The Boulder Planning Board meeting, which was supposed to be focused on accepting public comment on two draft planning documents, got off to a rough start August 6 when Mayor Rusty Giulio informed the board that some of the members, including board chair Saundra Lowry, would be replaced.
Giulio cited a district court ruling that involved the city, the county and himself on behalf of his business interests. The court, he said, determined that the city has no authority to extend planning outside of the city limits. Planning board members must both live in the city and own property within city limits, he said.
That means some of the board members, including Lowry, who lives in the city but does not own property, can no longer serve, said Giulio.
When Lowry questioned the situation, Giulio said, “There’s no discussion on it. That’s the way we’re going to do it.”
Giulio owns about 36 acres of property adjoining the city limits on which he has a shop building and heavy trucking/construction equipment. He faced a suit from one area couple who complained the equipment and items on the property were unsightly and should not be allowed within a one mile buffer zone around the city in an area zoned residential.
He maintains the city should not be able to tell him what he can do with that land because it is outside the city limits.
The city Board of Adjustment approved Giulio’s usage and the district court subsequently issued its ruling about the extent of city authority.
Giulio told Lowry if the planning board could get a differing legal opinion, then the matter could be reconsidered.
“I think you have done a good job and I would like to see you continue,” he said, “but we have to dot all the i’s and cross all the t’s.”
Matthew Rohrbach, a representative of Land Solutions, the firm hired to assist with the city’s growth policy update and downtown master plan, suggested the planning board seek an opinion from the Montana League of Cities and Towns on the issue.
Lowry said she was going to continue to serve on the planning board in the meantime and other board members agreed.
