HomeMy WebLinkAbout1981 06-01 CCM Board of Equalization MINUTES OF THE PROCEEDING OF THE CITY
COUNCIL OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN THE STATE
OF MINNESOTA
Board of Equalization
June 1, 1981
City Hall
CALL TO ORDER
The Brooklyn Center City Council met as the Board of Equalization and was
called to order by Mayor Dean Nyquist at 7:05 p.m. "
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill. Fignar, Gene Lhotka,
and Celia Scott. Also present were City Manager Gerald Splinter, City
Assessor Peter Koole, Appraisers Merry Ritter and Joe Dabruzzi, Assessing
Clerk Grace Geske, and Administrative Assistant Tom Bublitz.
The City Manager stated the City Assessor was prepared to review the purpose
of the Board of Equalization, conduct a procedural review of property taxation,
and present the City Assessor's report. He noted that, following the Assessor's
presentation, there would be time for public inquiry regarding local assess -
ments. The City Manager requested that all persons present who wished to
make inquiries regarding their assessments please fill out the appropriate
forms and present them to the City Assessor.
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.
The City Assessor stated 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
noted this has been done and the owners of the property in Brooklyn Center have .
been notified of any value changes. Additionally, the City Assessor explained
Minnesota Statute 273.11 states, "All property shall be valued at its market
value ". The City Assessor 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 , tself, 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
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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 next reviewed the sales ratio studies. He referred the
Council to a copy of a graph received in the Agenda packet, stating 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 94.8 %, the median ratio is 94.1 %, the coefficient of
dispersion is 6.0. The average sale price is $60,412 and the average market
value is $57,272. He explained the Assessing Department analyses the sales
by style, location, price 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 showed the Council
a neighborhood map which had been prepared and discussed the general percent
of increase in various areas of the City. He stated the figures indicate that
with various increases throughout the City the Assessment Department obtained
a reasonably well grouped set of ratios in every neighborhood City wide. He
pointed out the percent of increases in the City's neighborhoods ranged from
4.5% to 11% and that the average increase in valuation City wide was'8% to 9%.
The City Assessor reviewed inspections made by the Appraisers. He commented,
State law requires that one- fourth of the properties be revalued and inspected
each year. He showed the Council on a map of the City which areas had been
revalued and inspected in 1980 for the 1981 assessment. He noted in addition
to the regular inspections made each year, the Assessment Department must also
inspect the work on each building permit. He noted in 1980 there were over
600 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 1972 to 1981. He stated these
properties have not been extensively changed physically although normal main-
tenance and depreciation are present in their average properties. He explained
the income adjusted homestead credit (circuit breaker) has been considered in
the example as listed on the chart. He pointed out that even though values of
homes have gone up this does not always mean that taxes will increase.
Councilmember Fignar stated that the City's share of the total tax dollar is
approximately 15% to 18 %. He inquired what percentage this 15% to 18% represents
with regard to revenues needed for City functions. The City Manager explained
the 15% to 180 of the tax dollar received by the City represents approximately
45% to 50% of the total revenue required for City functions.
The City Manager proceeded to review the forms submitted by persons present at
this evening's meeting who wish to ask questions regarding their valuations.
The first person to appear was Mr. Gene Sorby, 6437 Emerson Avenue north,
Property Identification No. 36- 119 -21 -32 -0084. Mr. Sorby stated his home has
been valued at $67,000 and that he paid only $63,000 for the home three months
ago. The City Assessor stated that he will have the City's Property Appraisers
review Mr. Sorby's valuation and -make a recommendation to the City Council at
the next meeting. The City Manager stated the Board can defer any action on
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the valuation of Mr. Sorby's property until the staff reviews the valuation
and reports back to the Council. The next person to appear was Mr. Robert
Melina, 3919 61st Avenue North, Property Identification No. b3- 118 -21 -21 -0127.
Mr. Melina stated that his valuation had been $48,000 previously and is now
$62,000. lie, stated his house is 42 years old and that he has made no improve -
ments to the property and that he was here this evening to find out why his
valuation had increased from $48,000 to $62,000. The City Assessor reviewed
Mr. Melina's past valuations noting that the property in question had been
valued at $49,900 in 1979, $58,300 in 1980 and $62,000 in 1981. He noted the
increase in property valuations have followed a normal percentage increase in
valuation as compared to other similar properties in the City. The City Manager
pointed out the Appraisers can physically inspect only 2000 homes per year-
and that this is why the sales ratio is used in determining valuations for
homes which the Appraisers cannot physically inspect. He noted the City's
Appraisers can review this property along with the sales of other homes in the
area.
The City Manager stated the next individual making an inquiry regarding the
valuation of his property was Mr. Paul Linton, 6915 Indiana Avenue North,
Property Identification No. 27- 119 -21 -34 -0005. Mr. Linton stated he tried
to sell his home approximately 4 years ago and at that time the FHA valued
his home at $25,000. He explained his home did not meet FHA requirements
since there was no basement in the home. The City Assessor'explained $46,800
is the current value of Mr. Linton's home and that his property has not been
appraised recently. He explained the Appraisers can review and inspect Mr.
Linton's home and return back to the Council with their inspection report.
The City Manager introduced the next inquiry from Mr. Earl Dukatz, 5655 Northport
Drive, Property Identification No. 03- 118- 21 -42- 0009. The City Assessor explained
that the City's Appraisers had problems gaining entry to appraise this property
and that the staff will report back to the Council after the property has been
inspected and reviewed. He stated the staff anticipates no problem with this
property.
The City Manager introduced the next inquiry from Lucille Hargzi, 3527 27th Avenue
North, Property Identification No. 10- 118 -21 -42 -0024. He explained Ms. Hargzi's
concern was with the increase in valuation of her property. The City Assessor
stated the property in question has been valued $159,500 for 1981 and is an
eleven unit apartment building. He added, he believes this property is grossly
undervalued. He cited examples of other apartment buildings noting a four unit
apartment building on Lake Breeze Avenue sold for $167,000 in 1980. He stated
another four unit building at 6637 Humboldt Avenue North sold for $172,900 in
1980. He added, in 1982 the staff will undertake a major apartment study
throughout the City. The City Manager pointed out that the State Legislature
has shifted the tax relief to homestead property and not to commercial properties,
resulting in an increased share of the tax burden for commercial property owners.
The City Assessor pointed out that Ms. Hargzi's property at 3527 27th Avenue
North was valued at $140,300 in 1980 and $159,500 in 1981.
Councilmember Lhotka stated that he wanted to clarify the fact that taxes are
set to a great extent by the State Legislature and not by local City Councils. -
The City Manager pointed out, in apartment properties tax relief is given to
the renter since the State views the renter as the ultimate taxpayer on
cor— tercial properties. He explained the tax burden.has been taken off the
single family home in recent years and a greater share of the burden has been
placed on apartment buildings.
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The City Manager introduced the next inquiry, which was submitted by Mr.
Amos LeVang owner of the properties at 4100 Lake Breeze Avenue and 4816 Lake
View Avenue North, Property Identification No. 10- 118 -21 -32 -0068. Mr. LeVang
stated he was opposed to.the.system set up by the Legislature which has placed
a greater share of the tax burden on apartment properties. He stated he
realizes the City Council's hands are tied with regard to the State's actions.
He explained his four -plex, located at 4100 Lake Breeze Avenue, has increased
80% in valuation and that the taxes have increased 83% to almost $1,800. He
stated there was a problem with the tax system and that something must be done
to bring the selling price of property down to a reasonable level. He added,
the system is also unfair to renters.
The City Manager stated the City can invite local legislators in to discuss the
problem and emphasized to Mr. LeVang that he should carry his protest forward
to the State Legislature. The City Assessor noted that what Mr. LeVang is
saying is true and that the State has been responding to a certain segment
of the population, that being the homesteads not commercial and industrial
property. Mr. LeVang stated he has no objections to the actual taxes he paid
last year, but that he is opposed to the system that is placing a greater tax
burden on commercial property. The City Manager explained the City staff has
discussed this problem with local legislators in the past. Mayor Nyquist
suggested that the City use Mr. LeVang's data and forward a resolution to the
State Legislature regarding this problem. The City Manager requested Mr. LeVang
to include the information he presented this evening in a letter that the City
could pass along to the State Legislature along with a resolution.
The City Manager introduced the next inquiry from Mr. Urban Sander, 6732 Willow
Lane, Property Identification No. 36- 119 -21 -12 -0013. Mr. Sander stated that
other properties in his neighborhood were paying lower taxes than his property
even though he had a smaller house. In light of this difference he inquired -
why his taxes were greater. The City Assessor stated the City's Appraisers
will show comparable valuations in Mr. Sander's neighborhood and will also
show any values on any property which Mr. Sander's feels is comparable. Mrs.
Sander's stated the taxes on a $60,000 home are $800 and on a $120,000 home
are $1,500. She inquired why the taxes were structured in this manner. The
City Assessor stated the higher the value of the property, the higher the tax
rate, noting that this is the way the tax system is structured. Discussion
followed regarding the general trend of home sales in the area and the inflated
prices of homes. Mrs. Sander's stated she had no complaints with the market
value the Appraisers have chosen to set and in fact she would not sell for that
price. She did note, however, that she was concerned with the inflated prices
of homes and the inability of many people to sell there home in today's market.
The City Manager introduced the next inquiry from Ms. Audrey Alford, 5306 Camden
Avenue North, Property Identification No. 01- 118 -21 -43 -0077. Ms. Alford
questioned the current market value of her home noting that the market value
of her.home was $29,600 in 1980 and was increased to $43,800 in 1981. The City
Assessor explained the home consisted of 795 sq. feet with a double garage and
that the home was reappraised during the past appraisal period. He explained
the average value in Ms. Alford's neighborhood has been generally only one -half
that of the rest of the City thus creating more demand for housing in the
neighborhood and thereby increasing the valuation. He noted that only 12 homes
in the City sold for under $40,000 as of Angust 1980. He noted the staff will
review the appraisal of Ms. Alford's home with her and will report back to the
City Council on this review.
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The City Manager 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 noted and entered into the meeting record, the written protest
of P ersons who were not able to appear at this evening's meeting. Letters of
protest were received from the following individuals:
t
1. Mr. Robert Regan, 4435 68th Avenue North, Property Identification
No. 34- 119 -21 -22 -0012.
2. Lionel Corporation /Toy City, Property Identification No. 02- 118 -21 -11 - 0005.
3. Prudential Insurance Company, Property Identification No. 35- 119 -21 -14 -0004,
.and 55- 119 -21 -14 -0011.
4. Texas International Airlines, RLS 1380, Property Identification No.
i
02- 118 -21 -11 -0001.
5. Health Industries, Incorporated, Executive Health Spa, Property
`Identification No. 02- 118 -21 -23 -0019.
6. Plitt N. C. Theater's, Incorporated, Brookdale, 250 County Road 10,
Property Identification No. 02- 118 -21 -24 -0013.
7. Gabbert & Beck Incorporated, Tract A except Highway RLS 1235- 22- 89757
5000- 281 -0, Property Identification No. 03- 118 -21 -14 -0022.
8. .McDonald's Restaurants of Minnesota Incorporated, 5525 Xerxes Avenue
North, Property Identification No. 03- 118- 21 -41- 00
9. Lowry MLS Realtors, 7000 Brooklyn Boulevard, Property Identification
No. 27- 119 -21 -33 -0006 and 27- 119 -21 -33 -0007.
10. Prudential Insurance Company of America, Shingle Creek Parkway Properties,
6820 Shingle Creek Parkway, Property Identification No. 35- 119 -21 -12 -0002.
11. Prudential, 6840 Shingle Creek Parkway, Property Identification No.
35- 119 -21 -21 -0003.
Councilmember Kuefler suggested the Board of Equalization meeting be continued
to the June 8, 1981 Council meeting and at that time the Council would review
as many properties as the staff can report on in time for that meeting. Mayor
Nyquist noted the Board of Equalization meeting will be continued to June 8,
1981 at 7:00 p.m.
PURCHASE OF XEROX MACHINE
The City Manager reviewed the memorandum in the Council's packets regarding
copying costs for the City. He explained at the present time the City is
paying $937 per month for the Xerox 7000 and that an identical machine is
available from the City of Fridley for $7,500 plus moving expenses of
approximately $300. He stated the staff is requesting the Council's
authorization to submit a bid for $7,500 on the Xerox machine. He added,
the normal cost for a used machine of this type is between $15,000 and
$20,000. Mayor Nyquist inquired how old the used machine was. The City
Manager explained the used machine was approximately . 5 to 6 years old.
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. i
There was a motion by Councilmember Scott and seconded by_Councilmember Fignar
to authorize a bid of $7,500 for the Xerox machine currently owned by the City
of Fridley. Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar,
Lhotka, and Scott. Voting against: none. The motion passed unanimously.
ADJOURNMENT
There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar
to adjourn the Board of Equalization meeting. Voting in favor: Mayor Nyquist,
Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none.
The motion passed unanimously. The meeting was adjourned at 8:40 p.m.
- rk Mayo
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