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
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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.
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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
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Chris A. Kukulski
City Manager