HomeMy WebLinkAbout01-28-16 CAHAB MinutesCommunity Affordable Housing Advisory
Board
Thursday, January 28, 2016, 10:30am, Stiff building 2nd Floor Conference
Room – 20 East Olive
A. Call meeting to order – Brian Lameres calls meeting to order
Sharon Southard – Present
Kevin Thane – Present
Anders Lewendal – Present
Hattie Baker – Present
Sean Maloney – Present
Brian Lameres – Present
David Magistrelli – Present
Commissioner I-Ho Pomeroy - Present
Welcome new member Sean Maloney. Board introduces themselves and provides background.
B. Changes to the Agenda – No changes to the agenda
C. Public Comment –
Brian Guy from HRDC – He is here in place of Heather Greenier from HRDC
who typically attends, but she is at a meeting.
Luke Howard – works for SWMBA – will provide comment later during review
of manual.
D. Approval of Minutes from January 13th, 2016 –
David Magistrelli moves to approve
Kevin Thane seconds
Discussion regarding to changes – Kevin Thane suggests to change the portion of the minutes about the
LED lights should note that the builder should install them, not that the property owner should install
them.
Board unanimously approves minutes with changes.
E. Action Items
1. Discuss Affordable Housing Manual
Wendy Thomas begins discussion on the Affordable Housing Manual. They created the manual to make
the affordable housing ordinance more flexible. She states that the copy the board has may have
changed slightly, but they do have the version that legal has reviewed. She suggested that when the
Commission Packet comes out, that they can review the changes that were made.
Wendy Thomas mentions that yesterday Community Development received the first affordable housing
application that will be utilizing the new ordinance to create 4 new homes.
Anders Lewendal questions the start date for the affordable housing program. Wendy Thomas states
that knowing the ordinance is beginning to go into effect; we can begin to count homes immediately.
Board decides to review the manual one section at a time. Wendy Thomas states that if they do not get
through the whole document, that she can take marked up copies of the manual and use them as public
comment.
Brian Lameres begins discussing the definitions.
Kevin Thane clarifies the definition of “Affordable Housing” and what 33% of income includes. Board
discusses consistency with Montana Board of Housing.
Anders Lewendal questions why homes need to be newly constructed. Wendy Thomas states that the
focus of the program was to construct homes. Anders Lewendal questions why they can’t just be newer
homes that are only 6 months to a year old. Wendy Thomas states that she understands what he’s
saying, but the goal was on new construction.
Kevin Thane states that the program also excludes affordable rentals, but he feels they should include
rentals as well.
Kevin Thane questions a redundancy with how the lots are recorded. Wendy Thomas clarifies that it was
to give options on how to record what lots are affordable housing.
Kevin Thane questions the time line to accomplish all the steps in the manual. Wendy Thomas stated
that aside from subdivision review, it is not a mandated process. Kevin Thane stated that it would be
helpful to add an expected turn-around time from staff.
Kevin Thane clarifies what is meant by “the agreement” in step 5. Wendy Thomas clarifies that it is the
affordable housing plan. Suggestion to clarify the wording.
Hattie Baker questions if the board should suggest a response time from city. Wendy Thomas stated that
she’s not sure it will make it in the manual, but she would like some suggestions. Hattie Baker agreed
with Wendy Thomas that the 5 day adequacy period that is in place for other applications sounds
reasonable.
Kevin Thane states that he thinks there should be a definition for the cost of home ownership.
Board discusses whether or not to include a definition. David Magistrelli states that he supports a
definition of ownership.
David Magistrelli states that the manual only accounts for 70, 80 and 90%. He questions how that works
for 40, 50 and 60% AMI. Kevin Thane suggests adding “70% and below” to the manual. Wendy Thomas
clarifies that the ordinance goal was to focus on 65-100%, but that if you come in lower, the incentives
still apply.
Anders Lewendal questions if a 60% AMI home would qualify towards the number of homes that need
to be built. Wendy clarifies that yes, it will count towards the count of homes created.
David Magistrelli comments that the builders won’t be aiming lower, if all they have to do is reach 65%.
Sharon Southard states that currently they are not building in the 65%-100%, so the fact that this will
provide homes in that range is a start.
Hattie Baker clarifies that the below 70% AMI is a group that needs to be addressed, but that is not what
the ordinance was aimed at directly and the goal today was to focus on the manual which was part of
the ordinance.
Kevin Thane states that in the section when discussing mortgage affordability, that it doesn’t actually get
to a total. Wendy Thomas states that it is highlighted in the manual because it is still a work in progress.
Board moves on to the section regarding building upgrades. Anders Lewendal stated that there is a cost
for builders to install upgrades and it would be helpful to clarify what is a standard upgrade mark up for
the builder, so that builders get paid and buyers don’t get over charged.
Anders Lewendal questions a stop work order applying to developers. Wendy Thomas clarifies that the
stop work order would only apply to a specific building and the term “builders” refers to builders,
developers, etc.
Luke Howard states that other phases should not be held up because one phase is not in compliance. He
states that he does not think it is very well clarified whether a project is out of compliance. He does not
think that builders can easily tell what it will take to fall out of compliance. He thinks some sort of time
line should be provided to the builder so he knows what he needs to do to stay in compliance.
Anders Lewendal clarifies what the requirements are for a bedroom. Wendy Thomas states that if it’s
not something people will buy, it will not count – so it will regulate itself. Wendy Thomas questions if
Anders Lewendal would like to make a suggestion on the square footage. Anders Lewendal stated that
he would like to keep it open.
Board discusses the requirement for the project to sell to count toward the ordinance. There is a
concern from some board members that the projects will be built, but not sell. Others clarify that there
is a demand for homes in this price range. If they build them, people will buy them.
Sean Maloney questions where the minimum heated square footage is derived. Wendy Thomas stated
that it is derived from national best practices.
Luke Howard states that he does not agree that the location of the homes should be dictated. The
builder should be able to build clusters of affordable homes – or they should not be required to make
the homes look a certain way if the city is telling them where to put them.
Kevin Thane states he supported getting rid of the minimum square footage.
Hattie Baker suggests suggesting to the commission to amend the wording of the ordinance to allow
homes built count even if they don’t sell, because the builders have met their requirements.
Kevin Thane states that “substantially similar” to other homes in the neighborhood is open to too much
interpretation.
Anders Lewendal states that he has rental that does not have a dishwasher – it should not be required in
an effort to keep the home affordable.
Sharon Southard stated that the landscaping should be required to fit with other homes in the
community.
Kevin Thane agrees with Anders Lewendal that dishwashers should not be required and that there
should not be a requirement for a certain type of heating. Board discusses affordability of various types
of heating.
Anders Lewendal commented on the way in which Impact Fees are addressed. He doesn’t think it should
fall on the builder. Wendy Thomas states that the lien transfers to the home owner at the time of sale.
Kevin Thane comments on the design materials required that they need to state “meet or exceed” the
standards to allow for upgrades.
Sharon Southard commented that the HUD1 is now a “closing disclosure” and should be changed in the
manual.
Hattie Baker questions the closing cost verification and how that corresponds to non-disclosure laws.
Wendy Thomas clarifies that information will be kept internal and redacted from public records.
Kevin Thane suggests striking the portion about 4 or more unrelated individuals. Wendy Thomas states
that it’s city code. Kevin Thane said it will be opening it up to 4 students coming together and buying a
house – he does not think we should be marketing to that group.
Hattie Baker questions if the properties will be on MLS. Wendy Thomas states that it will be listed, but
we can also market to specific groups of individuals.
Anders Lewendal clarifies that it should not be the responsibility of the seller’s agent of the builder to
make sure the buyer understands the affordable housing contract.
Sean Maloney questions if HRDC covers the disclosures. Sharon Southard states that the lender
discusses disclosures at closing.
Luke Howard states that if the sale falls through, it should not fall on the builder to absorb the cost.
Anders Lewendal agrees that if the home doesn’t sell, that someone else should be responsible for the
lien.
Sharon Southard comments that 10 days should be 30 days on closing.
Hattie Baker comments on step 6 – she questions if they can change 1 day to 3 days.
Anders Lewendal states that the other homes in the area will increase to absorb the cost of the
affordable home. It will not lower the cost of the other homes in the area. Board discusses the effect of
affordability of other homes. Anders Lewendal feels that they do not need to comment in the manual.
Board decides to keep the comment based on City research.
Anders Lewendal states that we should adjust the ultimate price with the title company within two
weeks.
Luke Howard states that “extreme financial hardship” should be defined on page 34. He also thinks that
“continuous tracts” should be defined, to avoid developers not meeting their quota.
Anders Lewendal comments on the cash-in-lieu fee that builders should be able to provide cash-in-lieu
up front. David Magistrelli comments that would not be effective at providing affordable housing.
Wendy Thomas comments that the requirements for after the program becomes mandatory will be
removed from this manual and a new manual will be made if it is made mandatory. As a result, there is
no need to discuss that portion of the manual.
Kevin Thane commented that the commission should know that written comments were submitted
because of the short turn around required.
David Magistrelli makes a motion: I move to approve the Affordable Housing Manual with changes as
documented.
Second by: Sean Maloney
Board Unanimously agrees.
F. FYI/Discussion
Wendy Thomas commented that she will not be at the next meeting.
G. Adjournment – Brian Lameres closes the meeting.
For more information please contact Alicia Kennedy at akennedy@bozeman.net
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