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HomeMy WebLinkAbout05-03-99 SM CITY OF LAKEVILLE SPECIAL- COUNCIL MEETING BOARD OF REVIEW MAY 3, 1999 Mayor Zaun called the reconvened meeting of the Lakeville Board of Review to order at 6:00 p.m. Roll call was taken. Present: Council Members Ryan, Sindt, Mulvihill, Luick and Mayor Zaun. Also present: R. Knutson, City Attorney; B. Erickson, City Administrator; D. Feller, Finance Director; C. Friedges, City Clerk. Mr. Bill Peterson, Dakota County Assessor, provided a list of 1999 Lakeville Board of Review Attendees, Changes in Market Value as Recommended by the Dakota County Assessor dated 5/3/99, Properties Reviewed per Attendance at the Local Board of Review but No Changes Made dated 5/3/99 and Reviews Pending as of 5/3/99. 99.84 Motion was made by Sindt, seconded by Mulvihill to adopt the Changes in Market Value as Recommended by the Dakota County Assessor dated 5/3/99 and the Properties Reviewed per Attendance at the Local Board of Review but No Changes Made dated 5/3/99. John and Marilyn Raplinger addressed the Board of'Review, appealing the assessed market value and the withdrawal of the Green Acres classification on their property located at 11897 West 210t" Street. (See letter dated May 3, 1999 on file in the City Clerk's office) Mr. Peterson explained that it has been several years since parcels were validated for Green Acres classification. Previously,. if a property met the minimum requirements, it was classified as Green Acres. However, due to a recent court decision, the Assessor's Office has been reviewing all agricultural property throughout the county over the past few years. He explained that they are required to look at and consider the primary use of the property when determining Green Acres status. If the primary use of the property is not agricultural, the property cannot be classified as Green Acres. He stated there were several properties in Lakeville that were removed from Green Acres status this year. Regarding the excessive market value increase on the Raplinger property, Mr. Peterson explained that due to an oversight by the Assessor's Office, the valuation of the structures on their property had been frozen for over 10 years. As a result, the Raplingers saved a great deal of money by the assessors not S increasing the building values for that period of time. He apologized for the CITY OF LAKEVILLE SPECIAL COUNCIL MEETING MAY 3, 1999 PAGE 2 oversight, but stated that his office is obligated to bring the market value up to an appropriate level. Ms. Teresa Mitchell, appraiser with the Assessor's Office, explained that the first consideration that needs to be given in determining classification is the primary use of the parcel. If the primary use of the property is agricultural, then several requirements must be met to qualify for Green Acres. Upon review of the Raplinger property, the appraisers deemed that the use of the property for 30 to 40 beehives was neither the primary use nor an intensive use of this property, which is necessary to be considered for agricultural classification. That being determined, the property classification was split classed as primarily a residential home site with consideration given to the acreage used in conjunction with the beehives, which was classed accordingly as agricultural Mayor Zaun asked if the Green Acres classification, once removed from a property, could be re-established at a future date. Ms. Mitchell stated the property could be re-evaluated if the intensity of the agricultural use changes. Council members felt that the property owners should have been notified prior • to removal of the Green Acres classification from their property. Council Member Mulvihill asked if any consideration should be given to past precedence. Mr. Peterson stated there has been legislation proposed that would more adequately define agricultural property. He further stated there was legislation implemented that waived the back taxes between the low Green Acres value and the high value in an effort to somewhat ease the burden for the property owners. He stated the assessor's job is to apply the law in the way that the courts have determined the intent of the law to be. Mr. Erickson suggested allowing the classification of the Raplinger property to remain on Green Acres for one year, subject to the outcome of pending legislation that would clarify Green Acre requirements, and to allow the Assessor's Office an opportunity to ensure consistency for all Green Acre properties in the county. He also recommended that the City Attorney meet with the Dakota County Assessor's Office regarding this process. Mr. Peterson stated he believes that the Board of Review has the authority to determine that the primary use of the property is agricultural; however, he felt that the Board of Review does not have the authority to direct the property to be classified as Green Acres. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING MAY 3, 1999 PAGE 3 • 99.85 Motion was made by Mulvihill, seconded by Sindt to direct the County Assessor's Office to leave the classification of the Raplinger property (PID No. 22-02600-010-80) as Green Acres for one more year, subject to the outcome of pending legislation, and allowing time for a thorough review of Green Acres property throughout Dakota County. Roll call was taken on the motion. Ayes, Zaun, Sindt, Mulvihill, Luick, Ryan. 99.86 Motion was made by Sindt, seconded by Mulvihill to receive the recommendations of the Dakota County Assessor's Office for Reviews Pending as of 513/99 on Parcels No. 22-41750-040-01, 22-44330-030-02 and 22-53702-130-01. Roll call was taken on the motion. Ayes, Sindt, Mulvihill, Luick, Ryan, Zaun. Mayor Zaun adjourned the meeting at 6:40 p.m. Respectfully submitted, • Charlene Friedges, City CI rk Duan Zaun, Mayor