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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