By Michael Howell
The Stevensville Town Council adopted an updated and revised Development Code at its meeting on January 8. The second reading of the ordinance was continued from a meeting at which the motion was tabled on December 11, 2014.
A review of the Town’s Development Code was initiated in the Planning and Zoning Board about two years ago and some recommended changes were worked out for consideration and possible adoption. According to Mayor Gene Mim Mack, the changes mostly addressed items that were out of date, ineffective or unclear. The Town Council then held a few meetings in which the proposed changes were discussed. From those discussions a draft of changes was put forward and a public hearing was held and the amended code was approved on first reading.
One of the most significant issues to raise concerns upon second reading had to do with the Historic Downtown and the requirement that any new construction or substantial remodeling in the Historic Downtown “shall consider” the Department of Interior’s guidelines for rehabilitating historic buildings and “shall consider” using the services of Stevensville Main Street Association’s Design Committee.
According to the mayor, the designation of the Historic Downtown area is not new and was part of the old development code. It encompasses Main Street from 1st to South Avenue; the west side of Church Street from 1st to 5th Street and the east side of Buck Street from 1st to Central.
He said the changes made in the new draft being considered included changing it from the guidelines of the National Trust for Historic Preservation to the Department of Interior, which is where the guidelines are currently found. He said the words “shall conform to” were also changed to read “shall consider.”
“It was never the intention that people would be forced to follow specific rules,” said Mim Mack. “It was never meant to be a requirement, but simply to be aware of and sensitive to the town’s historic character.”
But some members of the public expressed objection to the use of the words “shall consider,” saying it still carries the legal thrust of a mandatory obligation. Councilor Jim Crews suggested changing it to the words “should consider.”
Mim Mack said that the word “should” is not used in state law, but it does use the distinction between “shall” and “may.” He said that as worded it only meant that a person had to consider the guidelines even though they did not have to follow them.
Councilor Robin Holcomb moved to change the words “shall consider” to “may consider.” But a vote on the motion failed on a 2 to 2 vote. Holcomb and Crews voted in favor; Hunter and Perrin voted against.
A motion was then made to change the “shall consider” using the Main Street Association Design Committee to “may consider” the use of that resource and this passed on a 3 to 1 vote, with Bill Perrin casting the dissenting vote.
As a result the final wording of the code will be that anyone doing any new construction or substantial remodeling in the Historic Downtown “shall consider” the guidelines for historic building renovation found at the Department of the Interior and “may consider” using the resources provided by the Stevensville Main Street Association’s Design Committee.
Following adoption of these amendments the entire revised code was adopted unanimously.
A long list of specific changes, additions and omissions was submitted by one member of the public at the meeting. The mayor said that those recommendations all came too late in the process but would be submitted to the Planning and Zoning Board for review and possible recommendation for action at some future meeting.
The Council approved a new land lease contract with Charter Communications for use of property near the town’s sewer plant for a communication tower. Mayor Mim Mack explained that the company has been paying rent of $200 per month based on a twenty-year-old contract that recently expired. He said he did some research on comparable rental contracts being agreed to in recent times and decided that $200 per month was way too low. Based on comparatives, he proposed offering the company a five-year contract at $1,000 per month that could be renewed once for another five years. He said the company found the offer acceptable. The council voted 3 to 0 to accept the contract. Councilor Crews, who works for Charter Communications, abstained from voting.
The Council approved a number of applications to the town’s Grants to Others program. A $400 grant was made to each of the applicants, which included the Stevensville Museum, Stevensville Playhouse, Pantry Partners, Stevensville Clothes Closet, St. Mary’s Mission and the Stevensville Senior Center.
Most of the grant recipients will use the money to pay their water and sewer bills. Pantry Partners will spend theirs on food and the Stevensville Playhouse plans to use its grant for building improvements.
The Council approved an annual grant to the Stevensville Main Street Association of $5,500. Mayor Mim Mack noted that, except for one year, from 2000 to 2015 the town has funded the Main Street organization from $2,500 to $10,000 annually.
Lots of support was expressed for the Stevensville Main Street Association. According to Councilor Bill Perrin, from the town’s perspective the main aims of the organization was to help preserve and enhance the town’s tax base by encouraging development, attracting businesses, promoting commercial activity and creating a vibrant downtown. He noted that in 2000 the town’s tax base was $45,473,886 and in 2014 it was $99,252,573, an increase of 112%.
“I know it can’t all be attributed to Main Street,” he said, “but that is what Main Street supports. It has exceeded our expectations.”
Bonnie Weisbeck, a trustee of St. Mary’s Mission, read a letter from Mission Director Colleen Meyer, testifying to the incredible contribution that Main Street puts into the community’s local celebrations and the help it has given her organization in particular.
“Main Street unites us as a community with a heart, not just a community with a Main Street,” she read. “Once you participate in a First Friday or enjoy the Scarecrow Festival you know that you are in the heart of a caring community.”
Kate Lutzenhiser of Lutzenhiser Jewelry, which has been doing business on Main Street for 25 years, gave glowing testimony as to how her business has benefited from the Main Street Association’s energy and commitment to the downtown. Lutzenhiser had high praise for the association, not only for the community festivals and events that it sponsors to spur activity in the town, but also for other major projects and improvements such as the streetscape project.
“We now have paved parking on one side of our business that used to be a mud hole most of the year,” said Lutzenhiser. “We have lovely landscape on our corner. Sales have increased and we’ve had so many people tell us how wonderful our community is, how beautiful it is and how walkable it is. It truly sets Stevensville apart from other small towns and says a lot about our community.” She said that Main Street served as a clearing house for information and provided educational opportunities. She said a thriving business community is good for the whole town.
“The Main Street Association is a worthwhile organization that provides so many services to a person that they don’t think they need until the time arrives and there they are,” said Lutzenhiser.
Dan Severson, owner of Valley Drug, recalled how crucial Main Street was in getting the Stevensville Medical Clinic to locate in town instead of out on the highway where they were headed. He recalled the same thing about the Post Office, when it decided to relocate and considered moving out to the highway. He said those successful efforts just mark two occasions in a long history of success and that Stevensville today is place where business people want to locate, largely due to the successes of the Main Street Association.
Although Councilor Robin Holcomb hesitated and postponed her vote until the other Council members had voted, in the end the Council approved the grant unanimously.
The Council approved a contract amendment with Morrison-Maierle for work on the Airport Environmental Analysis, adding $10,000 for a study on air quality at the recommendation of the Federal Aviation Administration which will cover 90% of the cost. The town’s match of $1,000 could be cut in half if a grant request to Montana Aeronautics is successful.
The Council amended a contract with Ravalli County Recycling to reflect that at the end of the contract the trash container being purchased will become the property of the recycling company.