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HomeMy WebLinkAbout06-05-79 CCMCITY OF LAKE ELMO BOARD OF REVIEW, JUlVE 6, 1979 Council members present: Pott, Johnson (2.30)v Mottaz (3:15), Armstrong, Morgan (14:00) Assessors: Dave Stephen and Patrick Poshek, Washington County 1. Gerald Wuefing 8196 38th Street Plate 37095-4200 Estimated Value — $&51010 Limited Value — $519310 Questioned if all estimated and limited values are same. Assessor explained how the figures are arrived at and the process of evaluating. ACTION: None 2. Robert Peterson 8278 Bidden Bay Ct. N. Plate 37545-2600 Estimated Value — $749380 Stated his market value .rose 8TPWa in one year. Land value is $30,000 and building is $p144,380. All the homes in pace Acres were revaluated this year. Mr. Peterson wanted the record to show he paid $21,200 for his land 23 years ago and feels he is assessed too high compared to his neighbors. Surrounding parcels were reviewed by the assessor and all were comparible . ACTION: None 3. Carl Tacke 11306 31st St. N. Plate 371480-2300 Estimated Value — 8479945 Limited Value — $835,735 Questioned the dimensions of his home and. what constituted an open porch. The assessor explained. house size is determined by exterior dimensions. The open porch is a cemented area under an overhang. A breakdown of how the home is assessed was given. Mr. Tacke feelshis market value is unjust since he has no intention of selling. ACTION: None 14. A.R, Maistrovich 8880 Jane Road N. Plate 37009-0060 Estimated Value—$667,545 37009-0064 Limited Value 455,390 Mr. Maiatrovich owns 8.149 A. The home is listed on the wrong parcel.. The assessor noted the error and will put the house on parcel no- 37009-00614. There was no change in the valuation. ACTION: None 5. Thomas Boardman 2377 Legion Lane N. Plate 37180-2150 As of 1/2/78 the value was 'listed as $55,000. Be took over wie. property 1/27/78i at which time there was $23,000 worth of work completed on the house. Be contracted the remainder of the 'work and moved in April of 1978. Be feels his assessment as of 1/2/78 is in error. The Assessor recommended he make application to the Washington County Board of Review far a reduction is his assessment for 1978. The County will need proof of the percentage of completion and a signed affidavit from his contractor. ACTION: None 6. Don Karnuth 8258 Hidden Bay Tr. N. Plate 375148-2100 Estimated Value — $100,955 Limited Value — $B 699905 Questioned how the estimated figure was arrived at. The new estimated is based on revaluation. The assessor stated much of the area was under appraised. Mr_. Karnuth questioned what his next step would be to protest® The assessor said he can appeal to the County Board of Review and then the State Tax Board. ACTION: None BOARD ov RLVIrw, Jim 61 19,79 7. James Blackford 10500 250th Street Plate 37010-2120 Estimated Value — $$20,000 Scandia, Mn. 55073 Limited Value — $ 9055 Mr. Blackford owns a 5 A parcel and questioned the estimated value. He feels $201000 is excessive for an open parcel with no house. This area will be re— assessed in 1980. ACTION: Armstrong moved, Pott seconded to reduce the estimated value to $13,500. Motion carried 5-0. 8. William Woodworth Estimated Value $$949690 Limited Value $$719910 821F2 Hidden Bay Tr, N. Plate 37548-2150 Expressed concern on the estimated value. The assessor explained the area had been revalued this year, ACTION: None 9. Lyle Slawson 5540 Keats Avenue N. Plate 37003-2050 Estimated Value — $$59775 Limited Value — $59775 Mr. Slawson bought the John Kleis farm and questioned if a mobile home could be assessed if he is paying -taxes on the original home. IIe lives in the mobile home and Kl.ei.ses live .in the original home. The assessor explained the mobile home still would. be taxed. IL ACTION: None 10. Philip Tschumperl.in 9149 Lake Jane Tr. N. Plate 3'701.0-0855 Estimated Value — 868,330 Limited Value — $$759925 11. 12. Mr. Tschumperlin had pictures of the pipe that runs along his property and also of the ,yard area of Dan 011inger. He feels his valuation is excessive and his property is not worth $75,925 because of pipe and the noise caused by the pumping of lake Jane. Also he feels the 011inger property is an eyesore and questioned if he can use the area for. storage. He also questioned if 011inger still had a mining permit. The Council. will instruct the Building Inspector to visit the 011inger property and report any violations. Tschumperlin°s requested. -hey be notificed of his findings. ACTION: Delayed until Building Inspectors Report. Per minutes 6/12_/79 No action will be taken on the request -to lower assessed valuation. Thomas Wisdom 2289 Legion Lane N. Plate 37180-2700 Mr. Wisdom questioned the land value going from $195.00 to $$160000. Also he feels there is a 500 sq, fL-, discrepancy in the house measurement. The assessor stated the land valuation may have been. based on an agriculture preplatted figure. Value on platted lots in -that area are comparable. The assessor will go back and remeasure the home. ACTION: The Council will react within 20 days if the County finds an error in the dimensions. House remeasured by County Assessor — square footage corrected, value to remain the same, per minutes of 6/12/79. No action will be taken by the City. R. Murray 4465 Jack Pine Tr. N. Plate 37547-2650 Estimated Value — $61,270 Limited Value — $$50,115 Questioned how the limited market value is going to be handled under the new law. The assessor stated it may take two years for the limited to catch up to the estimated, after which the limited value may no longer be used. ACTION: None BOARD Oli' REPIE6lp DUNE 69 1979 13, D, Friesen 8695 Ironwood Tr, N. Plate 37550-4000 Estimated Value - $658p930 Limited Value - i$42p260 Questioned how the estimated and limited value are formulated. Requested breakdown of how home is valued, ACTION: None 114. Tom Strohkirch 8702 Ironwood Tr, N, Plate 37550-3250 Estimated. Value - S549485 Limited Value - $$509105 Questioned the percentage increase in the limited and market value, ACTION: None 15, James Johnson 8430 DeMontreville Tr. N. Plate 37683-2550 Estimated Value - $$571650 Limited Value - 357p650 Requested breakdown of how he is taxed. The land value has not increased in the past year the house value increased 10/%. `the valuation+is based on 65% completion. This is not -the total valuation the additional 35/ will be included upon comppletion of the house, Mr. Johnson owns 5 acres. Only 2? were recored. The other 2s will be added to the record. There will be no increase in land value as the value is correct. ACTION: None 16. Allan Kunde 4171 Irvin Circle N. Plate 37446-3000 Estimated Value - $$750830 Limited Value - $$67,350 Questioned what % of the value -the limited figure is based on. Requested run-down of how his house is taxed and estimate of his property tax. ACTION: None 1.7, Peter Werner 8131 Hidden Day Tr. N. Plate 37549-2950 Estimated Value - $$64075 Limited Value - $$55r075 Questioned the formula determining the estimated value. Hi.s estimated value rose 30% in one year and the 'limited rose 10%. The assessor stated these percentages were low compared to others in the community, ACTION: None 18. Dennis Larson 8260 la keJane Tr. N. Plate 37549-2650 Estimated Value - $66p760 Limited Value - 860pO85 Requested run -doom on figures tax is based on. Also requested breakdown on house assessment, ACTION: None 19. Raymond Smith 11299 31st Street N. Plate 37580--2550 Questioned amount of increase in market value. Assessor stated the area -was revalued this year with values being brought up to present market values,,. ACTION: None BOARD OI' REVIEW$ JUNEE 60 1979 20. Glen Swanson 214, Kinard Plate 37385-2300 Estimated Value — Jl5,000 St. Paul, X. WIN Limited Value — $G10000 NO, Swanson owns a 5A parcel in J'esses Hideaway, When he purchsed the property he questioned the owner, realtor and Cy Schifisky in the Assessors Office about what the property taxes were, All quoted him about $6200.00. His tax statment for 1978 was $640.00, The assessor advised him the $200 amount was based on an agriculture value, After the property was subdivided the value per lot is increased. The $15000 value is a comparable figure for like property in the community. ACTION: None 21. .Loren Johnson 8460 Deer Pond Tr.. Plate 37546-2350 Estimated Value — Q52,930 Limited 'Value — $43,060 Questioned the estimated market value compared to surrounding homes. Requested breakdown of house assessment. He is presently assessed for a tennis court. He does not have a tennis court on his property, but his neighbor does. The assessor will remove the tennis court from 37546-2350 and add it to 37546-2300, Lot 5. $2,250 of the estimate and a portion of the limited values will thereby be reduced. ACTION: None 22, Lenny Anderson 559 S. McKnight P1ate37730-2350 $g200000 St. Paul, Mn. 55109 Requested comparison for adjacent properties. :Feels his valuation is too high. Requested that the structures be assessed as personal property and not real estate since there was no foundation under them. Questioned why 'he is taxed for 1979 on the structures. The reason being they were on the property as of Jan. 2, 1979, Mr. Anderson's:ca,so is presently i0tax court. Morgan moved, Pott seconded, the City Council will agree with whatever. the tax court decision is and apply it to the 1979 assessment. Motion carraed 300. Mr, Anderson stated that due to snow conditions he had to get an extension from the court to move the structures. He feels the City should go along with the extension date and he should not be assessed as of Jan 2. 1979. The January 2 date for assessing is set by the County and the City cannot change it. Mr, Anderson also questioned the homestead status. He stated he filed for homestead but it is not indicated on the tax books. He is protesting the homestead status and stated he was living in the structures as of 1/2/79 and should be eligible. Armstrong moved, Mottam seconded to refer this matter to the Board of Review. The Building Inspector will go and inspect this property and the adjacent property. NO, Anderson wants a copy of his report and of the minutes to be sent to him. A copy of both will also be sent to Ray Marshall, Attorney. ACTION: Refer to County Board of Review and abide by the decision of the Tax Court. 23. James Tobin 4180 Irvin Circle N. 37446-2650 Estimated Value — $719090 ! limited Value — IG63-980 Requested what the property taxes will be on a home. Assessor gave an estimate, ACTION: None BOARD OF REVTEW, DUNE 69 1979 A1, Oliva Ylonen Lot 12 Oace Acres Sent letter to Board of Review questioning why the taxes are so high. Wanted to be noted in the record so she can be reviewed at a later date. ACTION: None 25. Bill Rowe Oace Acres Plate 37672-2050 Telephoned question the valuation of lake shore and the calculations of the limited and market values. The Oace Acres area was revaluated this year. All lake shore lots are valued the same $309000. Any error in the limited valuation cannot be changed by the City. It is a State law and must be corrected by the County. ACTION: None 26• T. G. Armstrong Plate 37028-2700 37028--2600 Requests the corn crib building be removed from the roster. The building was razed September, 1978. The assessor deleted the building. ACTION: None 27. Kenneth L. Sovereign 4415 Olson Lake Tr. Plate 37009-0040 Estimated Value $103,150 Limited Value 899150 Unable to attend Board of Review Hearing. IIe is protesting his assessment for 1979. Mr. Sovereign is waiving the hearing at the City level, ACTION: None. Armstrong moved, Mottaz seconded to close the Board of Review Hearing at 7:35 p.m. June 12, 1979. Motion carried 4-0. Morgan absent KENNETH L. SOVEREIGN ATTORNEY AT LAW 4415 OLSON LAKE TRAIL NORTH LAKE ELMO, MINNESOTA 55042 PHONE 612-777-1 139 June 1, 1979 Clerk of City of Lake Elmo Attention: Clerk Re: 36-37009-0040 Business requirements prevent me from attending the Hearing on June 6. Please accept this as notice that I contest assess- ment for the year 1979 on the above mentioned property and will waive Hearing at the City level. Sincerely yours, Kenneth L. Sover n enc. I 1, ..,t.`. 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AGENDA: Additions: Bob Peterson, Water Surface Use Committee - Speed limits and hours for lake within Lake Elmo. E. General — Engineers Report — Hardy's driveway. Morgan requested fines i em be Springborn's Green Acres and Jane Road N. gate. SURFACE WATER USE: Bob Peterson requested the City Council adopt an ordinance limiting boat speed on all Lake Elmo lakes prior to 10 a.m. and after 7 P.M. Speed will be determined by no 'wake' or a 5 mph limit. The Council agreed with establishing such an ordinance. Morgan suggested extending the evening hour to 8 p.m. Morgan moved, Armstrong seconded to have the City Attorney draft an enforcement ordinance limiting speed on all lakes in Lake Elmo between the hours of 8 p.m. and 10 a.m.; also the definition of 'wake' is to be written into the ordinance. Motion carried 5-0- MINUTES: Motion by Armstrong, Seconded by Johnson to approve the minutes of May 14 and May 15, 1979, as written. Motion carried 5-0. Armstrong moved, Morgan seconded to approve the minutes of May 23, 1979, as corrected. Corrections: Richard Connors — All reference to 924 should be changed to 928, the City's high flood elevation. All reference to 1700.cu. yds. of fill should be 170 cu. yds. Page 3 — Sign Posts..... buy 50 sign post out of the Operating Budget. Spare Hydrant — page 3.... out of the Water Enterprise Revenue .Fund. Motion carried 5-0. CLAIMS: Moulton Irrigation, $2,250.00 was added to the claims list changing the total to $23,383.68. Morgan moved, Armstrong seconded to approve claims 79298 thru 79234• Motion carried 5-0. PUBLIC INQUIRIES: A. James Kaufhold — Variance from 10 £t. set —back to 5k ft. Mr. Kaufhold applied for a permit to co ruct a b xx 361storage building. Mr. Kaufhold was erronously told he was within the limit with his 52 ft. set -back. After review with the City Attorney it was determined the set —back should be 10 ft. Mr. Kaufhold has secured all the neces— sary signatures of his neighbors stating no opposition to this variance. Armstrong moved, Pott seconded to approve the variance for a 52 ft. set— back for James Kaufhold. The $30.00 filing fee will be waived due to the misinterpretation by the Building Inspector. Also no PZC recom— mendation will be sought as all other ordinances are met and the circumstances demanded immediate action. Motion carried 5-0. B. Tom Kaiser — Canceled C. Irvin Court Drainage A The engineer has determined an 1811 culvert, crossing Hedges property is adequate. Estimated cost for staking and construction will be $5,400 plus the $2,000 easement cost. Mr. Mogren has agreed to do the con— struction work and assume the $5,400 cost, but will not pay the $2,000 easement fee. He feels benefiting property owners should share this cost. Armstrong is opposed to an assessment hearing or paying the easement amount out of General Revenue. The Administrator was requested to try and renegotiate the easement amount. Minutes of the Lake Elmo City Council, June 5, 1979 -2- 's Green Acres - Bond Release - Armstrong moved, Pott seconded to release the Development Bond for Springborn's Green Acres, in the amount of $19,134-40. Motion carried 5-0. Marilyn Banister will write a letter to Washington Federal stating the City agrees to the release. E. General - Engineers Report Beutal Pond - The DER permit will be in the Administrators office this week for signature. Hard Driveway - the preliminary lime for the driveway has been set and al ernatives suggested. There is a natural drainage depression which will require fill. Also consideration is to be given the request for a foot bridge to be constructed over the fork. James Kaufhold questioned the City's decision regarding the Hardy drive- way. He feels this will create more traffic flow into the Tablyn area and the residents should be made aware of this action. In this instance the City does not have to contact residents. The Engineer will compile an estimate of materials for the next meeting, after which scheduling can be done with the National Guard. MnDot - The engineer presented a MnDot program for correcting regulatory signs on City Streets. A copy of the report will be sent to the Maintenance Committee for review. Park She Bid 0 enin Schedule - Armstrong moved, Morgan seconded to set the Park Shelter Bi Opening for June 21, 1979, at 3:30 p.m. Motion carried 5-0. The bids will be opened in the City Office. The bids will be considered on June 26, 1979, at 5:00 p.m. at a Special Council meeting. Park Shelter Aire-He94- cdd+%� - Engineer Bohrer distributed the bid advertisements approved 7 3/79 or the ire Eall addition. They will appear in local papers starting Monday. VALI-HI DRIVE IN: Dale Fuearstenberg reported that the drive-in will not hire an authorized deputy, except for Friday, Saturday, and Sunday. The SUP stipulates a deputy will be on duty whenever the theatre is operating. The City Attorney advised the City has the authority to cite the operators for violations until the requirement is met. Legal action to close the theatre will begin if the requirement continues to be ignored. 197E FLOOD ASSESSMENT ROSTER: Armstrong moved, Morgan seconded, to approve all property xo ary to the Tri-Lakes. This will include Foxfire Estates and Springborn's Green Acres. Motion carried 5-0 PROJECT 1005: In the opinion of Attorney Ray Marshall, Project 1005 will be delayed a minimum of three weeks before VB will assume the project. This is providing the managers order the project. The City understood VB would take over once the project was ordered. George Hedges stated that before VB can assume the responsibility, their engineer will have to prepare plans, specs, and bids; prepare a cost es- timate; get Bond Council; and secure bonding for the $77,000. Hedges did say the managers could vote monies from their Administrative Fund to ease the City's financial burden. No action can be taken until the Managers make a decision. Minutes of the Lake Elmo City Council, June 5, 1979 —3— Mr. Everett Beaubiegexpressed his concern about the level on Sun Fish Lake. He stated that as a result of pumping Lake Jane, Sun Fish Lake is rising. Mayor Armstrong read Resolution 76-11 in reference to monitor— ing Sun Fish. Armstrong stated if those down stream can prove the water level is rising due to the Lake Jane pumping they should have some compensation for damages. *that are a proven result of that pumping. *approved 7/3/79 Residents on Sun Fish will be given the same consideration as those on Lake Jane with the same problem. Armstrong will contact Kent Lackesmoe, DNR, and determine the official high water mark for Sun Fish. PETE nUEGEL—BUILDING INSPECTOR: A. Hazardous Buildin — I and 28th St.— Armstrong moved, Pott seconded e a. y Counci request the Fire Depa ment burn the City owned.strue— at Ivy and 28th St. Motion Carried 5-0. FIRE DEPARTMENT POLICY: Pott wanted the Council aware of the Fire Department Policy for filling swimming pools. No action was taken on the policy. B. Licenses and Permit Fees --,Tabled until next meeting. C. Racquet Ball Court — Cancelled REGIONAL PARK PLAN: The council agreed the Administators letter of adequately covered their concerns. Mottaz is still adamently opposed to much of the proposed use in the park Morgan will try or organize a meeting between the County and the City Park Committee before the next meeting. CODE OF ETHICS: Armstrong will redraft the ordinance for the next meeting. CENTER LINE FOR HIDDEN BAY TRAIL: Pott will obtain a cost estimate for restriping and verify what other City streets need to be done. SEWER LICENSES: Armstrong moved, Pott seconded to approve sewer licenses for, AAA,Pollution- Dennis Schlomka 1525 S. Sterling St. Paul 55119 79-0012 Moris Carlson— Carlson Trenching 5692 Centerville Rd. White Bear Lk. 79-0013 55110 SPRINGBORN GREEN ACRES: Morgan questioned the status of the road construction betweedl Jane RoadN. and Springborn's Green Acres. The street from the development has been graded through. It was the Council's understanding this was not to be a through street and a gate was to be placed at the intersection. The Administrator is to notify Green Acres that a gate is to be installed. $2,000 will be withheld from bond monies if the work is not completed. (Note: The gate is in Foxfire) CITY►iFFICE DUMPSTER: It has been noted that the public is dumping in the dumpster behind the City Office. This is not for public use and the dumpster is to be locked after office hours. ADJOURNMENT: Johnson moved, Pott seconded to adjourn at 10:25 p.m.