Archived Story

Council to discuss Hillview tax
By KEILA SZPALLER of the Missoulian

Plans for a new Hillview Way are simple. They reflect the desires of neighbors who use it. And landowners who would be assessed a lot of money can defer payments.

That's the argument city officials make for approving a special improvement district to rebuild Hillview Way. They want to see reconstruction finally under way on the steep road that twists up Missoula's South Hills.

Neighbors want to see the dangerous road rebuilt, too, but lately some have said their costs will be too burdensome. They have asked the city to pare down the plans to bare minimums, but there's not much to cut out of the project anymore, according to Public Works director Steve King.

“We think this is basically a utilitarian project to fix what's broken,” King said.

At its regular meeting at 7 p.m. Monday, the Missoula City Council will hear comments from the public on the special tax.

King said the $3.3 million project was designed after collaboration with residents. The plans, he said, generally reflect the will of the people who will pay for the fixes, and who have been asking for them for a long time.

“We asked them what Š they want in a road project. They said this is the road that they wanted,” King said.

Some users agree the project is lean and without frills or fat.

Jeff Stevens lives within the boundary of the proposed tax district and said he is disappointed that one amenity - an underpass - was cut out of the plan.

“I think the project covers the bare necessities to make this a good Š upgraded road,” Stevens said.

“It's minimal. And he (King) did address several of the things that people asked for,” said Joe Gorsh, who also lives in the district and attended most if not all of the related meetings.

As planned, the project includes a new road, bike lanes, a sidewalk on one side and a partial sidewalk on another side where developments exist. King said a number of features in early plans are no longer part of the project because of neighbors' requests during public meetings. He mentioned lighting, a guardrail and a middle turn lane. The underpass at Moose Canyon Gulley was nixed as well.

Some wanted the bike lanes cut, but city officials say they don't add much to the cost, serve as a shoulder and are wanted by most folks.

Neighbors, in fact, asked to augment the project in one regard, so a complicated triangle intersection near Chief Charlo Elementary School will be simplified if the district is approved.

The problem for some South Hills residents - though not by any means all - is the cost. Stevens said his assessment is reasonable, and he would be willing to see an increase in his bill if it would alleviate the burden on some of the others.

“These people are facing some very daunting assessments. I know some of them are going to be hard put to pay them,” he said.

Several council members have said they have been working hard to make the assessments as equitable as possible for landowners, even those with a lot of property. King said people who live near the bottom of the hill along Polaris, Black Pine, Bannack, and Simons, for example, pay only for the portion of Hillview Way that they use.

“It's an expensive project. And for the most part, the vast majority of people are seeing assessments of $2,000 and $3,000. That's the most common experience for people up there,” said Ward 3 Councilman Bob Jaffe.

Last week, city officials presented council with a draft proposal to defer the largest payments for people who don't intend to develop their land. The proposal and resolution for the special tax won't likely be approved or denied Monday, though, as council members want to iron out details.

“We're trying to find a way that we can buy into this,” said Ward 4 Councilman Jerry Ballas. But he said the high costs on some homeowners made it difficult.

Jaffe said the idea of a deferment is fair, but some kinks need to be worked out with the current draft. For example, as written, the deferment gives council the power to call in payments at any time for any reason.

“That doesn't seem right,” Jaffe said.

Currently, a sale triggers repayment. Jaffe said he wants to allow deferment plans to be passed on to future landowners if they, too, do not develop. He said an heir might buy the land and intend to keep it open.

The deferment is supposed to help people who have a lot of land and a high assessment, but no intention of developing the land. Public Works director King pointed out that one of the vocal opponents of the tax had been part-owner of land now developed and adjacent to property she currently owns.

Linda Frey maintains she has no plans to develop. She said that she, her former husband and another couple together bought property up on the hill.

“They wanted to develop it and so did he. I did not, nor will I develop this,” Frey said.

She said she did not make money from the previous development. However, if an emergency arises and she needs to sell, she doesn't want to be penalized for not having built out the land. She would pay $65,000 plus interest. And Frey said if she intended to develop, she already would have.

“This is crippling. This is like saying, ‘Your house or your money,' ” Frey said.

Gorsh said the state allows cities to use various formulas to calculate such payments. The city, he said, chose one that would result in many people paying lower and more reasonable assessments, and a slim minority being hit harder.

“It's a matter of keeping a greater number of people happy and not getting the road protested,” Gorsh said. “I have to say it's good politics, even though I don't like the choice that was made.”

Stevens said it puts a lot of pressure on a few. Just because people have a lot of land doesn't mean they're wealthy, he said. To pay the tax, some might have to offer up for development the land they had chosen to keep as “open space,” and Stevens said that's an unintended consequence.

But if costs go down for the property owners who own a lot of land, they'll go up for others. And he wants council to move ahead before everyone's costs go up even more.

“This project has been a long time in the planning and costs keep going up, practically on a monthly basis,” said Stevens. “For that reason alone, I think it's really important to get going on the project as soon as possible.”


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