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