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HomeMy WebLinkAbout04-09-90 .CITY OF LAKEVILLE SPECIAL COUNCIL MEETING APRIL 9, 1990 The meeting was called to order at 7:00 ` p.m. by Mayor pro tem, .Betty: Sindt. The pledge of allegiance to the flag was given. Roll call was taken. Present:. Councilmembers Ruhmann, Sindt, Mulvihill and. Harvey. Absent: Mayor Zaun. Also present: B. Erickson,. City Administrator; R. Knutson, City Attorney; J. Robinette, Community Development Director; D. Feller, Finance :Director;. C. Friedges, City Clerk. BOARD OF REVIEW Marvin Pulju, .Dakota County Assessor, and Bill Peterson, Resident Manager for the Assessor's Office, ".provided. the Council and citizens. present an overview of the valuation procedures and process. They explained. that. market' values for most residential properties .were. generated using a ,computerized appraisal system. This new computerized mass appraisal .system (CAMA) was purchased by Dakota ' County in early 1988, and the assessor's staff have been transferring. the appraisal data/characteristics into the computer during .the past year and a half. .Building characteristics of each • house were entered into the computer system, i.e. size, year .built, effective year built, exterior walls, number of bedrooms and baths, type of heat, air .conditioning' and several other characteristics. Mr. Peterson pointed out that over. 10,000 sales.. were analyzed to determine what properties are selling for. For. the 1990 assessment, the law requires sales taking place between October ' 1, 1988 and September 30, 1989 only,. be considered and used as the basis for the 1990 assessment.. He further stated that the assessed value arrived at by the County assessors must, by law, be somewhere between 90 % and 100 0 of market value. The County's ultimate goal is to achieve market value. Mr. Peterson...explained that .changes in market value .fore the 1990 assessment, taxes payable in 1991,. varied from- large increases on some properties. to reductions in value on <other properties. By using. the CAMA system to generate values, a greater degree of equalization of like. properties has resulted. Adjustments have been made to recognize market: differences between communities. by using a neighborhood factor. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING APRIL 9, 1990 PAGE 2 Mr. Pulju .explained that due to the large number of values being changed. as a result of using the new CAMA system, the Assessor's Office conducted informal, open book, meetings over a 10 day period in March. All property owners were invited to attend one of those meetings to discuss their new valuation with appraisal staff. Approximately 159 Lakeville residents attended .these meetings. The assessor's. staff has reviewed most of those properties, and will have all reviews completed within the next 20 days. Mr. Pulju went on -to state that the responsibility of the local Board of Review is to determine whether the taxable property in the city has been. properly valued by the assessor. The Board of .Review may reduce` assessments upon petition of the tax payer, but the total reductions must not reduce the aggregate assessment made by the County Assessor by more than one percent. The Board of Review must complete its work and adjourn within 20 days from the time of convening. Mr, Erickson asked Mr. Pulju if his staff conducted a comparative analysis of sales in the Clay's Acres area against the recommended market .values, as several residents had contacted him with .concerns that their values may ..have been. established in excess of actual market value. Mr: Pulju stated his staff will be making a field' i.nspecti.on of that area within the next 20 days, and .will report back to the Council with verification of sales data compared to the LAMA established values. Mr. Peterson added that based on his analysis, the deviation appears to have been caused by errors in conversion from the old manual system to .the .computer system. He also pointed out that mathematical .errors may have been made on the previous manual system, and increases at this time would be justified. A tax payer does,.. however, have the option to apply for an abatement, which could go back a maximumof three years. Mr. Peterson also explained the appeal process, whereby _the property owner receives notification of value and is then invited to the open book meetings to discuss and. review values with the assessor. If property owners shoo a to appeal their assessment, .they may present their appeal in person, or in writing, to the local Board of Review. If, after the assessor's staff has mete with the property owners on an individual basis, they still wish to appeal their assessment,. the appeal would be forwarded to the County Board of Review and then, if necessary, on to the Minnesota Supreme Court. CITY OF LAKEVILLE SPECIAL.COUNCIL MEETING APRIL 9, 1990 PAGE 3 Councilmember Harvey. reminded those present that if they are not able to come to an equitable. agreement .with the assessor's staff,.. their. appeal should come back to the local Board of Review before going to the County .Board.. The 'Assessors entertained general questions from the audience: A citizen asked if the. County has a pre printed list. that talks about quality of homes. Assessor explained that. they consider the quality of a home based on seven quality grades, and take into account construction, materials and workmanship. Maynard .Johnson asked if the assessor's .staff will review commercial/industrial property this evening, and. Mr. Peterson stated that all property types are being considered at this time. Mr. Jim Wolter stated that he has obtained specific market information from his neighborhood that would indicate his assessed value is in excess- of the actual market value. Mr. Peterson stated that his office welcomes any additional market information that a property owner cane provide. Councilmember Harvey also pointed out that- market information in the form of an appraisal or a real estate estimate is most helpful to the Board of Review in reviewing appeals. Mr. Erickson pointed out that the City's prediction last fall. than Lakeville home owners would see a reduction in their 1990 property taxes was accurate, assuming the home valuation remained the same. He stated that on a home valued at $100,000 n 1989, for example, taxes payable 1990 in School .District 192. would decrease 20.7%; taxes on a $100,000 .home in School District 194 would decrease 17.9%; and taxes on $100,000 home in School District 196 would decrease 22.2%. Sandy Goetz stated .that while most residents in attendance .realize that. is true,. they are concerned with the increase in their valuations. 90.94 .Motion was made by Harvey, ..seconded by Ruhmann to receive letters from .property .owners appealing their assessed market values for 1990, payable 1991, and refer them to the County Assessor's Office, (letters on file in the City Clerk's office) . Roll call was taken on the motion. Ayes, Ruhmann, Sindt, Mulvihill, Harvey. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING APRIL 9, 1990 PAGE 4 ITEM 5 Mr. Erickson .outlined the actions taken by the Council at their April 2nd meeting, at which time they received a proposal from MJC Development to option approximately.. 80 acres of City owned property at the intersection of -County Road 70 and I-35. The .Council instructed the City Attorney to return to this meeting with a document which would represent the discussions that took place,. inclusive of conditions that the council agreed upon, in concept. He explained that in addition to the conditions discussed by the Council, the following items were incorporated into the document,. based on review of the files and discussions. with MJC Development:. 1) developer .will be responsible for removing existing buildings from the site at developer's expense; 2) developer will be responsible for the farm lease the City has with Mr. William Feldman; 3) developer. will be ..responsible for resolving a pre-existing boundary line problem with one of the fence lines which has existed for 20 years along 1,000 to 2,000 feet of the north line; 4) City has provided the developer with a specific legal description for the area the City wants. to reserve for future Fire Station No. 4. • Councilmember Harvey voiced his concern that based on, the legal description as presented,. the future fire station parcel seems. small for the intended use of the property. The staff pointed out that although it appears small, the parcel has approximately 363 feet of depth and 400 feet of length, plus an additional 150 feet to the east from the water tower site. This would result in a site equivalent in size to thee. Fire Station No. 1 site. Councilmember Harvey pointed out a 20 foot discrepancy in the .legal. description in Exhibit A of the option and real estate purchase agreements,. and suggested that this item be tabled to allow that legal. description to be corrected. He further suggested that the option be tabled to allow other potential buyers to bid on the property. 90.95 Motion was made by Harvey, seconded by Mulvihill. to table consideration of an option with MJC Development for 80 .acres of city owned property near County Road 70 and. I-35 for 90 .days to allow for public bids, to investigate the value of the property and to receive additional information from the developer. Mr. Ben Meledandri, MJC Development, stated that he was willing to discuss the price/value of the land with the City, and urged the Council to consider using this land to stimulate economic development in the city. He .stated that the Council agreed, on an individual basis, that this proposal was worthy of consideration. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING APRIL 9, 1990 PAGE 5 Councilmember Mulvihill pointed out that her discussions with Mr. Meledandri prior to April 2nd did not include the price of the land. She stated that she felt uncomfortable with the $7,500 figure,. as with the secrecy surrounding the developer of the amphitheater. She also felt the City is possibly being used as leverage to lower the land price in another community for a similar project. Mr. Meledandri explained that it is not unusual for a business to withhold identification, for competitive reasons, until the option is secured. He assured the council, to the best of his knowledge, that the developer is genuinely interested in this site. Councilmember Harvey presented figures showing the parcel value at $1.1 million, pointing out that accepting $7,500 per acre would mean a $500,000 loss. Mr. Meledandri stated that appreciation in value occurs on the basis of inflation and increased development in surrounding land, pointing out that there has been no significant development in the area for the past five years. Mr. Steve Hanson, representing Citizens Against the Proposed • Amphitheater, stated that he is content with the property in its current state. Councilmember Ruhmann stated there is a moral aspect to the issue, in that the Council agreed to grant an option on April 2nd. Councilmember Sindt suggested Mr. Meledandri request the Council table this item until the next regular meeting to allow the mayor to vote on the issue. Meledandri made that request. Mr. Larry Castriotta told the Council that, in his opinion, any legitimate developer would have known that the parcel was on the market. 90.95 Roll call was taken on Councilmember Harvey's motion. Ayes, Mulvihill, Harvey. Nays, Sindt, Ruhmann. Motion failed. Mr. Erickson recommended the issue be tabled for a 30 day period to allow adequate time to accept any other proposals. He also stated that the phone calls he had received were not from citizens who were concerned about the price of the land, CITY OF LAKEVILLE SPECIAL COUNCIL MEETING APRIL 9, 1990 PAGE 6 • but rather. from. people .interested in the ultimate use of the property and whether it will return to the community the greatest potential for tax revenues, jobs and general economic development. He stated he feels the developer has. the ability to negotiate the price. He further stated that if the Council has concerns regarding. the proposal, .their .feelings should be expressed, as the developer has the right to know if the Council is willing to give. further consideration to the proposed project. 90.96 Motion was made by Ruhmann, seconded by Mulvihill to table this issue until .the April 16th regular Council meeting to allow, the mayor to vote on the matter.. Roll call was taken on the motion. Ayes, Mulvihill, Harvey, Ruhmann, 5indt. 90,97 Motion .was made by Harvey, seconded by Mulvihill to reconvene as the Board of Review at ..7:00 p.m. on Wednesday, April 25, 1990. Roll call was taken on .the motion. Ayes,. Harvey, Ruhmann, Sndt, Mulvihill. ITEM 6 Jim Robinette presented a grading and tree removal permit for Lake Villa Golf Estates 6th Addition and explained -that the foresters .had indicated, at the time of preliminary plat approval, that it is important to remove trees before approximately the 15th of April to .prevent the spread of diseases which .occur more readily when trees are actively growing. He stated the staff recommends the developer complete erosion control and tree removal prior to April 15th; however, a five ..day. extension of that deadline would be acceptable if the council so chooses. .Mary McCawley of Hedlund Engineering stated that the contractor is prepared. to begin clearing trees, and: they expect the work. can be completed in a day and a half, weather.: permitting. Ms. Karen Carron, 1755.. Kodiak Avenue, spoke on behalf of the Concerned Citizens' Group and requested some clarifications to the erosion .control plan. She stated the cti2ens are asking the developer: to provide heavy siltation fence for erosion control, provide double heavy duty silt fence and. hay bales around ponding ;areas, and protect .catch basins .with hay bales. CITY OF LAKEVILLE SPECIAL. COUNCIL MEETING APRIL 9, 1990 PAGE 7 Mr. Robinette stated there.. were two additional areas drawn on the final Grading and Erosion Control Plan, dated 3/30/90. An on-site inspection will be required with the Engineering staff and the .Dakota County .Soil and Water Conservation District.. Mr. Erickson read. a portion of the grading and tree removal permit .which estates, "If the developer does not comply with .the erosion control plan and schedule or supplementary instructions. received from the City or the Dakota County Soil and Water Conservation District, the City may -take such action as it deems appropriate to control erosion " He assured the residents that. the forester, Mr. Kunde, has an obligation to see that this plan is enacted and followed, and will monitor the; .work closely. Ms. Carron also requested the .developer/contractor. be required to provide a suitable container. (dumpster) during. home construction to contain building refuse; and Mr. Robinette stated that. fenced areas.. for containing construction debris are currently required by the City Building Department. Ms. Carron also. asked the Council to consider in future . developments. that the number of trees replaced .should be based on a percentage of trees. situated on the lot prior to grading.. and clearing of the building pad. Mr. Larry .Bakken, Kodiak Circle, asked if permission had been given to the developer to move dirt prior to this date. The developer, Mr. .Simonson, explained that he removed the' dirt from. around the trees adjacent to Lake Villa Golf Estates 5th Addition and, with the City. .Engineer's permission, placed it in the City right of way. Mr. Bakken also .questioned. whether .the mass grading permit is being approved at an appropriate time, prior to final plat approval. Councilmembers and staff explained that it is proper procedure, and feel comfortable that the developer understands the concern of the community at large with regard. to the environment. 90.98 Motion was made by Mulvihill, seconded by Ruhmann to approve a grading and. tree removal permit for Lake Villa Golf Estates 6th Addition, with the tree removal being completed prior to April. 20, 1990,. and erosion control and grading -work completed by June 1, 1990, subject to payment by the developer of outstanding bills in the amount of $919.46. Roll call was taken on the .motion. Ayes, Ruhmann, Sindt, Mulvihill, Harvey. CITY OF LAKEVILLE SPECIAL COUNCIL MEETING APRIL 9, 1990 PAGE 8 .OTHER BIISINESS 90.99 Motion was made by ,Harvey, seconded by Mulvihill to interview advisory committee applicants on Monday, April 23rd, beginning at 7:00 p.m. Roll. call was taken on the motion. Ayes, Sindt, Mulvihill, .Harvey, Ruhmann. 90.100 Motion was .made by Harvey, seconded by Mulvihill to direct City staff to review .and draft an ordinance on the regulation. of ultralights using City property. as an airport.. Roll call was taken on the .motion. Ayes, Mulvihill, Harvey, Ruhmann, Sindt. .90.101 Motion was made by Harvey, seconded by Mulvihill to adjourn the meeting. Roll call was taken on the motion. Ayes, Harvey, Ruhmann, Sindt, Mulvihill. Time:. 10:23 p.m. Respectfully submitted, Charlene Friedges, City lerk Du ne Zaun, M