3. Stahlberg Petition to Reduce City AssessmentsCity Attorney
Charles A. Ha1a11
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Stahlberg Petition to Reduce City Assessments
MEETING DATE: October 21, 2002 Study Session
TJ 406.758.7708
Fax 406.758.7771
charbaU@kaligpeB.com
BACKGROUND: Mr. Gerry Stahlberg owns approximately seven acres of commercial property
[Northwest Machinery] at 740 West Railroad Street in the City of Kalispell. Over the years he has
been paying the full city assessments for this property which include storm water, streets and
lighting. Mr. Stahlberg is asking the City to consider the fact that five of his seven acres are
encumbered by a Burlington Northern easement which effectively renders those acres useless for his
commercial purposes. The City bases its assessments on the square footage of property. The
rationales for this formula are varied. It may be that 1) the size of the property is reasonably
proportional to its value and that properties of greater value should be paying greater assessments
or 2) that the properties of greater size receive more value of city services [streets or lighting] or 3)
that properties of greater size may be a greater burden on the city services [storm water]. At least
as to rationales 1 and 2, Mr. Stahlberg would argue that the railroad easements significantly
diminishes the value of his property and that because of the constraints placed on his property by the
tracks, his access to city streets and lighting is significantly diminished. As to rationale No. 3, the
City currently pays a lease fee of $1,600 per year to Burlington Northern for the benefit of storm
drain placement within its leasehold (including its easement on Mr. Stahlberg's property). Mr.
Stahlberg does not receive any such payment.
RECOMMENDATION: The Council should consider and discuss whether or not this request for
relief should be placed on an agenda for Council action.
Respectfully submitted,
Charles Harball, ty Attomey
Chris Kukulski, City Manager