Commission creates RSID 8499 to pave El Toro Lane despite recorded protests

The Missoula County Board of Commissioners voted to create Rural Special Improvement District (RSID) 8499 to pave and otherwise improve El Toro Lane.

County staff summarized background from an earlier September hearing and said two mailed protests had been received during the statutorily required protest period; at the hearing additional property owners registered protests bringing the number of protesting properties to three of the 25 lots proposed for assessment. Staff laid out project estimates: total improvements estimated at $534,102 with $247,650 proposed to be financed by the 25 affected property owners and the remainder—about $286,452—expected to come from in-kind contributions of county labor and equipment and other available funds.

Staff explained the proposed assessment method would divide the $247,650 equally among the 25 lots, producing a principal per-lot assessment of $9,906 before interest. Commissioners and staff clarified the protest threshold under state law may be measured either by number of property owners or by dollar share of assessments; in this proposal costs were equal-per-lot. Public Works Director Jason Mitchell said if the county accepts improvements meeting county standards, the county would assume maintenance of the road, include it on the county snowplow route, and perform chip-seal work in the following year. “Once [residents] bring a road up to county standards, once they do that, we will take over the maintenance of that road,” Mitchell said.

Several residents opposed the RSID, citing inadequate notice, the additional tax burden, preservation of rural character, long-term maintenance questions, and mail delivery concerns; Dustin Miller asked commissioners to reject the RSID. Other residents, including Mia Whitfield and Kimberly Roth, supported the improvement, describing long-standing wear and tear, delivery and school transportation problems, and prior private maintenance by neighbors. Kevin Heisler, a property owner who supported the petition, noted neighbors had worked together on the effort.

County staff confirmed that protests received prior to the hearing (two mailed protests) were valid and that additional protests presented at the hearing were accepted and recorded. Commissioners found the number and dollar-share of protests insufficient to block formation of the RSID under statute and proceeded to adopt the resolution creating RSID 8499. The chair called for the motion, it was seconded, and the board voted in favor.

Estimated per-lot financial details presented at the hearing: $247,650 financed over 20 years equals a principal share of $9,906 per lot; staff and a commissioner computed that dividing $9,906 by 20 yields about $495 per year (excluding interest) or roughly $41 per month (excluding interest). The transcript records residents’ concerns about notice methods and long-term costs; the county accepted the oral protests offered during the hearing and recorded them alongside the prior mailed protests.

Materials including the resolution of intention, published notice and mailed notices, the cost estimate and protest letters are in the county’s public record for the petition.