Board of Review - MINUTES - 8/14/1992BOARD OF REVIEW
CITY OF MUSKEGO
MINUTES OF MEETING HEL.D AUGUST 14, 1992
.
The meeting was called to order by Chairman Lynda Guhr at 10:08
AM. Also present were Board Members Russell Jankowski, Joseph
Flintrop and Mert Bo~{er, Assessor Laura Mecha, Clerk Jean
Marenda, City Atty. John Macy, Objector Harold Diekfuss and his
counsel, Judge Harold Wollenzien, and Ald. Misko.
Chairman Guhr stated no matters were deferred from the August 10,
1992 meeting, and no unfinished business was brought forward.
Clerk Marenda gave the oath to Mr. Harold Diekfuss. Judge
Wollenzien, representing Mr. Diekfuss, gave the following
testimony. He stated the objection is on the assessment of the
40 acres on the south side of Hwy.. "L". The~re is another 40
acres owned by Diekfuss to the south, but there is no objection
on that parcel. Tax Assessment Comparables were presented to the
Board. Mr. Diekfuss is located in the sewer district basin but
cannot get sewers. Another consideration is the eKtension of
Moorland Rd. which is proposed to cut through a major portion of
Mr. Diekfuss' land, which is another drawback of the value of his
property. We feel the assessment should be $1,250 to $1,500 and
not $2,025 per acre.
.
Mr. Diekfuss stated that beginning in the 80's he was told by the
City Engineers that the wholl:~ farm could be sewered except the
lower 40 acres, and now we c,:ln' t get sewers because they say the
pipes are too small and it will have to come from Sandy Beach.
Mr. Flintrop asked if an appraisal was made. Judge Wollenzien
said no because the appraiser wouldn't know to appraise with or
without sewer. Mr. Flintrop asked Mr. Diekfuss of what his
understanding was of the availability of sewer. Mr. Diekfuss
said his attorney got a letter that we'll have no sewer because
the Council turned it down.
The Tax Assessment Comparabll:~s presented by Judge Wollenzien were
marked as "Exhibit 1" and alccept'B!d into the record.
Clerk Marenda gave the oath to City Assessor, Laura Mecha.
The Assessor presented and explained three exhibits: Yellow-
History of Diekfuss request for Sewers; Blue - Agricultural
values in base year of 1987 by grade; Purple - Recent sales and
values.
Assessor Mecha said the difference in assessments is determined
in part by soil types, with those in a sewer service area
commanding a higher price.
.
Brian Misko, District 3 Alderman
the City approved the mapping of
designed as 5 lanes and built as
different paths from the County,
Diekfuss property. Mapping will
L.
and real estate troker, stated
Moorland Road extension to be
2 lanes. There are three (3)
but it is cutting through the
only be from the north to Hwy.
.
.
.
Board of Review - 8/14/92
Page Two
The Assessors exhibits were marked: Yellow, Exhibit 2; Blue, Exhibit 3; Purpose, Exhibit 4; and accepted for the record.
Atty. Macy asked Mr. Diekfuss if he knew if the 40 acres are
Class 2 to the best of his knowledge. Mr. Diekfuss responded he
didn't know. Atty. Macy asked if the 40 acres being contested
are similar in nature to the rest of the 57 acres in Class 2.
Mr. Diekfuss responded "yes". A"tty. M,acy st,ated that of the 57
acres of Class 2, you're asking that 40 acres be recalculated at
$1,250-$1,500 per acre. Judge Wollenzien stated the land on the
north is better land and more valuable than the south. The lower 40 acres would need DNR approval to develop because of the creek.
Assessor Mecha stated it appears the land to the north is $2,200
and $2,025 to the sou1::h due~ t;o type. She re~viewed maps showing
the parcels. She noted that the agricultural values were set in 1987 and were not raised due to the contract the City signed with
MMSD. She stated that in her opinion there was uniformity based
on 1987 sewer contrac1t wi th ]~1MSD.
At 9:03 A.M. Judge Wollenzien, Mr. Diekfuss and Ald. Misko left the meeting.
No further testimony was taken. The Board found the assessment
was uniform and all properties in the same class ~ere treated the
same. The Board revÜ~wed t.h'E~ evidence of the taxI=ayer and even
his evidence supported the $2,025 figure, and all people in the
Sewer Service District in 1987 with Class 2 property were
assessed at $2,025/acre. There was no error found on the part of
the City. The objector was contesting that the Assessor included
them in the District when they couldn't be served by sewer, but
the Board felt that whether they're served or not the value is
fair and equitable. j~fter deliberations, Mr. Bow}er moved to
sustain the City's assessment as fair and uniform. Mr. Jankowski
seconded, motion carried unanimously.
Mr. Jankowski moved to adjourn subject to the mailing of the
Notice of Board of Review Determination to Mr. Diekfuss by the
City Clerk.. Mr. Flintrop seconded. The meeting adjourned at 10:00 AM.
Respectfully s~bmitted,
"'~ (\, ~C1-rv /{ fflc ~
~f an K. ~1arendë
(ç: ty Clerk
NOTATION: A tape recording of the complete proceedings of the
August 14, 1992 Board of RE~view meet.ing is em file in the Clerk's
office.
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Display Device. . . . .. User. . . . . . . . . .:
S282
Real
PF/T
File
Fnct
Cnty
M77C
Property
CURRENT (CURRENT, BANK)
I (l=lnquiry,U=Update)
7 Corom MSKC
Key 2167995
State Assessed
Partial
Owner/Prop
HAROLD & lONE DlEKFUSS
S69 W15402 JANESVlLLE
Print Key Output
;31038889
DSP02020.2
SAI.
1992 Asmt Roll Value Data
Cl'I'Y OF ]~:USKEGO
Tax Rate Districts
School High
Wat.er F ir,e
VTAE
Lake
Special Districts
1. 2. 3.
Line
1
Class
D
Acres
79.000
Chg Notice
<PAl> Next Key <PA2> Prey Key
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Prey Asmt
08/14/92
12:28:26
TlF
Util
Page
12:30:5
08/14/92
2 Sewer M
Other
:nty Ownd/Bankrptcy
Land
159,900
159,900
lmprv
62,100
62,100
18
5738SS1 V2RIMO 910524
0
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:31038889 08/14/92 12:30:3
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S283 M77C
Real Property
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County.
1992 Asmt Roll Legal Description
CITY OF MUSKEGO
12:28:07 08/14/92
6
CURRENT (CURRENT, BANK)
I (I=Inquiry,U=Update)
7 Comm MSKC
Key 2167995
1 Wl/2SWI/4 SEC 2 T5N R20E EX 1
2 AC VOL 532/116 DEEDS 79 AC
3 R565/387 ES~T 9/83
4 R667/333 QCD 4/85
5 R1156/188 Q:D 11/89
6 R1166/705 Q:D 12/89 Owner HAROLD & lONE DIEKFUSS
Prop S69 W15402 JANESVILLE
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