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HomeMy WebLinkAbout06-13-25 Public Comment - D. Carty - INC meeting, June 12From:Daniel Carty To:Emily Talago; Alison Sweeney; Emily Kiely Cc:Bozeman Public Comment; Angela Kociolek Subject:[EXTERNAL]INC meeting, June 12 Date:Friday, June 13, 2025 5:09:08 PM Attachments:WARD_Initiative_Final_3-25-25.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Emily Talago (INC Chair), Alison Sweeney (INC Secretary), and Emily Kiely (Community Engagement Coordinator and City Staff Liaison to the INC): (1) Thank you for proposing to create an INC-wide survey related to Commissioner Jennifer Madgic's June 3 suggestion to pause large-scale developments (>= 35,000 sq ft buildings) within the NCOD until such time as the NCOD regulations (for lack of a better-defined term) are updated within the UDC update process. (2) For the INC minutes, I want to correct a mis-statement made by Mr. Jason Delmue (representing NENA at this meeting) re the WARD ballot initiative (approx. 1:47:50 of meeting video). In Mr. Delmue's re-cap of the NENA spring meeting, he stated that WARD would mean "no more cash-in-lieu of water rights." Although this statement may be Mr. Delmue's personal opinion, it is not, in fact, what the WARD working group presented at the NENA spring meeting and not how the WARD ballot initiative actually reads (see attached pdf). The key sections of the WARD ballot initiative actually read as follows: Sec. 38.410.130.D - Water adequacy 2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce the estimated annual municipal water demand attributable to the development by one or more of the following methods: e. Other water efficiency and conservation methods brought forward as part of the development by the applicant that the review authority may at its discretion approve. "3. a. Development of three or more residential dwelling units shall only be allowed to issue a payment to the city of cash-in-lieu of water rights if the development contains 33% or more of affordable dwelling units restricted by deed for 99 years or as long as the law allows at 120% or less of area median income (AMI) for sale or at 60% or less of AMI for rent. The affordable dwelling units must be of the same quality and size as those sold or rented at market rate. The affordable dwelling units must be evenly distributed among and within all buildings and floors in any such development as applicable. The city shall allocate the affordable dwelling units for sale and for rent by random lottery." Because of Mr. Delmue's mis-statement about the WARD ballot initiative, I ask for this public comment and a pdf of the WARD ballot initiative to be attached as an addendum to the INC minutes for the INC's June 12 meeting. Thank you. Daniel Carty, WARD working group 213 N. 3rd Ave Bozeman, MT 59715 cc: Angie Kociolek, NENA rep for INC PETITION TO PLACE BOZEMAN WATER ADEQUACY INITIATIVE ON THE ELECTION BALLOT If 15% of the registered voters in the City of Bozeman (City) sign this petition and the total number of voters signing this petition is 5,356, the vote to modify use of payment to the City of cash-in-lieu of water rights under Bozeman Municipal Code (BMC), Chapter 38, Article 4, Sec. 38.410.130.D will appear on the November 2025 ballot. If a majority of voters vote for this initiative at that election, it will become law. Then use of payment of cash-in-lieu of water rights under BMC Chapter 38, Article 4, Sec. 38.410.130.D will be restricted to require all residential development of three dwelling units or more to contain 33% or more of affordable dwelling units restricted by deed for 99 years or as long as the law allows at 120% or less of area median income (AMI) for sale or at 60% or less of AMI for rent. We, the undersigned City of Bozeman voters, propose the City of Bozeman place the following language on the November 2025 ballot: Statement of Purpose: The Bozeman Water Adequacy Initiative amends 38.410.130.D of the Bozeman Municipal Code to allow development to pay cash-in-lieu of water rights only if the development provides 33% or more of the dwelling units as restricted by deed for 99 years or as long as the law allows and sold at 120% or less of area median income (AMI) or rented at 60% or less of AMI. This applies to all residential development of three units or more. The initiative also repeals the ability of residential development to satisfy its water adequacy requirements by implementing offsite water efficiency or conservation measures. [ ] For the Bozeman Water Adequacy Initiative [ ] Against the Bozeman Water Adequacy Initiative Voters are urged to read the complete text of the Statement of Purpose and BMC Chapter 38, Article 4, Sec. 38.410.130.D. A signature on this petition is only to put the question to modify payment to the City of cash-in-lieu of water rights under BMC Chapter 38, Article 4, Sec. 38.410.130.D on the ballot and does not necessarily mean signer agrees with modifying payment to the City of cash-in-lieu of water rights under BMC Chapter 38, Article 4, Sec. 38.410.130.D. WARNING A person who purposefully signs a name other than the person’s own name to this petition, who signs more than once for the same issue at one election, or who signs when not a legally registered Montana voter is subject to a $500 fine, 6 months in jail, or both. Each person is required to sign the person’s name and list the person’s address or telephone number in substantially the same manner as on the person’s voter registration card or the signature will not be counted. In place of residence address, the signer may provide the signer’s post office address or the signer’s home telephone number. Signature Date Signed Residence Address or Post-Office Address or Home Telephone Number Printed Last Name, First Name, and Middle Initial Office use only 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. COMPLETE TEXT OF BOZEMAN WATER ADEQUACY INITIATIVE The below text amends subsection (D) of 38.410.130, Bozeman Municipal Code. Other subsections of 38.410.130, BMC, address additional provisions related to the City of Bozeman’s Water Adequacy requirements which are not proposed to be amended. Section 1. Section 38.410.130.D, BMC, is amended to read: Sec. 38.410.130. - Water adequacy D. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 1. Transfer of water rights into city ownership that are appurtenant to the land being developed, or other water rights that may be available for transfer, that the city determines to be useful. 2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce the estimated annual municipal water demand attributable to the development by one or more of the following methods: a. Installation of high efficiency indoor water using fixtures, appliances, and products that are more water efficient than city-adopted plumbing codes or state or federal minimum standards. b. Installation of unirrigated, or minimally irrigated, drought resistant or drought tolerant landscaping that exceeds the minimum requirements of division 38.550 of this chapter. c. Installation of high efficiency or water conserving irrigation componentry that exceeds the minimum requirements of division 38.550 of this chapter. d. Installation of non-potable water supply systems for landscaping irrigation purposes. e. Other water efficiency and conservation methods brought forward as part of the development by the applicant that the review authority may at its discretion approve. 3. A Ppayment to the city of cash-in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under subsections D.1 and D.2. a. Development of three or more residential dwelling units shall only be allowed to issue a payment to the city of cash-in-lieu of water rights if the development contains 33% or more of affordable dwelling units restricted by deed for 99 years or as long as the law allows at 120% or less of area median income (AMI) for sale or at 60% or less of AMI for rent. The affordable dwelling units must be of the same quality and size as those sold or rented at market rate. The affordable dwelling units must be evenly distributed among and within all buildings and floors in any such development as applicable. The city shall allocate the affordable dwelling units for sale and for rent by random lottery. 4. If any word, phrase, clause, sentence, or paragraph of this subsection be adjudged or held unconstitutional, illegal, or invalid, the same shall not affect the validity of this subsection as a whole or any part or provision thereof other than the part so decided to be invalid, illegal, or unconstitutional.