2. Resolution 4912 - Policy Requiring SID Waivers for Road ImprovementsCity of Kalispell
Charles A. Barball Office of City Attorney Tel 406.758.7708
City Attorney 312 First Avenue East Fax 406.758.7771
P.O. Box 1997 charball@kalispell.com
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Resolution 4912 to Adopt a Policy to Require Waiver of
Protest to Establishment of Roadway SID on All
Preliminary Plats
MEETING DATE: Monday, July 19, 2004 — Council Meeting
BACKGROUND: Council has discussed the various methods of financing the
upgrade, construction and maintenance of city streets and roadways over the past
few workshops. One of the methods of financing discussed was the establishment of
a Roadway Special Improvement District. While this method is not always the most
desirable or easy to sell to the landowner and taxpayer, Council seemed to concur
that it was a method to consider using in conjunction with other methods of
financing. Council also seemed to recognize the significance of having a waiver to
protest the establishment of a Roadway SID on file prior to the construction of new
housing units that add traffic to a roadway.
At the last meeting, Council agreed to require the landowner and applicant
for the Bowser Creek development to meet the condition of filing a waiver of protest
to the establishment of a Roadway SID and to have said waiver displayed on the
face of the preliminary plat. Council thereafter discussed the prudence of making
such condition a policy for all new preliminary plats and thereby ensuring that the
SID waivers would not devalue or make such parcels less desirable than others on
the market.
RECOMMENDATION: That Council consider making it the policy of the City that
all new preliminary plats contain a waiver of protest to the establishment of a
Roadway Special Improvement District.
Roadway SID Memo to Council
July 14, 2004
Page - 2
FISCAL EFFECTS: Although Roadway SIDs have always been a financing tool
for the City, it has been rarely used because of the difficulty of obtaining the
neighborhood cooperation in its establishment. This policy should have the effect of
creating more opportunities for the City to consider utilizing the Roadway SID as
an additional financing method for the upgrade, construction and maintenance of
its roadways.
Respectfully submitted,
Charles Harball City Attorney
Chris Kukulski, City Manager
Office of City Attorney
City of Kalispell
RESOLUTION NO. 4912
A RESOLUTION TO ADOPT THE POLICY FOR THE CITY OF KALISPELL THAT A
CONDITION SHALL BE PLACED ON ALL NEW PRELIMINARY PLATS THAT REQUIRES
THE LANDOWNER TO FILE A WAIVER OF PROTEST TO THE ESTABLISHMENT OF A
ROAD IMPROVEMENT SPECIAL IMPROVEMENT DISTRICT WITH SAID WAIVER
DISPLAYED UPON THE FACE OF THE PRELIMINARY PLAT.
WHEREAS, because of the rate of growth in the Flathead Valley, the City of Kalispell is confronted with
the challenging task to maintain its increasing system of streets and roadways to an
acceptable condition; and
WHEREAS, the City of Kalispell is limited in the methods it can utilize to fund the upgrade, construction
and maintenance of its streets and roadways; and
WHEREAS, it is the desire of the City Council and it is in the best interests of the citizens of the City of
Kalispell that various methods of funding be utilized to upgrade, construct and adequately
maintain its streets and roadways; and
WHEREAS, placing a condition on all new preliminary plats requiring the landowner to file a waiver of
protest to the establishment of a Road Improvement SID creates the opportunity for the
establishment of a road improvement Special Improvement District in the future, providing
another method for financing the upgrade, construction and maintenance of streets and
roadways which may be utilized in conjunction with other methods of financing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. It shall be the policy of the City of Kalispell to place a condition on all new
preliminary plats that requires the landowner to file a waiver of protest to the
establishment of a road improvement special improvement district with said waiver
displayed upon the face of the preliminary plat.
SECTION IL This policy shall become effective immediately and shall apply to all applications
for preliminary plats filed hereafter.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL, THIS I9`h DAY OF JULY, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk