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Requests for Assessment AbatementClity of Kalispell os! Osficz Box 997 - Kanspell, `, omana 59903-1997 - Telephone t406}758- 77 0 Fix'406)758-775 REPORT TO: Mayor Kennedy and City Council Members FROM: Amy Robertson, Finance Director James Patrick, City Manager SUBJECT: Request for abatement of City Specials MEETING DATE: April 4, 2005 BACKGROUND: Two requests for relief from City Specials have been received by the Finance office. Howard Stockwell owns a parcel of property which includes the alley and a portion of California Street. A map of the property is provided along with a memo from Fred Zavodney in Public Works with his recommendation. He is requesting a refund for 33 years. Mr. Stockwell has talked to public works several times over the years, this is his first formal request to Council that 1 know of. Mr. Dick Brady is requesting relief from City assessments on his residential lot which has been determined to be in the flood plain and is unbuildable. Photos will be provided at the work session of the property — covered by water. The tax bill has $2 in real estate tax and $553 in specials —see tax notice. This lot is adjacent to the residential lot which he lives on and pays special assessments on. He is requesting a rebate for 4 years. He first started this process with the previous city attorney in 2001. The previous Council's policy is to review these on an individual basis. Past practice -we have gone back 10 years, however, recent practice has been three years. Both these property owners are paying assessment on their residences which are adjacent to these properties. RECOMMENDATION: As directed by Council. FISCAL EFFECTS: Stockwell approximately $ 133 per year; Brady approximately $553 per year. Amy H. Robertson Finance Director Report compiled: March 31, 2005 es H. Patrick City Manager November 10, 2004 To: Amy Robertson, Finance Director From: Fred Zavodny, Project Manager Re: Stockwell request for exemption from City Special Assessments Mr. Toward Stockwell has requested an exemption from city special assessments on a vacant parcel of land that he owns in the vicinity of Fifth Ave WIC and Colorado Street. It is a small irregular shaped parcel of land that is too small to build on. Currently the annual city special assessments amount to $133.32. The property has a city sewer main, a solid waste container site, an extension of Sixth Alley WN and a portion of Colorado Street on it. Mr. Stockwell feels that the extent of these public encumbrances are valid justification for an exemption from city special assessments. The attached map illustrates the relationship of the encumbrances to the property. Recommendation: I believe that the extent of the public encumbrances on this property justify an exemption from city special assessments. It may be in the best interest of bath Mr. Stockwell and the City to enter into negotiations to transfer ownership of this parcel of land to the City. The City has utilized this property for public purposes for approximately 50 years and has unquestionably established a prescriptive or implied right of perpetual usage. RECEIVED Z-n F, 0 PM ol KAUSPELL CITY CLERK to-e- el� 57 zrz_-� is A'o 42t Ct� of ----------------------------------------------------------------------------------------------- 75 0929945 1M STOCKWELL HOWARD A & BETTY 4M 874 5tH AVE NN 50 FND 0000 0000 SE 00 HEADER RECORD TRAY FRFT .00 SQFT KALISPELL 8,172 MT 599013512 50 FND 281 72;8 LIGHTING 3 E 00 KAL LI H ING 50 TRAY 047 50 FND�; 00 KAL STORM SEWER TRAY 047 50 END 9248 7850 SE 00 KAL URBAN FOREST DST TRAY so END 9249 7850 SE 00 KAL SPEC MAINT DISTI TRAY 1 TR 8ANAF IN SE4.14 72821 71 22010 CITY/TOWN LOTS 18 123 X 3.3000 4.05 07396607212070000 f Property Mrket Value Type Of Taxable Value e., Estate 123 No Buildings Assessed 4.05 Totals 123 4,05 Breakdown of Consolidated LevK,an d Tax - 100 CONSOLIDATED .066808 300 GENERAL SCHOOLS .100760 .27 .41 200 STATE - UNIVPRqTT7 400 STATE - SCHOOL AID 006000 .040000 02 .3.6 1000 FLAT VAL COM COLLEGE .011140 4300 KCAL CITY ELEM 75 .147310 .05 .60 600 FLATHEAD HIGH SCHOOL 9028 SHERIFF .077810 .029170 .32 12 9029 COUNTY HEALTH INS .002711 01 9030 NOXIOUS WEEDS .001833 .01 9052 BOARD OF HEALTH .005000 CITY .02 9065 KALISPELL MOSQUITO .000520 .00 9170 KALISPELL .142000 .58 9177 KAL HEALTH INS .013000 .05 Total Consolidated Levy and Tax (Total Taxable Value X .646062) 2.62 Special Taxes or Fees let Installment 204 KAL LIGHTING 50 .000000 12.26 9205 KAL STORM SEWER .000000 7.452 E FOREST DST 000000 9248 KAL URBAN FORE 5.52 9249 KAL SPEC MAINT DISTI .000000 41.27 b3ec3-aj. •rax s or Fees end instai-imenu, 204 KAL LIGHTING 50 .000000 12.26 9205 FAL STORM SEWER OOOOOD 7.451 9248 KAL URBAN FOREST DST .000000 5�51 9249 KAL SPEC MAINT DISTI .000000 41.27 Total Special Taxes or Fees. . . . . . . . . . 12.132 Total Consolidated Tax and Special Taxes or Fees . . . . . . . . . . . . . . . . . 135.94 First installment due 11/30/04 . . . . .. .. . . 67.9B Second installment due 5/31705 . . . .. .. .. 67.96 --------------------------- --------------------------------------------- -------------------- ------------------------------ 135.94 200443098 Dick Brady 1983 Bluestone Kalispell, MT 59901 Amy Robertson, Finance Director City of Kalispell 312 1 st Ave East Kalispell, IVIT 59901 Re: Lot 67-South Meadows I own a vacant lot in South Meadows Subdivision (Lot 67). The lot was reclassified by the County Assessor to be non -buildable. The property is in the flood plan and has been completely underwater for two to the four years that I have owned the lot, The City is charging me City Specials at $553.70 per year. Since I cannot build on the lot and it is in the flood plan I am requesting the City drop the City specials and that I be refunded the money paid by me since 2001. Glen Meier the former City Attorney was in the process of doing that in 2001; but never competed the task. The developer (Dennis Carver) also had an agreement with the City that the lots would only be taxed after they were developed- Lot 67 can never be developed and should not be assess City Specials. I have included documentation and photos for your review. Sincerely, r'111 )2>,A,_,C� PROPERTY SUBJECT TO TAXATION 07/15/2003 ASSESSMENTCODE: 0000975993 FLATHEAD COUNTY SCHOOL DISTRICT: 75 MILL LEVY: 604.835 nge comparison and reflect legislative value mitigation due to valuation phase4n, homesteadjeomstead exemption, and tax rate fR) identifies the property as having new construction or- destruction. Also, please review the "IMPORTANT INFORMATION" Return this portion with SECOND INSTALLMENT payment by 05/31/05. Assessor No. 0975993 Sch. Dist. 75 Tax Bill No. 200444155 Property Description Below Mailing address as of 09/20/04 Tax RICHARD J & MARILYN BRADY 1983 BLUESTONE KALISPELL MT 59901 56425 2004 Real Estate 282.11 Penalty........... Interest......... Total............ P R O P E R T Y T A X E S. D U E 6080 2004 REAL ESTATE TAXES Patty Arnold, Flathead County Treasurer Tax Bill # 200444155 Mailing: 800 S Main St, Kalispell MT 59902 School District 75 Location: 935 1st Ave W, Kalispell MT ��AltsY�er Phone: (406) 758--5680 Geocode 07396619118010000 Parties with Ownership Interest - AS OF 1/1/04 - SEE REVERSE FOR. ADD`L INFORMATION >> Owner of Record ...... BRADY, RICHARD J & MARILYN Address..............1963 BLUE'STONE KALISPELL MT 59901 Sn Tn Rn Property Description Lot; Block 19 28 21 SOUTH MEADOWS L 64,65,66,67 AMD 67 Type of Property Market Value Taxab value Real Estate 651 21.48 No Buildings Assessed ------------- Totals 651 651 21.48 SUMMARY OF TAXES, LEVIES & FEES (Items marked with * are paid in the First Installment only) COUNTY 068808 1.48 SHERIFF .029170 .63 COUNTY HEALTH ISMS .002711 .06 NOXIOUS WEEDS .001833 .04 BOARD OF HEALTH .005000 .11 SUB -TOTAL - Taxes For County Functions... .107522 2.32 STATE - UNIVERSITY .006000 .13 GENERAL SCHOOLS .100760 2.16 STATE - SCHOOL AID -040000 .86 FLAT VAL COM COLLEGE .011140 .24 FLATHEAD HIGH SCHOOL .077810 1.67 KAL CITY ELEM 75 -147310 3.16 SUB -TOTAL - Taxes For Education.......... .383020 8.22 KALISPELL CITY .142000 3.05 KAL HEALTH INS .013000 .28 KAL STORM SEWER 77.05 KAL URBAN FOREST DST 55.81 KAL SPEC MAIN'T' DIST1 417.51 SUB -TOTAL - Taxes For City Functions..... .155000 553.70 KALISPELL MOSQUITO .000520 .01 SUBTOTAL -- Other Taxes And Fees......... .000520 .01 Total Mills Levied 646062 Total Taxes and Pees . . . . . . . . . 564.25 First installment due 11/30/04. . . . . . . . . . . . . . . . . . 282.14 Second installment due 5/31/05. . . . . . . . . . . . . . . . 262.11 One mill in Flathead County equals $157165. Receipt returned only upon request.