights of way for urban camping and people experiences homelessness. In September, there will be a work session for UDC. Emily T. mentioned that it's great to have Joey back and asked Deputy Mayor for feedback on INC's engagement with the Commission moving forward. Deputy Mayor said the letter sent to the Commission was an appropriate way to engage with Commission. He also made comment about the official INC minutes and the discussed newsletter and the difference between the two. Alison Sweeney thanked Deputy Mayor for considering the letter from INC in the deliberation with City Commission. 6 Bozeman City Commission Meeting Minutes, 07.11.2024 Page 4 of 4 Mark made a comment about Mayor Cunningham's comment about INC and renters. Deputy Mayor talked about the amount of renters in Bozeman. G.5 01:14:56 Neighborhood Updates Chris Montano of Northeast did not have updates. Matt Rognlie of Figgins shared about the first neighborhood meeting and the neighborhood engagement. Katherine Crumrine of Marwyn Lindley had nothing to report. Cynthia Evans shared about her neighborhood's beautiful flowers. Emily Talago of Midtown shared the neighborhood had been busy but are taking a break. She invited people to attend UNA's block party on Sunday. Mark Campanelli of Bogert Park shared about setting up meeting with Mayor Cunningham and Paul from Bozeman Creek to talk about the Bozeman Creek Master Plan and flood mitigation. He shared about encouraging more engagement with his neighborhood with UDC gearing up. He shared about linking the individual neighborhood association websites together. He made comment about redesigning City government and how the Neighborhood Associations would potentially line up. Brad Bates of Bridger Creeklands shared that it's been pretty quiet and have had good participation with City meetings with some members. The neighborhood is watching closely the Bridgercreek overflow making its way to Boiling road and major work to be done soon. Anne Thoreson of Kirk Park shared about the annual fall meeting and how they are looking for new committee members. Alison Sweeney of Jandt gave a shout out for the historical preservation engagement coming up and the new Landmark Program and NCOD. Their block party is scheduled for July 20. She also talked about a centralized website where residents can go to find out about neighborhood associations and discussed Missoula's neighborhood program. She also talked about renter engagement and onboarding new members yearly. Emily T. stated that the next meeting is scheduled for August 8 and asked about scheduling a social event. Members agreed that the social would be best in September. H) 01:24:17 Adjournment For more information, please contact Emily Kiely, ekiely@bozeman.net. This board generally meets the 2nd Thursday of the month from 4:30 to 6:00PM. 7 Memorandum REPORT TO:Inter-Neighborhood Council FROM:Emily Kiely, Community Engagement Coordinator SUBJECT:Proposed Amendments to the INC Bylaws MEETING DATE:August 8, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider a motion and vote on the proposed amendments to the INC Bylaws. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:The City Liaison is now taking the official INC minutes instead of the Secretary-Treasurer as the Bylaws describe. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: 20240717 INC bylaws draft revisions.doc Report compiled on: July 29, 2024 8 INC Bylaws - Revised May 9, 2013, August 8, 2024 1 City of Bozeman Inter-Neighborhood Council Bylaws I.Mission A.Recognizing the value of citizen involvement and the importance of neighborhood relations through effective and timely communication, the Inter-Neighborhood Council (INC) is committed to ensuring safety, knowledge and guidance to Bozeman’s neighborhoods. The INC fosters a sense of cooperation and understanding between neighborhoods to increase the overall health of the community. The INC provides information to the recognized neighborhood associations and may make recommendations to the City Commission and City staff on city-wide issues as requested and /or deemed necessary by the INC. II.Vision A.Our pride in where we live rests, in part, on the relationships we share with others in our community. We envision the City of Bozeman as one in which every citizen feels informed about changes in their neighborhood and community and thus are enabled to share their concerns and ideas with fellow citizens and elected officials and in which governmental agencies at all levels set the example of good stewardship and support for their citizens’ efforts. III.Definitions A.The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. "City agency" means and includes all departments, bureaus, offices, boards, councils, liaisons, task forces and commissions of the City of Bozeman. 2. "City liaison" means the designee of the City Manager responsible for administration and enforcement of the responsibilities of the City of Bozeman as defined by the City’s Neighborhood Recognition Ordinance. 3. "Inter-Neighborhood Council (INC)" means the council composed of delegates selected by each recognized neighborhood association. 4. "Recognized neighborhood association" means an organization formed by residents for the purpose of maintaining and/or improving the livability and quality of their neighborhood, formally recognized by the INC, and therefore the City of Bozeman, and subject to the provisions of the City’s Neighborhood Recognition Ordinance. 9 INC Bylaws - Revised May 9, 2013, August 8, 2024 2 5. "Non-recognized neighborhood association" means an organization formed by residents for the purpose of maintaining and/or improving the livability and quality of their neighborhood. A non-recognized neighborhood association is one which has not met the minimum standards for recognition as set forth in the City’s Neighborhood Recognition Ordinance or has lost its recognized status for failing to comply with the minimum standards as set forth in the City’s Neighborhood Recognition Ordinance. A non-recognized neighborhood association has no representation on the INC. 6. "Neighborhood group" means a loosely organized, non-recognized group of residents formed for the purpose of maintaining and/or improving the livability and quality of their neighborhood and that demonstrates an interest in forming a recognized neighborhood association. A neighborhood group has no representation on the INC. IV.Authorization and Organization A.The INC is established by the Bozeman City Charter, adopted by the Citizens of Bozeman on December 7, 2006 and effective January 1, 2008. B.The INC fiscal year begins 1 July of each year and ends 30 June of the next year. C.The INC is an advisory board to the City Commission. The INC shall be composed of one delegate selected by each recognized neighborhood association and shall provide a forum for recognized neighborhood associations to come together, share information and make recommendations to the city. The INC shall also provide a forum for non-recognized neighborhood associations, neighborhood groups and city agencies to communicate with recognized and non- recognized neighborhood organizations and groups. V.Officers and Duties A.The INC shall maintain the offices of Chair, Vice-Chair, and Secretary-Treasurer. The officers must be appointed delegates. 1. The Chair shall be responsible for the operation of the INC and its officers pursuant to these Bylaws. This shall include setting meeting agendas, conducting meetings, representing the INC at official functions, appointing sub-committees, and generally overseeing the business of the INC. The Chair shall have the primary responsibility for leading the long-term and short-term planning efforts of the INC and shall also have specific duties as spelled out elsewhere in these Bylaws and assigned by the delegates. 2. The Vice-Chair shall, in the event of the absence or inability of the Chairman to exercise the office, become acting Chairman of the INC. 10 INC Bylaws - Revised May 9, 2013, August 8, 2024 3 3. The Secretary-Treasurer, in partnership with the City Liaison, shall be the official custodian of the records as required by the Bylaws of the INC. The Secretary-Treasurer shall produce all written, electronic, or other modes of communications as requested by the Chair or delegates. The Secretary- Treasurer shall record and maintain the minutes of all INC meetings. 4. The Secretary-Treasurer shall have custody of all monies belonging to the INC and maintain an accurate accounting of all receipts and expenditures that have been generated through the INC. The Secretary-Treasurer shall provide a financial report to delegates at meetings as deemed necessary by the Chair and affix to the meeting minutes. The Secretary-Treasurer must be one of the officers who shall sign checks or drafts of the INC, if utilized. There shall be three (3) authorized signatures on the bankcard, if any, and two (2) authorized signatures on each check, if any. VI.City Liaison Duties A.The City Liaison is responsible for providing counsel and support services to the INC and other duties as codified in municipal code sec.2.05.1220. Such services may include assistance with agenda creation and distribution, general communications, newsletters, grant writing, activity planning, leadership training, public relations, outreach efforts, general information and referral, and other technical assistance as requested. The City Liaison shall record and maintain the minutes of all INC meetings. The City Liaison shall work with the Secretary- Treasurer to ensure accurate records of the INC are maintained. VII.Executive Committee A.The Executive Committee shall be composed of all INC officers, the Chair of any standing committee(s) of the INC and the City Liaison. B.The Executive Committee, as a collective body, may act on behalf of the INC between regular meetings on any matter determined urgent. Any such action shall be reported at the next regular meeting of the INC and none of its actions shall conflict with actions taken or policies formulated by the INC. VIII. Committees A.The Chair, with a successful vote, may appoint standing committees to help conduct the business of the INC. Each appointed standing committee shall choose a committee Chair, who shall serve as a member of the Executive Committee. B.Committee Chair(s) shall report to the INC. These reports shall be entered into the minutes. 11 INC Bylaws - Revised May 9, 2013, August 8, 2024 4 IX.Elections and Officer Terms A.Elections of INC officers shall occur in the final meeting of the fiscal year held in the month of June, with the exception to the 2013 year. B.A nominating committee may be appointed by the Chair to propose, for the final meeting of the fiscal year, one or more eligible candidates from the INC for each office for the coming year. Nominations shall also be accepted from the floor. All candidates must have accepted the nomination and be a qualified delegate of the INC. C.The INC shall elect officers by a successful vote. D.Voting shall be by secret ballot if there is more than one (1) candidate for office. E.The ballots shall be maintained by the Secretary-Treasurer for sixty (60) days and shall then be destroyed. F.The Secretary-Treasurer, in partnership with the City Liaison, will obtain the names, mailing addresses, telephone numbers, e-mail addresses and terms of office of newly elected INC officers. G.Newly elected officers shall be installed in the first meeting of the fiscal year of the month of July. H.Terms of office for INC officers shall be a recommended (but not mandated) maximum of two years. I.The Secretary-Treasurer, in partnership with the City Liaison, shall maintain a list of recognized neighborhood association members interested in serving as a delegate to, or officer in, the INC. This list shall be consulted when a delegate, or delegates, is needed to fill a vacancy and/or when officers are nominated. X.Removal and Vacancies of Delegates and Officers A.Any elected officer may be removed from office for good cause. Removal shall be debated by the INC and shall require a two-thirds (2/3) vote of the delegates of the INC. Notice of a vote for removal of an elected officer shall be included in the call to meeting and listed on the meeting agenda along with the location, date and time of the meeting. 1. If a vacancy occurs outside the normal election process, candidates for the unfilled term shall be nominated from the floor and elected at the next scheduled 12 INC Bylaws - Revised May 9, 2013, August 8, 2024 5 meeting following the vacancy. Anyone elected to the vacated office shall serve for the remainder of the original term. B.Any INC delegate may be removed from the INC for good cause. Removal shall be debated by the INC and shall require a majority vote of the delegates. XI.Procedures A.Unless otherwise determined by a successful vote of the INC, the body shall conduct a minimum of one regularly scheduled meeting each month. All meetings are open to the public and subject to the State of Montana’s open meeting laws. Cancellation or rescheduling of any meeting, or scheduling of any special meetings, may occur at the discretion of INC. Regularly scheduled meetings shall be held at such a place, date and hour as may from time to time be fixed by consensus. Notification of all meetings to all delegates may be given in person, via e-mail, via fax, over the telephone, or hand delivered to a delegate’s usual place of residence at least three days before the time set for the meeting. Notification shall also be given to the City Clerk’s office. B.The City Liaison shall prepare a schedule/agenda for each meeting in consultation with the Chair and Vice-Chair and other neighborhood delegates as needed. Said agenda shall be made available to the entire INC and the City Clerk’s office at least three days prior to each monthly meeting and shall include the date, time and location of the meeting as well as discussion topics. Agenda shall be hand delivered to a delegate’s usual place of residence, delivered electronically via email or via fax. C.The Chair shall preside at all meetings; the Vice-Chair shall preside at meetings upon request of the Chair. The Secretary-Treasurer shall prepare the minutes of the monthly or special meetings. The minutes shall include a list of attendance, including neighborhood delegates, guests, and members of the public, and a summary of all business, discussions and actions taken. D.Amendments and changes to the Bylaws may be adopted during any regular meeting following a two-thirds (2/3) vote of delegates and provided that the revisions are submitted to the INC along with the agenda in advance of the meeting. Amendments shall be ratified by the City Commission. Date of amendment approval by the INC and City Commission shall be recorded under the section “XVIII. Effective Date” of these bylaws. XII.Representation and Voting A.A quorum, which is required for the conduct of any INC meeting, consists of 1/3 of delegates, with a minimum of three delegates. 13 INC Bylaws - Revised May 9, 2013, August 8, 2024 6 B.Unless otherwise specified in these bylaws, an INC vote passes by a majority of attending delegates at any INC meeting. C.Each recognized neighborhood association shall appoint one delegate and one alternate delegate to the INC and communicate the names, addresses, phone numbers and e-mail addresses of the delegate and the alternate, in writing, to the INC Secretary-Treasurer and the City Liaison. D.Each appointed delegate has one vote on the INC. In the absence of the appointed delegate the alternate delegate to the INC may exercise the same rights and privileges afforded the appointed delegate until the absent delegate returns or a new delegate is appointed by a recognized neighborhood association. Only one vote from each recognized neighborhood association may be cast. Delegate, or alternate delegate, vacancies to the INC shall be filled within sixty (60) days of the vacancy. E.A delegate to the INC unable to attend an INC meeting may provide written authorization to the INC Secretary-Treasurer for an alternate delegate or other INC delegate to vote on any matter that may come before the INC at that meeting. The written proxy authorization shall state the name of the authorized delegate and be signed and dated by the absent delegate. A proxy vote shall be fully documented in the minutes of the meeting. F.The INC shall establish and follow a clear method for reporting to the City actions which accurately reflect neighborhood positions. When the INC presents an official position on an issue to the City, the INC shall identify how a decision on the position was reached: 1.by majority vote of the delegates; 2.by majority vote of the attending delegates; 3.by a 2/3 vote of the delegates; 4.by consensus of the attending delegates; 5.bya poll of the general membership of each recognized neighborhood association with documentation of vote results; or 6.by vote of recognized neighborhood association membership at a general or special membership meeting with documentation of vote results. XIII. Attendance A.Regular attendance of all meetings is considered crucial for neighborhood contribution to the INC, and is a requirement for membership. No more than three absences within a one-year period may occur, without authorization from a INC officer or City Liaison (understanding emergencies arise). Attendance shall be recorded by the Secretary-Treasurer at each meeting and included in the minutes. 14 INC Bylaws - Revised May 9, 2013, August 8, 2024 7 XIV. Conflict of Interest A.Any delegate or alternate delegate, who has, may have or expects to have, a pecuniary or personal interest in a nomination, proposal, recommendation or undertaking related to the INC’s general role and responsibility as stated in the Mission, shall publicly declare a potential conflict of interest and attempt resolution through discussion among delegates. If the conflict cannot be resolved, the delegate or alternate delegate, shall recuse themselves from debate and abstain from a vote or votes on that issue. Pecuniary interest shall be defined as the flow of resources, loss of resources, or savings of resources which may result from the action of a delegate. Personal interest shall be defined as any interest in the matter which would affect the action of the delegate other than a financial interest, and other than an interest because of membership in, or affiliation with, but not employment by a social, fraternal, charitable, service, educational, religious, governmental, health service, philanthropic, cultural, or similar nonprofit institution or organization. XV. General A. The rules in the current edition of Robert's Rules of Order shall govern the INC, and all committees and subcommittees in all cases to which they apply and do not conflict with the specific provisions of these Bylaws or any special rules that the INC may adopt. B. If any part of the Bylaws or the application thereof is hereafter held invalid or unenforceable, the remainder shall not be affected thereby, and only the affected portions are declared eliminated. C. No INC delegate or alternate, officer, representative or spokesperson shall assume any financial liability of the INC. D.Officers of, and delegates to, the INC shall not represent the INC on any issue unless authorized to do so at a regular meeting of the INC by a majority of the delegates. XVI. Non-discrimination Clause A.The INC shall not discriminate on the basis of race, color, national origin, gender, sexual orientation, marital status, age, religion, creed, political belief, mental or physical ability, or veteran status in admission, access to, or conduct of its meetings. XVII. Amendments A.These Bylaws may be amended by a two-thirds (2/3) vote of the delegates, at any regular INC meeting, provided authorization to amend the bylaws has been 15 INC Bylaws - Revised May 9, 2013, August 8, 2024 8 directed by the delegates at a preceding meeting. Notice of a vote to amend the Bylaws shall be included in the call to meeting and listed on the meeting agenda. B.Bylaw amendments approved by the INC shall be forwarded to the City Liaison within ten (10) calendar days of approval for submission to the City Commission for ratification. XVIII.Effective Date A.These Bylaws were formally approved by the INC delegates at a meeting held on the 11th day of December 2007, at 7:00 P.M., at the Beall Park Recreation Center in the City of Bozeman, County of Gallatin, State of Montana and signed by all the attending delegates of the INC, representing a majority of neighborhood associations. B.These bylaws of the INC as officially and formally adopted on the 11th day of December, 2007, shall be effective January 1, 2008, upon final acceptance by majority of the City Commission as presented for ratification by the City Commission on December 17, 2007 and approved by a vote of 5-0. C.Amendments to these bylaws occurred by a 2/3 vote of the INC on the 9th day of May and presented for ratification by the City Commission on 12th day of August and approved by a vote of 4-0. Documentation of INC Approval: _________________________________________________ INC Chair Attested to by: __________________________________________________ INC City Liaison 16 Memorandum REPORT TO:Inter-Neighborhood Council FROM:Nicholas Ross, P.E. – Director, Transportation and Engineering SUBJECT:Local Street Reconstruction Funding Policy MEETING DATE:August 8, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Provide feedback on potential funding alternatives. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Resolution 4507 (attached) established policy for the funding of local street reconstruction projects and was adopted in 2014. Resolution 4507 requires a portion of the cost of local street reconstruction projects to be allocated to adjacent property owners through a special improvement district (SID) and the remainder to be allocated to the City Street and Curb Reconstruction Fund per Table 1. Table 1. Local Street Reconstruction Cost Share Average Daily Traffic (vehicles per day) Funding Split (SID/Reconstruction Fund) Less than 800 75%/25% 800-1500 50%/50% 1501- 4500 15%/85% More than 4500 100% The purpose of this policy was to allocate project costs in an equitable way by assessing the property owners that directly benefit from the associated improvements. For example, streets with low average daily traffic are primarily used by the local residents and therefore, the SID would fund a larger percentage of that project, whereas streets with a high average daily traffic are generally used by a larger proportion of the City and therefore the 17 Citywide reconstruction fund would pay a higher percentage of the cost of that project, per this policy. In 2020, this policy was amended through Resolution 5174. As noted in the commission resolution, the amendment was proposed in response to the large number of Special Improvement Districts that have been protested and not created, leading to the street reconstruction project being abandoned and the streets not improved. The amendment contained in Resolution No. 5174 included a not-to-exceed special improvement district assessment of $138 per foot of lot frontage, with an annual inflation factor similar to the one used in our impact fee program. This was intended to limit the assessment amounts in an effort to increase the percentage of successful reconstruction projects. Table 2 provides a summary of local street reconstruction projects to date. Since the program was established, seven districts have been successfully created and nine districts have failed. According to the Montana Code Annotated, if 50 percent of property owners within a special improvements district protest, the district cannot be created. None of the failed projects below have gone to the commission through the formal SID process; however, City Staff has met with property owners early in the design phase of these projects to discuss the work and to take an informal vote on neighborhood’s interest in the project and the associated SID. If the informal vote is positive, the project moves forward, and if the informal vote is negative, the street reconstruction project is cancelled, and City Staff begin work on the next project on the list. Table 2. History of Local Street Reconstruction Projects Since Adoption of Resolution 4507 & Resolution 5174 Project Location Calendar Year SID Passed Project Cost Costs/Property SID Funding E. Story Street 2015 Yes $ 610,000.00 $ 9,531.25 50% N. Wallace Avenue 2016 Yes $ 2,141,000.00 $ 3,751.21 15% N. Grand Avenue 2016 No $ 1,310,230.00 $ 15,849.56 75% W. Olive Street 2017 No $ 1,910,210.00 $ 4,035.65 15% E. Olive Street 2017 Yes $ 933,000.00 $ 3,673.51 15% S. Grand Avenue 2018 No $ 2,330,212.00 $ 18,592.12 75% S. Tracy Avenue 2018 Yes $ 1,600,000.00 $ 3,157.70 15% 18 N. 17th Avenue 2019 No $ 1,012,000.00 $ 13,924.71 50% N. Tracy Avenue 2019 Yes $ 511,000.00 $ 9,441.17 50% W. Koch Street 2020 No $ 1,470,000.00 $ 16,857.00 75% S. 5th Avenue 2020 No $ 2,329,000.00 $ 19,408.33 75% W Harrison Street 2021 No $ 1,436,000.00 $ 11,730.00 36% S. 6th Avenue 2021 Yes $ 1,638,000.00 $ 8,280.00 45% Bogert Place 2023 Yes $ 499,000.00 $ 15,732.00 34% S Black Avenue 2024 No $ 1,100,000.00 $ 9,578.00 45% N Grand Avenue 2024 No $ 1,387,500.00 $ 8,750.00 40% Property owners within failed SID districts have communicated to the City, several reasons for not supporting creation of the districts. The most common reasons include: Reluctance to take on an additional tax burden Belief that existing property taxes should cover the entire cost of the project Unwillingness to be inconvenienced by construction of the project Belief that the assessment amount is too high Although results have been mixed, the current policy has resulted in seven successful projects. City staff have designed and provided construction management services for the local street reconstruction projects resulting in savings relative to using consultant design services; however, as Table 2 indicates, our success rate is relatively low. In addition, it takes a significant amount of staff time and resources to perform preliminary engineering for these projects and to present them to property owners. Projects that fail to gain neighborhood support have historically been moved to the back of the list as “Unscheduled” in the City’s Capital Improvements Plan. With no other alternative to reconstruct local streets, these failed streets continue to degrade, resulting in additional maintenance demands on the Street Department, safety concerns for the travelling public, and a disproportional increase in maintenance expenses relative to other streets in the City. 19 FUNDING POLICY OPTIONS Alternative 1 Creation of a regional special improvements district for the funding of local street reconstruction projects. Based on the current list of projects, streets requiring reconstruction are concentrated in the historic area of Bozeman, east of 7th Avenue. Instead of creating an SID for each separate project, a regional SID could be created to fund five or more years of reconstruction projects or as decided by the commission. Each property directly fronting a reconstruction project would be included in the district and the district would help to fund local street reconstructions as identified in the Capital Improvements Plan. This would reduce the amount of staff time required for securing SID funding for specific projects and provide certainty to the City for scheduling and budgeting purposes. Alternative 2 Creation of a predetermined SID equal assessment method or a predetermined cost/foot of frontage. This would allow staff to meet with the neighborhood property owners and take an initial SID protest vote without completing a topographic survey, cost estimate, preliminary design work, or traffic counts. As a rough estimate, a local street costs $750/foot to reconstruct. If a flat fee of $8,000/property (or alternative amount as suggested by the commission) were applied, this would be a favorable cost split for the property owners while still helping the City to offset the cost of the project. Subsequently, staff could poll the property owners, and if they show support for the project, staff could initiate the topographic survey and engineering design work. The percentage cost split would always be different but the assessment amount would remain the same. This would provide additional clarity to property owners because they would know their actual assessment with certainty well in advance of the project. Alternative 3 Another option would be to eliminate the local cost split and cover the full project cost from the Street Maintenance Fund. The Street Maintenance Fund is funded by a combination of City Street Maintenance Assessments and state fuel taxes. Other local streets receive regular maintenance using less costly street treatments such as chip seal or mill-and-overlay methods that are entirely covered by the Street Maintenance Fund. The difference between the Streets listed in Table 2 and other local street maintenance is that the streets in Table 2 have deteriorated to the point that less costly treatments are not viable due to the level of deterioration. Alternative 4 Delaying cost recovery until a property is sold. Typically, the city begins assessing properties within a special improvements district once the street improvements are completed. The district’s share of the improvements are initially funded by the City through an inter-fund loan from the general fund. The City’s general fund is then paid back over the 20-year term of the loan 20 as property owner make their payments over time. This alternative would delay the initial payments to the City, but would require that the full amount of the special assessment is paid to the City when the property is sold. The advantage of this alternative is that property owners would avoid paying bi-annual assessments to the City and instead use a portion of their home equity gained through property appreciation over time to cover the assessment once the property is sold. The City would not have as much certainty or consistency regarding financing because the timing of SID payments would be unknown. While staff are suggesting policy adjustment, staff are also requesting guidance from the Commission and wish to generate discussion and new ideas to provide a course correction to the current policy. If the policy continues without amendment, staff anticipate that a large percentage of local street SIDs will continue to be protested out for remaining listed projects. UNRESOLVED ISSUES:The primary unresolved issue is how to handle the increasing number of local streets that have fallen into disrepair with no alternative to fund the necessary reconstruction work. A method needs to be found to insure the overall health of the City’s Street Network. ALTERNATIVES:As suggested by the audience. FISCAL EFFECTS:To be determined once feedback is received on preferred alternatives. Report compiled on: July 31, 2024 21 Memorandum REPORT TO:Inter-Neighborhood Council FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Affordable Housing Ordinance (AHO) Work Session MEETING DATE:August 8, 2024 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Provide feedback on recommendations prior to the City Commission Work Session on revisions to the AHO. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: The City Commission completed adoption of the current Affordable Housing Ordinance (AHO) codified in Division 38.380 [external link] of the municipal code on September 27, 2022. The City Commission adopted the replacement of the AHO in response to legislative action. The 2021 Montana Legislature passed House Bill 259, which barred the City from requiring affordable housing in new development. As most of the other commonly used tools for creating affordable housing are also prohibited in Montana, the City could only turn to voluntary incentives to create affordable housing. The current AHO is a response to this policy context. In creating the current AHO, the City conducted an extensive public review of the then existing code, identified alternatives, and choose those considered most likely to result in construction of new affordable housing. The current AHO has been effective. There are 387 units of affordable housing that utilized the AHO currently under construction and 1079 affordable units in the project pipeline across 15 projects. In July 2024, the City Commission requested that city staff suggest proposed revisions to the AHO. The policies contemplated by these revisions fall in three categories: 1. Administrative changes to the ordinance to provide necessary clarity in applying the ordinance. 2. Staff recommendations to enhance the ordinance and its policy 22 objective of creating encouraging the voluntary creation of new affordable housing units. 3. Recommendations to amend the deep incentives of the affordable housing ordinance in response to current market conditions and significant public comment requesting revision. Housing and economic development staff will present on affordable housing market conditions. Staff will also propose recommended revisions to the AHO in order to receive feedback from the board and the public. Staff plan to hold a work session with the City Commission on August 20th informed by this engagement with the advisory boards and the public. Based on direction from the City Commission following that work session, staff will draft an Ordinance incorporating the revisions requested by the City Commission, which will have additional opportunities for engagement with the relevant advisory boards and the public on specific revisions. Since the Inter-Neighborhood Council represents citizens with interest in housing policy, we wished to let you know of these upcoming events. Formal presentations and public hearings will occur before any revision is adopted. Linked Documents: Policy Discussion - Community Housing Unified Development Code Incentives for Affordability March 1, 2022 Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable Housing, and Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing Text Amendment, Application 22133 – August 23, 2022 Unified Development Code Affordable Housing Assessment, Clarion Associates, December 2021 UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the Community Development Board. FISCAL EFFECTS:None at this time. Report compiled on: July 31, 2024 23 24