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11. Authorization to Refund Special Maintenance Assessment - PetersThe City of Kalispell Incorporated 1892 Office of the City Attorney Glen Neier, City Attorney Richard Hickel, Asst. City Attorney REPORT TO: Mayor and City Council FROM: Glen Neier, City Attorney Chris Kukulski, City Manager P.O. Box 1997 Kalispell MT 59903-1997 Telephone: (406) 758-7708 Fax (406) 758-7771 SUBJECT: Peters' Storm Sewer and Maintenance Assessments MEETING DATE: May 17, 1999 BACKGROUND: The Council will recall that Robert and Carlene Peters have requested relief from City assessments for street maintenance and storm sewer. Peters own a tract of land in the Northeast corner of the City, approximately 4 acres in size, which is primarily used for pasture and is occupied by only one residence. Fred Zavodny, Doug Conners and myself have discussed Peters' plight and we believe an adjustment to both charges to be in order. The Peters property does not generate storm water run off in any large amount and the property is not served by storm sewer. Grandview Drive does border the property for several hundred feet, but the Peters do not generate any more traffic that an average lot within the City. Therefore, we believe the Maintenance and Storm Sewer Assessments for the Peters property should not exceed that paid by an average 10,000 square foot lot in the City. In 1998 an occupied 10,000 square foot lot in the City paid approximately $45.00 in street assessments and $28.00 in storm assessments. Peters paid $886.00 and $271.00 in 1998 and 1997; and $980.00 and $299.00 in 1996 in respective charges. The City Storm Sewer Ordinance and the Special Street Maintenance Ordinance both have mechanisms allowing the Council to grant adjustments to the charges in cases where circumstances justify the change. This office recommends reducing the Peters' storm sewer and maintenance assessments to the level of that paid by a 10,000 H:\att\wp\peters memo.wpd 1 square foot lot, occupied by a residence, within the City. The reduction in assessments would be in effect only so long as the property owned by the Peters remained undeveloped and used only for open space or pasture. Likewise, the Peters assessments for fiscal years 1996, 1997 and 1998 should be refunded in the following amounts: REFUND DUE PETERS Fiscal Year 1996 Street Maintenance Assessment 980 Average 10,000 sq.ft. Lot w/1 City 45 935 Storm Sewer Assessment 299 Average 10,000 sq.ft. Lot w/I City 28 271 Refund Due 1996 1206 Fiscal Year 1997 Street Maintenance Assessment 886 Average 10,000 sq.ft. Lot w/I City 45 841 Storm Sewer Assessment 271 Average 10,000 sq.ft. Lot w/I City 28 243 Refund Due 1997 1084 Fiscal Year 1996 Street Maintenance Assessment 886 Average 10,000 sq.ft. Lot w/I City 45 Storm Sewer Assessment 271 Average 10,000 sq.ft. Lot w/I City 28 Total Refund Due to Peters 841 243 1084 3374 RECOMMENDATION: This office recommends processing a claim for the Peters in the amount of $3374.00 refunding previously paid storm and street assessments with the May 17, 1999 claims. If the Council approves the adjustment the Finance Department can promptly remit the amount to Peters. The P.D. person in charge of said assessments should also be directed to adjust the Peters' assessment for future years. H:\att\wp\peters memo.wpd 2 FISCAL EFFECTS: Obviously, adjustment of the Peters' storm sewer and maintenance assessment will result in a loss to the respective districts in the amounts noted in the memo. However, such an adjustment will not significantly impact said funds. ALTERNATIVES: As suggested by the city council. G,e�: e C. y Attyrney Report compiled: May 7, 1999 H:\att\wp\peters memo.wpd 3 Chris A. Kukulski City Manager