HomeMy WebLinkAbout1982 06-07 CCM Board of Equalization MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
Board of Equalization'
June 7, 1982
City Hall
C ALL T O ORDER
The Brooklyn Center City Council met as the Board of Equalization and was called
to order by Mayor Dean Nyquist at 7:09 p.m.
I ROL'L CALL
Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill.Hawes, and Rich
Theis. Also present were City Manager Gerald Splinter, City Assessor Peter Koole,
Appraiser Joe DaBruzzi, Assessing Clerks Julie Caswell and Evelyn Byron, and
Administrative Assistant Tom Bublitz.
Mayor Nyquist reviewed the purpose of this evening's meeting pointing out that the
City Council was serving as the Board of Equalization to conduct a review of assessed
valuation within the City, and to allow a time for public inquiry regarding local
assessments after the City Assessor makes his report.
The City Manager pointed out that there are various steps that individuals must
take when seeking adjustments in their valuations and he explained that the meeting
tonight is the first step after which the inquiry is passed on to the County,, and
the County then passes it on to the State for their review. He explained that the
values discussed this evening will serve as the basis for 1983 taxes. He added
that.the Board of Equalization reviews the City Assessor's work and he explained
that the City appraisers and assessing staff are fully certified by the State of
Minnesota.
The City Assessor explained the appeal process, stating the channel of appeal begins
with the local Board, then onto.the County Board, the State Board, and finally to
the tax court if carried that far. He also noted that individuals may appeal to
the tax court directly without going to the County Board or State Board. He added
that an individual must go to the local Board first before they can qualify for
the next step, which is the County Board, and that an individual must also appeal'
to the County Board `prior to appealing to the State Board. The City Assessor
explained that the County Board of Equalization is appointed by the County Commissioners
and that the Commissioner of Revenue serves as the State Board of Equalization.
The City Assessor stated that the duties and the procedures to be followed by the
local Board are set in Minnesota Statute 274.01 to "examine and see that all taxable
property in the City has been properly placed upon a.tax list and duly valued by
the Assessor ". "Furthermore ", he stated, "on application of any person feeling
aggrieved, the Board shall review the assessment and correct as shall appear just ".
In reviewing the duties of the City Assessor, he noted the State Statute reads "All
real property subject to taxation shall be listed and assessed every year with
reference to its value on January 2, preceding the assessment ". The.Assessor stated
this has been done and the owners of the property in Brooklyn Center have been
notified of any value changes. He also pointed out that Minnesota Statute 273.11
states, "All property shall be valued at its market value ". The City Assessor
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further explained the Statute states "In estimating and determining such value
the Assessor shall not adopt a lower or different standard of value because the
same is to'serve as a basis for taxation; nor shall he adopt as a criterion and
a value the price for which such property would sell at auction or at a forced
sale, or an aggregate with all the property in the town or district; but he shall
value each article or description of property by itself, and at such sum or price
as he believes the same to be fairly worth in money ". The City Assessor noted in
cases where a property may be so unique as to make a comparative market value
hard to determine, Minnesota Case Law is clear as demonstrated in the case of State of
Minnesota versus Fritch. In this case, the court stated, "It is up to the Assessor
to form an opinion of the market value even when there is no market or sales to
aid in fixing values, where there have been no actual sales for a long period of
time, there is no way of determining values except by the judgment and opinion
of men acquainted with the lands, their adaptability for use and the circumstances-
of the surrounding community ". The City Assessor explained that the assessor's
work is based on historical value and that their data is based on actual sales
and not projections.
The City Assessor next reviewed the sales ratio studies. He explained that the
sales ratio study was a substantive part of what is done by the Assessing Department.
The City Assessor briefly reviewed the 1981 sales ratio study noting the aggregate
ratio is 93.9 %, the median ratio is 93.20, and the coefficient of dispersion is
6.5 %. He stated that the average sale price is $66,052 and the average market
value is'$61,763. He explained.the Assessing Department analyzes the sales by
style, location, price, age, and neighborhood. He reviewed the valuations of "
several homes located in different parts of the City, including homes located on
a lake or river, in proximity to a highway or freeway, commercial and multiple'
family units, and homes located near parkland. He pointed out the pe -rcent of
increases in sale prices in the City's neighborhoods ranged from 3% to 8% and
that the average increase in- valuation City wide was 5.9 %. He explained that in
the 1980's the inflation rate in real estate is expected to lag behind inflation
in other areas.
The City Assessor reviewed inspections by the Appraisers. He commented that State ,
law requires one - fourth -of the properties in the City be revalued and inspected
each year. He showed the Council on a map of the City which areas had been revalued
and inspected in 1981 for the 1982 assessment. He noted in addition to the regular
inspections made each year, the Assessing Department must also inspect the work
on each building permit. He noted that in 1981 there were 518 permits that had
to be inspected at least once to determine what effect the work has had on the
property value.
The City Assessor next reviewed a tax comparison for properties which were chosen
to be representative samples of homes in Brooklyn Center in two different price
ranges. A comparison was made from the years 1973 to .1982. He stated these
properties have not been extensively changed physically although normal maintenance
and depreciation are present in their average properties. He explained the income
adjusted homestead credit (circuit breaker) has not been considered in the example
as listed on the chart. Historically, he pointed out, taxes on homesteaded
properties have decreased over the years.
The City Assessor then proceeded to review an example of how the homestead credit
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works with regard to taxes. For his example, the City Assessor assumed a gross
tax of $1,100; when the 58% homestead credit ($638) is deducted the net taxes
are $462. The City Assessor then assumed that the budget of the taxing authority
increased by 10 %, or $1,100 plus $110 for a total of $1,210 reflecting the 10%
budget increase. The 1982 gross tax, he pointed out, would then be $1,210 and
the 58% homestead credit would be $701.80; however, the homestead credit provides
a maximum of $650, therefore, the net tax would be $1,210 less $650 or $560. The
tax increase from one year to the next on the example property increased $98 for
a 21.2% increase. He explained that the additional increase is due to adjustments
made by the State Legislature. The City Manager pointed out that the City's share
of the total tax dollar is approximately 15% to 17 %.
The City Assessor proceeded to review small apartment building sales and also the
sale of four - plexes in the last five years. He explained the use of the gross
rent multiplier in developing values for apartment buildings. He explained that
the gross rent multiplier is obtained by dividing the sale price of the building
by the gross rent of the building. He pointed out that four- plexes,that were sold
more than once in eleven years experienced an annual inflation rate of 34.3% with
regard to their selling price.
The City Assessor reviewed new legislation for the Council and pointed out that
homestead properties with tax increases over 30% received refunds from the state
for 75% up to $200.
Mayor Nyquist proceeded to review the forms submitted by persons present at this
evening's meeting who wished to ask questions regarding their valuations. The
first persons to appear were Donald and Elizabeth Tinker, 3337 - 49th Avenue North,
PID No. 10- 118- 21 -13- 0017. Mr. Tinker stated that his value was raised 33% in
one year and that he believes this is too high since his valuation is up $18,000
from the year before. He stated that his tax statement is 100% over the year -
before. The City Assessor stated that Mr. Tinker's 1981 market value was $64,700.
He pointed out that in March of 1982 the property.was reappraised at $61,700.- He
stated that this is an example of an expansion home being revalued and he noted
that these types of homes were grossly undervalued until 1981 which resulted in
great tax increase when they were brought up to their proper value. He stated_
that he recommends the value remain as is for this property.
The City Manager explained that the Assessing Staff can sit down with Mr. Tinker
and compare values of other homes in his neighborhood. Mayor Nyquist stated that
he would recommend that Mr. Tinker get together with Mr.- Koole's staff and examine
the values as suggested by the City Manager.
Mayor Nyquist stated that the next person making an inquiry regarding the valuation
of his property was Mr. William F. Shutte, owner of the properties at 6715, 17, 19,
and 21 Humboldt Avenue North, PID No. 35- 119 -21 -11 -0009, 0010, 0007, and 0008. Mr.
Schutte stated that the taxes on the four four- plexes he owns have gone
up 200% in two years. He stated that he is questioning the fairness of computing
the values of all multiple family type housing together. He stated that it does
not seem fair to compare the small multiple family housing with large multiple
family housing units. He stated that his valuation in.1981 was $112,900 and in
1982 was $126,700 per unit. The City Assessor stated that, he agrees with Mr.
Shutte in that he is competing with larger apartment complexes. He stated that
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four- plexes sell at a higher cost per unit than large 100 unit complexes-and the
assessment must reflect this. He pointed out that the State Legislature requires
all multiple family type_ buildings, which includes anything -over four.units, to
be_in the same.tax classification. He stated that the gross rent multiplier for
a four -plex is between 8 and 10 and that for.larger units it is between 4 and 6, F
Councilmember Lhotka left the table at 8:02 p.m.
The City Assessor explained that there is more demand for four unit buildings than "
for sixteen unit buildings, thus the sales price is increased by the demand. He
emphasized that there is more demand for the smaller unit.
Councilmember Lhotka returned to the table 8:03 p.m.
The -City Assessor stated that he does not see an inequity in the appraisal since
the appraisal is based on the market value and it can be demonstrated that a four-
Alex can be sold for more per unit than a sixteen unit building. Mr. Shutte stated
that he believes the expenses in maintaining the building should also be considered
not just the gross rent multiplier. Mr. Shutte then requested information from
the Assessor regarding the information the Assessing Department has on his rental
income. Mayor Nyquist suggested that Mr. Shutte meet with Mr. Koole and his staff
to clarify some of the questions he has regarding his property.
Mayor Nyquist stated that the next person making an inquiry regarding valuation of
his property was Mr. Charles Thompson, 4201 - 58th Avenue North, PID No. 03- 118 -21-
23 -0023. Mr. Thompson stated that between 1976 and 1981 the market value:of his
home increased from $56,000 to $118,800. He stated he believes this increase is
too high. He stated his assessed valuation increased from $118,500 in 1981 to
$118,800 in 1982. The City Assessor noted that Mr. Thompson's property is located
on the north end of Twin Lake and is a single story home on a A acre lot with
2,214 sq. ft. of space. He added that the last appraisal of the property was
conducted on April 10, 1981. Mr. Thompson stated he believes the market value
is not what the home would sell for and that the value has doubled since 1976.
The City Manager stated that the value of most homes in the City has doubled since
1976 He added that by law the City Assessor is required to assess on the value
of property. The City Assessor pointed out that the valuation on Mr. Thompson's
property in 1979 was $83,800, in 1980 it was $97,200, in 1981 it was $118,500,
and in 1982 it was $118,800. He stated that he believes the valuation on Mr.
Thompson's property is far below the market value of the property. Mr. Thompson
stated he would take his protest to'the next step, that being, the County,
Mayor Nyquist introduced the next inquiry, from Mr. Kenneth Wutschke, 7226 Perry
Court East, PID No. 28- 119 -21 -41 -0163. Mr. Wutschke stated that the valuation
of his property at 7226 Perry Court East has increased from a valuation of $62,100
in 1981 to $77,100 in 1982 and that he believes this is a rather large increase.
The City Assessor noted that townhouses were raised by a percentage this year to
establish their valuation. He added that Mr. Wutschke's neighbor located at 7220
Perry Court East sold his unit for over $81,000. He added that the sale prices
in the Creek Villa's Development have been very stable. Mr. Wutschke stated he
believes his valuation is $5,000 greater than his neighbor's valuation and his
neighbor has the same floor plan. The City Assessor stated that the staff will
review Mr -. Wutschke's property and set up a reappraisal appointment for his propert
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Mayor Nyquist introduced the next inquiry, from Kathleen A. Grisser, 1708 - 69th
Avenue North, PID No. 26- 119 -21 -44 -0079. He explained that apparently Ms. Grisser
was present earlier in the meeting but that she was not present now. The City
Assessor explained that the home at 1708 - 69th Avenue North was an expansion home
and was a non- homestead property. He added that in 1980 Ms. Grisser applied for
an abatement with the County and the County approved the valuation of $48,000 in
1980 and that the property is still valued at $48,000. He stated that he
recommend the $48,000 valuation be reaffirmed.
The City Assessor stated that this concludes the in person inquiries for this
evening's meeting, but that a number of written protests will be entered into the
record from persons who could not be present at this evening's meeting. .Mayor
Nyquist directed that the written protests be entered into the official meeting
record. Letters of protests were received from the following:
1. Prudential Insurance Company of America, James North and Freeway Boulevard,
PID No. 35- 119 -21 -14 -0004, 1982 value $3,900.
2. Prudential Insurance Company of America, 1600 and 1700 Freeway Boulevard,
PID No. 35- 119 -21 -14 -0011, 1982 value $1,570,900.
3. Prudential Insurance Company of America, 6820 Shingle Creek Parkway,
PID No. 36- 119 -21 -12 -0002, 1982 value $2,638,200.
4. Prudential Insurance Company of America, 6840 Shingle Creek Parkway,
PID No. 35- 119 -21 -21 -0003, 1982 value $2,245,300.
5. B & G Realty Incorporated, 6415 James Circle North,
PID No. 36- 119 -21 -42 -0003, 1982 value $1,500,000.
6. Edwin W. Elmer, 6500 West River Road,
PID No. 36- 119 -21 -13 -0008, 1982 value $163,800.
The City Assessor stated that he will be meeting with a representative - of the
Prudential Insurance Company of America this week to discuss the problems related
to the protested valuations.. He stated he would recommend that the current values
be reaffirmed, pointing out that this action would protect the right of appeal of
the property owners to the next level. He added that he is awaiting information
from B & G Realty Inc. and Mr. Edwin W. Elmer regarding the valuations of their
properties. /
Mayor Nyquist noted that the Board of Equalization meeting would be continued to
the June 14 City Council meeting and at that time the Board would review as many
properties as the staff can report on in time for that meeting. Mayor Nyquist
adjourned the Board of Equalization meeting at 8:40 p.m.
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