[MissoulaGov] committee update 6-10-09

Paradigm1 at aol.com Paradigm1 at aol.com
Fri Jun 12 10:04:17 MDT 2009


Thanks Steve... I'd be happy to meet with you and review the specifics...


In a message dated 6/12/2009 10:00:59 A.M. Mountain Daylight Time,
adler at bigsky.net writes:

Carl,

"Sieze control"? . . . "Freeze them in time"? . . . "Limit thought and
expression"?

Though your concerns have a kernel of validity, I believe your expression
of them belies fear and is extreme and alarmist. No offense, but that's
the last thing any public process needs. If you would like to sit down some
time for general discussion or to go over the ordinance, I'd be happy to do
that with you. Or if you'd like to meet with the commission, we can do
that at a meeting. Please feel free to let me know if you'd like to follow
up.

As for some of the particulars, of which you may already be aware:

Preservation ethic and the Secretary of the Interior Standards do not
condone societal "freezing in time". They encourage primarily 1)restoration
and adaptive re-use of existing structures, and 2) compatibility of new
structures with an historic context. The reality is that Missoula is a living,
breathing community. Even we "preservation Nazis" know that any attempt to
"freeze things in time" is suicide. Not only that, but it would keep any
more history from happening - kind of antithetical . . . (and in a very
practical and legal sense, it's virtually impossible to achieve).

"Limiting thought and expression" is a constitutional issue that is way to
broad to discuss in one e-mail.

But to take a general-attitude approach: based primarily on the public
health safety and welfare, the "government" already has a raft of regulations
(i.e. building codes, zoning, subdivision regulations, etc) which may be
considered "restrictive". In this case, I think what you consider the
"government" is really going to be the "People of Missoula". This ordinance
will be going through a standard, open, local public process, in which
everybody gets to be heard, if they so choose. Historic Preservation is not a
mandated plank of the workings of society. Essentially, it is optional. But
if enough people value the historical context of their environment and find
the ordinance a fair exchange of "protections upon what they value" for
"restrictions", they can chose to impose those "restrictions" upon themselves.


I know we won't all agree, but I would certainly welcome more open and
thoughtful discussion of the matter.

If you got this far , thanks for your time and attention.

Steve Adler




----- Original Message -----
From: _Paradigm1 at aol.com_ (mailto:Paradigm1 at aol.com)
To: _western at montana.com_ (mailto:western at montana.com) ;
_ryan at buildmissoula.com_ (mailto:ryan at buildmissoula.com) ; _missoulagov at cmslists.com_
(mailto:missoulagov at cmslists.com)
Cc: _newsdesk at missoulian.com_ (mailto:newsdesk at missoulian.com)
Sent: Friday, June 12, 2009 8:29 AM
Subject: Re: [MissoulaGov] committee update 6-10-09


So.... a simple question. Is inclusion optional... or is the City of
Missoula using this proposed ordinance to essentially seize control of these
3500 properties? Freeze them in time, and limit architectural thought and
artistic expression to ideas the Government feels are "appropriate"?

Carl P.


In a message dated 6/11/2009 9:21:35 P.M. Mountain Daylight Time,
_western at montana.com_ (mailto:western at montana.com) writes:

There is some confusion on this discussion that needs to be addressed, I
want to address what I feel is probably one of the more recurring themes
that needs clarification. The National Historic Preservation Act of 1966
allows private property owners to decline listing as a historic resource.
Historic private property that is listed on the National Register of Historic
Places or eligible for listing on the National Register occurs only with the
consent of the private property owner. This has been the standard
approach for the National Register and private property for over four decades.
Dan Hall

----- Original Message -----
From: _Ryan Morton_ (mailto:ryan at buildmissoula.com)
To: _missoulagov at cmslists.com_ (mailto:missoulagov at cmslists.com)
Sent: Thursday, June 11, 2009 5:54 PM
Subject: Re: [MissoulaGov] committee update 6-10-09


Perhaps, the Hist. Pres. Officer could have more power to administratively
approve projects so that less folks have to go through a hearing to get a
building permit. People who are upset about their property being listed as
historic should chime in now or get their properties delisted asap.

Anyhow, I'll hold off more comments until the planning board hearing.

Ryan Morton
Government Affairs Director
Missoula Building Industry Association
406.543.4423 or 406.546.0902 (cell)
ryan at buildmissoula.com



____________________________________
From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Geoff Badenoch
Sent: Thursday, June 11, 2009 8:39 AM
To: 'Bob Jaffe'; missoulagov at cmslists.com
Subject: Re: [MissoulaGov] committee update 6-10-09




Putting on my prognosticator’s hat with respect to the historic
preservation issue, I predict most heartburn will be generated by “In order to get a
building permit to do anything to the exterior of one of these properties
there will be an extra step where the preservation officer will need to
review the application to confirm that the project is appropriate. Some
projects will be able to be confirmed by the preservation officer, some will need
to go to the preservation commission. Approval will be based upon a number
of factors including design standards to be developed for each historic
district.
I wonder if this is the best way to go about this. Maybe it is, because
historic preservation is a good thing. It ties us to our past, older
structures are interesting to look at and provide a valuable visual texture to
local architecture and so on. That said, historic preservation seems to
always have to make its case over and over again every generation. And every so
often, it turns to regulation to help do its important work. Yet, like so
many issues in Missoula, we are setting the table for yet another classic
Missoula confrontation that may end up setting us back on this issue. “It
will add cost to my project!” “This added step is taking time I don’t
have--winter is coming!” “It’s dangerous to put so much power into one person’
s (the historic preservation officer) hands” “You mean I need someone’s
historic OK to re-roof my family’s home?” “If the Historic Preservation
Commission is unable to get a quorum in order to act on an issue, it gets
postponed?” Some of these predictable objections are more relevant than
others, but I can hear the wailing and anti-government voices tuning up. Ideally
our community would be able to create a workable approach to supporting
meaningful historic preservation, but I am afraid the process Bob has
described makes me think we will either end up eroding support for historic
preservation, or making local government look bad, or both.

Geoff Badenoch
P Please consider the environment before printing this email.
-----Original Message-----
From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Bob Jaffe
Sent: Wednesday, June 10, 2009 11:33 PM
To: missoulagov at cmslists.com
Subject: [MissoulaGov] committee update 6-10-09
Greetings,
First I want to thank the folks who contributed comments last week
regarding the cost of developing housing in Missoula. The information was very
helpful.
In Conservation this morning we reviewed the plan for the development of
the new Silver park at the Mill Site. Nothing really new from past Millsite
presentations I have seen. There will be some loop trails and a central
patio type structure. There was some discussion about reducing the amount of
turf grass and incorporating native grasses and other low water plantings
where appropriate.
The plan is still to put in the parking lot near the stadium and complete
the connection to California street this summer for sure. MRA is also
looking at putting the whole park out to bid to see how it comes back. If the
stars align they may just go ahead and build the whole thing this year.
In PAZ we heard a presentation about historic preservation from Jennifer
Buddenborg of the National Trust for Historic Preservation. The gist was
that historic preservation makes a place unique and desirable. It is green and
sustainable. It creates jobs, increases tourism, and is good for the
economy. Our next item was to consider sending the new historic preservation
ordinance to the planning board. This is an amendment to the zoning code to
incorporate an extra review process to protect historic assets. This came
before us a while ago but it had too many problems to move forward. The
current version is much closer to something that could be adopted so we did
vote to send it on.
The basic idea is that there will be an inventory maintained of all
historic assets. These are properties that are on the historic register, qualify
to be on the register, or are contributing properties to an historic
district. Currently there are about 3500 such properties identified in Missoula.
In order to get a building permit to do anything to the exterior of one of
these properties there will be an extra step where the preservation
officer will need to review the application to confirm that the project is
appropriate. Some projects will be able to be confirmed by the preservation
officer, some will need to go to the preservation commission. Approval will be
based upon a number of factors including design standards to be developed
for each historic district. It will be very interesting to see how this
progresses through planning board.
After lunch we reconvened for A&F. We looked at a project being put
together by the Rocky Mountain Development Group to purchase the old Missoula
Athletic Club. The MAC went under a couple of years ago. The property has
since been foreclosed on by the banks. Fortunately this qualifies the property
for the Neighborhood Stabilization Program (NSP). The NSP is the piece
of the bailout funding that went to help foreclosed homeowners. There are
the traditional set of strange rules and hoops to jump through but in the end
Montana gets about $19 million. Rick Wishcamper and his partner Mike are
the local experts on how to put together for profit real estate deals with
the government’s money. For this project they are requesting $5 million in
NSP money plus an additional $400,000 or so from another federal pot. That
covers about half the cost of the $10 million dollar project. The other half
also comes from the feds from some kind of HUD loan program. They are
going to build a 115 unit complex on the 3.5 acre site and rent the units to
folks who are at 80% area median income. The way the rules all work out that
means they could rent a two bedroom apartment for $722 including utilities.
It sounds like a pretty sweet deal for the developer but I guess that’s
what public private partnerships are all about. The feds are dumping all
kinds of money into getting properties out of foreclosure and creating
affordable housing. That’s exactly what these guys are doing.
As a side note, Renee voiced concern about the hazards of putting 115 low
income households all in the same place. She thought it was ironic that the
funds were for neighborhood stabilization when this many poor people in
the same place was likely to destabilize the neighborhood. She appeared to be
having trouble finding the right word to describe the element that would
live in such housing. Jason pointed out that he himself was the element
since he easily qualified. Stacy also noted that her family purchased their
home through assistance programs from HomeWord. Renee conceded that it was
likely she herself may fit into the 80% AMI category.
The discussion reinforces the point that most folks can’t afford housing
in this town. I imagine that just about everyone on council would be hard
pressed to purchase a home in today’s market if they didn’t already have
equity. This was the point of the video the Mayor’s office put out last year.
To show that the folks who need assistance in housing are not destitute and
impoverished, but are just like you and me. So no reason to be fearful of “
affordable” homes in your neighborhood.
We voted to authorize the mayor to send the application on to the state to
compete for the NSP funds.
In public Works we set the public hearing to establish SID 544 to install
sewer lines in a chunk of the middle rattlesnake. Will Snodgrass was there
and made much fuss about the legality of the whole process and again
challenged the integrity of Steve King and Bruce Bender. He seems quite certain
that these two are pulling off some kind of nefarious scam against the
people of Missoula. If I understand him right, his complaint is that we should
not be using federal funds to install the sewer unless we have first fully
evaluated alternative methods of disposal. I take it he thinks the
alternative methods are superior and we haven’t given them due consideration.
Once we were full on into the bored and sleepy part of the day we took up
the budget again. Still not really a whole lot going on there. Everyone has
cut back on all sorts of stuff. The administration has come up with a
scheme to fund what’s left. We’re not really in a position to argue whether
some department’s office supply budget is appropriate. I’m sure there is
always a little more we could squeeze out of the departments but sitting on
council all we know is what they tell us. If they are asking for new money
we can debate whether we think the new thing is worthy of the taxpayers
money. But this year they were all requested to find 3% to cut from their
budgets. They are presenting us with the list of how they have tightened up to
get there. So far these lists appear well thought through and I haven’t
seen much to challenge.
Thanks for your interest,
Bob Jaffe
Missoula City Council, Ward 3
1225 South 2nd West
Missoula, MT 59801
(406) 728-1052


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