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HomeMy WebLinkAbout2014/04/28 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA APRIL 28, 2014 (Mayor Jacobs & Councilmember Mavity Out) 6:30 p.m. CONVENE LOCAL BOARD OF APPEAL & EQUALIZATION – Council Chambers 6:45 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 6:45 p.m. Future Study Session Agenda Planning – May 5 and May 12, 2014 2. 6:50 p.m. Community Education Advisory Council (CEAC) 3. 7:10 p.m. Parks & Recreation Advisory Commission 2013 Annual Report and 2014 Work Plan 4. 7:30 p.m. Update on Community Center Project 5. 8:30 p.m. Southwest LRT Preliminary Design Plans 9:30 p.m. Communications/Meeting Check-In (Verbal) 9:35 p.m. Adjourn Written Reports 6. March 2014 Monthly Financial Report 7. First Quarter Investment Report (January – March 2014) 8. Nestlé (Novartis) Property Update 9. Dissolution of Minnesota Community Capital Fund (MCCF) 10. Cedar Trails Housing Improvement Area (HIA) - Disbursement of Remaining Funds 11. Update on Community Emergency Response Team (CERT) 12. Update on Outdoor Refrigerated Ice Study 13. Update on 2014/2015 Neighborhood Grants Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting: LBAE Meeting Date: April 28, 2014 EXECUTIVE SUMMARY TITLE: 2014 Local Board of Appeal & Equalization (LBAE) RECOMMENDED ACTION: The Board is asked to convene its first meeting, appoint a chair, determine the date for reconvening the Board, and undertake other administrative tasks noted below. POLICY CONSIDERATION: Local Boards and/or Open Book Meetings are required by law. The Board must conclude its business within 20 days of convening, this year by May 17, 2014. SUMMARY: All property owners are entitled to the right of appeal regarding their classification and market value. The property classification is determined by the actual use of the property. The market value is based on records maintained for every property and market conditions as of the date of the assessment (January 2). Minnesota statute requires that all properties are to be valued at full market value. In most jurisdictions, and per our historic practice, the Local Board is accomplished in two meetings. The first meeting is used to convene the Board, set the Board process and announce that appeals are to be resolved at the reconvened meeting. The second meeting (reconvene) is used to hear and decide the merit of each appeal. The Local Board process depends on active participation from all parties involved including the board members, the property owner and assessing staff. The following Agenda is suggested: 1. Convene the St. Louis Park Local Board of Appeal and Equalization 2. Roll Call of Board Members – Declaration of Quorum 3. Appoint Chair 4. Acknowledgement of Trained Members (Sanger & Mavity) 5. a. Accept Roster of Appellants b. Call for Any Additions 6. Determination of Date and Time for Continued Proceedings (Reconvene) … Suggested as May 12, 2014 prior to Study Session … 7. Instruct Assessor to: a. Inform Appellants of Reconvene Date via Telephone and Mail b. Re-Inspect and Re-Appraise Parcels Under Appeal 8. Completion of the Local Board Certification Form 9. Recess FINANCIAL OR BUDGET CONSIDERATION: Not applicable for budgeting from the perspective of the taxing jurisdictions. Changes made by the Board may affect the property owner’s share of the total property tax budget levy in the Pay 2015 tax period. SUPPORTING DOCUMENTS: Summary of Duties & Responsibilities Sample Letter – To be sent to Each Appellant on April 29 DOR Board Training Handbook Prepared by: Cory Bultema, City Assessor Reviewed by: Nancy Deno, Administrative Services Director Approved by: Tom Harmening, City Manager LBAE Meeting of April 28, 2014 Page 2 Title: 2014 Local Board of Appeal & Equalization SUMMARY OF DUTIES AND RESPONSIBILITIES LOCAL BOARD OF APPEAL AND EQUALIZATION Most of the responsibilities listed under the Local Board of Appeal and Equalization are statutory, primarily found in Minnesota Statutes 274.01. • The first responsibility is attendance. The Local Board of Appeal and Equalization is an official public meeting similar to a City Council meeting and cannot convene without a quorum. The local assessor, the county assessor, or one of his/her assistants is required to attend. • At least one member must be present at each meeting of the Local Board of Appeal and Equalization (beginning in 2006) that has attended an appeals and equalization course as developed and approved by the Commissioner of Revenue. The compliance date is December 1 of the year prior to the current year’s meeting. • The valuation notices shall be in writing and be sent by ordinary mail at least ten calendar days before the meeting of the board. The valuation notice will include the dates, places and times set for the meetings of the Local Board of Appeal and Equalization as well as the Hennepin County Board of Appeal and Equalization. • The meetings must be held between April 1 and May 31 each year, including reconvene meetings. The County Assessor shall fix a day and time when the Local Board of Appeal and Equalization shall meet. The board must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, i.e. calendar days – original night is day one. • The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting. • Local Boards of Appeal and Equalization must see that all taxable property is properly valued and classified for the current assessment year only. The board may consider both real and personal property, and both estimated and taxable value. Personal property is limited to mobile homes and their storage sheds, decks and other improvements located in a manufactured home park, structures on leased public lands and RR operating ROW, and leased buildings located on land owned by the occupant and used as their homestead. • If any property has been omitted, the board must correct the assessment by adding it to the list of assessments along with its market value. • The board may not increase or decrease by percentage all assessments in a district of a given class of property. Changes in the aggregate to assessments are by class and are made by the County Board of Equalization. • The board may not make an individual market value adjustment or classification change that would benefit the property in cases where the owner or other person having control over the property will not permit the assessor to inspect the property and the interior of any buildings or structures. LBAE Meeting of April 28, 2014 Page 3 Title: 2014 Local Board of Appeal & Equalization • Although the Local Board of Appeal and Equalization has the authority to increase or decrease individual assessments, the total of such adjustment must not reduce the aggregate assessment by more than one percent. If the total reductions would lower the aggregate assessment by more than one percent, none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments discovered by the board without regard to the one percent limitation. • The local board does not have the authority to reopen former assessments on which taxes are due and payable. • If an assessment was made after the local board meeting or if a taxpayer can establish not having received the notice of market value at least five days before the meeting, they can appeal to the County Board of Appeal and Equalization. • The board may find instances of undervalued properties. The board must notify the owner of the property that the value is going to be raised. The property owner must have the opportunity to appear before the board if they so wish. • The local boards do not have the authority to address exemption issues. Only the county assessor (and the tax court) has the authority to exempt property. They also have no jurisdiction over special programs for which an application process is required (Veterans Market Value Homestead Exclusion, Green Acres, etc.). • A taxpayer may appear in person, by council, or written communication to present his or her objection to the board. The focus of the appeal must center on the factors influencing the estimated market value or classification placed on the property. • All changes will be entered into the assessment record by the county assessor’s office. • Before adjourning, the local board should prepare an official list of the changes. The law requires that the changes be listed on a separate form. All assessments that have been increased or decreased should be shown as prescribed on the form along with their market values. The record must be signed and dated by the members of the Local Board of Appeal and Equalization. • NEW Administrative Rule from the Department of Revenue beginning with the 2013 Local Board of Review… The Assessor may not make administrative changes to the valuation or classification less than 10 days prior to the Board. All contemplated changes should be brought to the Board for review and approval. • NEW Administrative Rule from the Department of Revenue beginning with the 2013 Local Board of Review… Each appeal must be ruled on separately. • Further reference, attached separately, is provided by the MN Department of Revenue Board Training Manual (2014 update). This manual gives considerably greater detail as to the process and role of the Board in the assessment process. LBAE Meeting of April 28, 2014 Page 4 Title: 2014 Local Board of Appeal & Equalization SAMPLE LETTER TO ALL BOARD ROSTER PROPERTIES Address line 1 April 29, 2014 Address line 2 Address line 3 Re: St. Louis Park Local Board of Appeal & Equalization Subject Address Property ID #: xx-xxx-xx-xx-xxxx Dear : The Board convened on April 28 and the above-referenced property has been entered onto the appeal roster. You are receiving both a telephone call and this letter to inform you that the reconvene date has been scheduled for X:XX pm on May 12, 2014 in the City Hall Council Chambers located at 5005 Minnetonka Boulevard, St. Louis Park, MN 55416. Appeals will be heard at this meeting. The following are important for you to know: If the Assessing staff has not already inspected your property within the last year, they must complete an interior and exterior inspection to revalue the property. Important: Refusing access precludes the Board from taking action that would benefit the owner (MN statute 274.01). Assessing staff will then complete their revaluation and contact you prior to the May 12 meeting to inform you of their conclusion. This is an important component of the Local Board process. If the assessing staff and you as the owner can mutually agree to resolve the matter, the agreement will be reported to the Board… while it is common that that the Board ratifies mutual agreement, please note that the Board is the decision maker on the issue. This method of resolution is often preferred by property owners as it is not necessary to speak before the board. When agreement cannot be reached, the Board hears the case. Past practice has been as follows: You, as the appellant, are allowed about 5-10 minutes to present information supporting your value position. The assessing staff, as the respondent, is allowed about 3-5 minutes to present information and their conclusion. The Board hears the information and decides the market value and/or classification as of January 2, 2014. The Board has full authority to sustain, increase, or decrease individual assessments. The Board does not have authority to reopen prior assessments. The Board does not have authority to change current and past real estate taxes. The property owner may appear in person, by representative, and/or by written communication to the Board. As the Assessor, I suggest focusing your appeal on the factors influencing market value and/or classification of the property as of the assessment date. We strongly recommend fact based locally competitive market information pertaining directly to your property (competitive sales, appraisals, etc.). National or regional information, while interesting, may not necessarily correlate to this specific local market. The Board appreciates receiving written information before the meeting. The assessing staff prepares a written report on all parcels under appeal and submits it to the Board prior to the meeting. If you would like your written documentation to be included in the Board packet, please provide it to my office by 12:00 Noon on Wednesday May 7 to allow time for copying LBAE Meeting of April 28, 2014 Page 5 Title: 2014 Local Board of Appeal & Equalization or scanning. Otherwise, please prepare ten (10) copies of written materials to be brought to the Board meeting on May 12. Upon completion of the Local Board, you will be notified via letter of the Board action. If you do not agree with the Local Board decision, you are eligible to attend the Hennepin County Board of Appeal & Equalization which convenes in June. An application to appear before the County Board is required no later than May 21, 2014. If you have any further questions on the Local Board process, do not hesitate to contact me directly. Cory Bultema, City Assessor Direct Dial 952-924-2536 This handbook was created to satisfy the training requirements of Minnesota Statutes, sections 274.014 and 274.135. 2014 U p d at e MINNESOTA ▪ REVENUE LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 6 Table of Contents Table of Contents Table of Contents .................................................................................................................................... 2 Introduction .............................................................................................................................................. 1 Purpose of the board ................................................................................................................................................................. 1 Training for Boards of Appeal and Equalization ............................................................................................................... 1 The impetus for the legislation ................................................................................................................................................................. 1 Compliance requirements ......................................................................................................................................................................... 2 Failure to comply ....................................................................................................................................................................................... 2 Role of the board in the assessment process .................................................................................... 3 Market value ............................................................................................................................................................................... 3 Estimated market value ............................................................................................................................................................................. 4 Classification ............................................................................................................................................................................... 4 Split-class property..................................................................................................................................................................................... 5 Overview of the assessment process....................................................................................................................................... 5 Assessor estimates value ........................................................................................................................................................................... 6 Three approaches to value ......................................................................................................................................................................... 7 7 Assessor determines classification ........................................................................................................................................................... 7 Assessor reviews sales ratio ...................................................................................................................................................................... 7 The sales ratio study ................................................................................................................................................................................... 8 Assessor notifies taxpayer ......................................................................................................................................................................... 9 The board meeting .................................................................................................................................................................. 10 Who must attend the meeting - ...............................................................................................................................................................10 Local Boards .............................................................................................................................................................................................10 Meeting dates and times for the local board..........................................................................................................................................10 Who must attend the meeting .................................................................................................................................................................11 County Boards ..........................................................................................................................................................................................11 Meeting dates and times for the county board ......................................................................................................................................11 Documenting board actions ....................................................................................................................................................................11 Required forms for documenting board actions ...................................................................................................................................12 Duties of the board .................................................................................................................................................................. 13 Prohibition on changes within 10 days of local board meeting ..........................................................................................................13 What the board can do .............................................................................................................................................................................13 What the board can’t do ..........................................................................................................................................................................14 Recommendations for board members .............................................................................................................................. 15 Become familiar with sales information prior to board meeting ........................................................................................................15 Duties of the clerk – Local Boards ....................................................................................................................................... 16 Legal and policy reasons for fair and impartial appeal and equalization hearings ................... 16 Legal reasons for fair and impartial local board meetings ............................................................................................. 16 Policy reasons for fair and impartial board meetings...................................................................................................... 17 Board meeting procedures that foster fair and impartial assessment reviews and other best practices recommendations ................................................................................................... 18 Meeting procedures ................................................................................................................................................................. 18 The board should run the meeting ..........................................................................................................................................................18 Establish ground rules for the meeting ..................................................................................................................................................18 All proceedings must be public ..............................................................................................................................................................19 Make appellants feel comfortable ..........................................................................................................................................................19 Dealing with angry or difficult property owners ..................................................................................................................................19 Hearing appeals ........................................................................................................................................................................................19 LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 7 Table of Contents Review process, not value-reduction process .......................................................................................................................................20 Recess or adjourn .....................................................................................................................................................................................20 Decisions ...................................................................................................................................................................................................20 Appeals must be substantiated by facts .................................................................................................................................................21 Best practices recommendations .......................................................................................................................................... 22 Have appellants call for appointments ...................................................................................................................................................22 Time limits for presenting appeals .........................................................................................................................................................22 Hear all appeals first ................................................................................................................................................................................22 Conducting other business at the board meeting ..................................................................................................................................23 Notifying property owners of decisions ................................................................................................................................................23 Quorum requirements for boards ....................................................................................................... 23 Quorum must be present ....................................................................................................................................................... 23 What constitutes a quorum? ....................................................................................................................................................................23 When a quorum is not present ................................................................................................................................................................24 Arrive on time for the meeting ...............................................................................................................................................................25 Explanations of alternative methods of appeal ................................................................................ 25 Benefits for the property owner ..............................................................................................................................................................25 Benefits for the local board .....................................................................................................................................................................26 Benefits for the county ............................................................................................................................................................................26 Option 1: Transferring assessment and local board duties to the county ...........................................................................................26 Option 2: Transferring local board duties to the county ......................................................................................................................27 Other alternate methods of appeal ...................................................................................................................................... 28 Special Boards of Appeal and Equalization - Local ............................................................................................................................28 Special Board of Appeal and Equalization - County ...........................................................................................................................28 Tax Court ..................................................................................................................................................................................................28 Appendix ................................................................................................................................................. 29 Glossary ..................................................................................................................................................................................... 29 Duties of local and county boards ........................................................................................................................................ 32 How value changes affect taxes ............................................................................................................................................. 32 Recommended format to notify appellants of board decisions ...................................................................................... 34 Local Board of Appeal and Equalization Trained Member Certification Form ...................................................... 35 County Board of Appeal and Equalization Trained Member Certification Form ................................................... 36 Frequently asked questions by board members ............................................................................................................... 37 What is the purpose of the Board of Appeal and Equalization? .........................................................................................................37 On what basis should I make my decisions as a board member? .......................................................................................................37 What options do property owners have if they are not satisfied with the board’s decision? .........................................................37 What factors make up the valuation of property?.................................................................................................................................37 Why do values change? ...........................................................................................................................................................................37 Frequently asked questions by property owners .............................................................................................................. 38 Is it legal for the assessor to increase my value so much in one year? ...............................................................................................38 Why are my taxes so high? .....................................................................................................................................................................38 Will I be taxed out of my home? ............................................................................................................................................................38 Handouts for property owners ............................................................................................................................................. 38 Note: This handbook is designed to provide information to city, town, and county boards or special boards serving as the Boards of Appeal and Equalization. This handbook mentions local, city and county assessors. The specific responsibilities of the local, city and county assessor may differ from one jurisdiction to the next. Not all jurisdictions have a local assessor. For example, counties with a true county assessing system (all assessments are done by the county) will not have a local assessor. In counties having a city of the first class, the powers and duties of the county assessor within such city shall be performed by the duly appointed city assessor. In all other cities having a population of 30,000 persons or more, according to the last federal census (except in counties having a county assessor prior to January 1, 1967), the powers LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 8 Table of Contents and duties of the county assessor within these cities will be performed by a duly appointed city assessor. The county assessor will, however, retain the supervisory duties contained in M.S. 273.061, subdivision 8. For example, the county assessor may provide sales information for the local boards in the entire county, or a city assessor may be responsible for providing the information for the local board in a city that has an appointed city assessor. If the board has questions about the division of assessor duties in the jurisdiction, please contact the county assessor for clarification. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 9 1 Introduction Introduction Purpose of the board The purpose of the Board of Appeal and Equalization is to provide a fair and objective forum for property owners to appeal their valuation or classification. The local board often serves as the first formal step in the appeals process for taxpayers. One of the most important duties placed by law upon the governing body of a township, city, or county is to serve as the Board of Appeal and Equalization. Effective actions taken by the board may potentially make a direct contribution to attaining assessment equality. The goal of the Board of Appeal and Equalization should be to attempt to address property owners’ issues efficiently, fairly and objectively. Always keep in mind that any changes made by the board must be substantiated by facts. Any value reductions must be justified because they have the effect of shifting the tax burden to other property in the jurisdiction. Further, any changes made by the board must meet statutory guidelines. Training for Boards of Appeal and Equalization Legislation enacted in the 2003 and 2008 sessions requires that there be at least one member at each meeting of a Board of Appeal and Equalization who has attended an appeals and equalization course developed or approved by the Commissioner of Revenue within the last four years. Board members have a four-year certification cycle. They may have also attended additional appeals and equalization courses as a refresher. This handbook and the accompanying presentation have been updated to provide additional useful information to help the local board members better understand the overall assessment process and their role within it. The impetus for the legislation The legislation was enacted in part as a response to complaints that were directed to the Governor, Legislature and Department of Revenue. The legislature determined that training was needed to address the procedural shortfalls of some boards. This training will provide information and education for board members that will make the process more efficient and result in a better overall experience for both property owners and board members. Training for Local Boards of Appeal and Equalization is not a new concept. From 1947 to 1979, Local Boards of Appeal and Equalization (then referred to as local boards of review) were required by law to attend an instructional meeting at the county. In 1979, Minnesota Statutes, Section 273.03, subdivision 1 read as follows: “The assessors and at least one member of each local board of review shall meet at the office of the county auditor on a day to be fixed by the commissioner of taxation for the purpose of receiving instructions as to their duties under the laws of the state.” While training or instructional meetings may not be a “new” idea, the 2003 legislature determined that training for Local Boards of Appeal and Equalization was necessary to explain and clarify the role and duties of the board to help ensure that property owners receive a fair and impartial review of their valuation and classification. County Boards were added in 2008. Does “training” sound familiar? LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 10 2 Introduction The appeals and equalization course details the responsibilities, procedures and requirements of the Board of Appeal and Equalization. The legislation also requires the Commissioner of Revenue to develop a handbook to be reviewed during this course. This handbook includes:  The role of the board in the assessment process;  Legal and policy reasons for fair and impartial appeal and equalization hearings;  Meeting procedures that foster fair and impartial assessment reviews and best practices recommendations;  Quorum requirements for boards; and  Explanations of alternate methods of appeal. Compliance requirements All cities and towns must certify in writing to the county assessor and all counties must certify in writing to the Commissioner of Revenue by December 1of each year that:  At least one voting member at each board meeting has attended the appeals and equalization course within the last four years; and  A quorum was present at each board meeting for that assessment year.  The form that must be completed and returned by December 1 to the county assessor or Commissioner of Revenue will be distributed by the Department of Revenue on an annual basis (see pages 35 & 36). Failure to comply Any city or town that fails to meet the compliance requirements by December 1of each year is deemed to transfer its powers to the County Board of Appeal and Equalization for the following assessment year. The jurisdiction would lose its local board for one assessment year at a minimum, until proof of compliance and a resolution to the County Assessor are completed. Any county that fails to provide proof of compliance to the commissioner of revenue by December 1 is deemed to transfer its powers to the Special Board of Equalization for the following assessment year (see alternate methods of appeal section for more information on special boards). The county board must appoint the special board before the following year’s assessment. A special board of appeal and equalization must also meet the training requirements of the regular board of appeal and equalization. The Notice of Valuation and Classification must notify property owners when the Board of Appeal and Equalization for a city or town has been transferred to the county or for a county has been transferred to a special board for failure to comply with these requirements. Instead of a Local Board of Appeal and Equalization meeting, property owners must be provided with a procedure for reviewing their assessments, such as open book meetings, prior to the meeting of the County Board of Appeal and Equalization. This alternate review process will take place in April and May. A board who fails to meet these requirements may be reinstated by resolution of the governing body and upon proof that one of the members of its Board of Appeal and Equalization has attended the appeals and equalization course. The resolution and proof must be provided to the county assessor for cities and towns, and to the commissioner of revenue for counties by December 1 to be effective for the following assessment year. Note: The citation for the appeals and equalization course and meeting requirements for local boards is Minnesota Statutes, Section 274.014 and for county boards is section 274.135. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 11 3 Role of the board in the assessment process Role of the board in the assessment process The Board of Appeal and Equalization has the authority to change the valuation or classification of a property for the current assessment year. Taxes or prior year assessments are not within the jurisdiction of the board. Any decisions made by the board must be supported by facts and by Minnesota law. The board must make informed decisions and ensure all taxpayers are treated fairly and uniformly. In order to make an informed decision on the valuation or classification of a property, it is important to understand the concepts of valuation and classification. These two concepts are equally important in the assessment process. They are both determined on the assessment date, January 2, each year. We will look at the definition of market value and explain how classifications are determined. Market value State law requires that all property shall be valued at its market value (Minnesota Statutes, Section 273.11, subdivision 1). Minnesota Statutes, Section 272.03, subdivision 8 defines “market value” as follows: “ ‘Market value’ means the usual selling price at the place where the property to which the term is applied shall be at the time of assessment; being the price which could be obtained at a private sale or an auction sale, if it is determined by the assessor that the price from the auction sale represents an arm's-length transaction. The price obtained at a forced sale shall not be considered.” Many professional appraiser/assessor organizations have a more detailed definition of market value. The elements of these definitions can be used to clarify the statutory definition. The definition of market value usually implies the consummation of a sale as of a specific date under the following conditions:  The buyer and seller are typically motivated;  Both parties are well informed or well advised and both are acting in what is considered to be their own best interest;  A reasonable time is allowed for exposure in the open market;  Payment is made in cash or its equivalent;  Financing, if any, is on terms generally available in the community on the specified date and typical for the property type in its locale; and  The price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs or credits incurred in the transaction. In other words, market value is the price that would tend to prevail under typical, normal competitive open market conditions. 1 The price that would tend to prevail under typical, normal competitive open market conditions. Market value LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 12 4 Role of the board in the assessment process Minnesota Statutes, Section 273.11, subdivision 1 further 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 of taxation, nor shall the assessor adopt as a criterion of value the price for which such property would sell at a forced sale, or in the aggregate with all the property in the town or district; but the assessor shall value each article or description of property by itself, and at such sum or price as the assessor believes the same to be fairly worth in money.” The law provides that all property must be valued at market value, not that it may be valued at market value. This means that factors other than market value issues (such as personalities or politics) should not affect the market value determined by the assessor. Non-market value factors also should not affect the actions of the Board of Appeal and Equalization. Estimated market value The value determined by the assessor as the price the property would likely sell for on the open market is called the estimated market value (EMV). This value is determined on the assessment date, January, 2 of each year. The EMV for the current assessment year is the only value property owners may appeal to the board, even though taxpayers will also be given a taxable market value. Taxable market value Taxable market value (TMV) is the value that property taxes are actually based on, after all reductions, limitations, exemptions, exclusions and deferrals. There are many programs and provisions in Minnesota law that allow for a property’s EMV to be different from its TMV. For example, qualifying veterans who are disabled receive an exclusion of up to $150,000 or $300,000 of their property’s EMV. This reduction is reflected in their TMV. Other programs and provisions to be aware of include the Agricultural Property Tax Law (Green Acres), the Rural Preserve Property Tax Program (effective for the 2011 assessment) and Plat Deferment. If you have questions about these or any other programs, speak with your county assessor. The board cannot change the TMV of a property. The only value the board has the authority to change is the EMV for the current year. Changing the EMV may ultimately change the TMV, but it is important to note that there can be instances where the board raises or lowers the EMV, and the TMV remains the same. Classification In Minnesota, property is classified according to its actual use on the assessment date (January 2 of each year). If the property is not currently being used, it is classified according to its most probable, highest and best use. Property owners do not get to choose how they want their property to be classified. It is the assessor’s job to classify property consistent with Minnesota Statutes, according to its current use or its most probable, highest and best use. When determining the most probable, highest and best use for a property that is not being used, zoning may be an influencing factor in the classification of the property; however, it is not the sole factor. Additionally, all real property that is not improved with a structure must be classified according to its current use or its highest and best use permitted under the local zoning ordinance if The assessor assigns a statutorily-defined classification to all property based upon the actual use of the property on January 2 of each year. Examples of Minnesota property classes include residential, agricultural, commercial-industrial, apartment and seasonal residential recreational. Classification LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 13 5 Role of the local board in the assessment process there is no identifiable current use. If zoning permits more than one use, the land must be classified according to the highest and best use permitted. If no such zoning ordinance exists, the assessor shall consider the most likely potential use of the unimproved land based upon the use of surrounding land or land in proximity to the unimproved land. Property classifications are defined in Minnesota Statutes. Examples of classifications include residential homestead, residential non-homestead, apartment, commercial, and agricultural. The board can change the classification for the current assessment year of any property which in the board’s opinion is not properly classified. The classification must be based on use, and in order for the board to change the classification, the owner must present evidence that the property is used in a manner consistent with the classification he/she is seeking. The board can only change the classification of a property to a classification that is permitted by law. For example, the assessor classifies a property as residential. The owner seeks the agricultural classification. In order for the board to change the classification to agricultural, the owner must prove that the property is used agriculturally and meets the statutory requirements of the agricultural class. It is important to remember that use – not zoning – is the key factor in determining the classification of a property. For example, a property owner has a parcel that is used as an auto repair shop. The assessor has the property classified as commercial. The property is zoned agricultural so the owner is seeking the agricultural classification. Classification is based on use. Since the property is used as an auto repair shop, it is properly classified as commercial. Therefore, the board must vote to uphold the commercial classification. Split-class property A property can have more than one property tax classification if it has more than one use. Such properties are called split-class properties. If this is the case, the assessor will classify the different uses accordingly. For example, when an owner-occupied farm also has a structure that is used as a commercial repair shop for farm equipment, the property is split classified agricultural homestead and commercial. Overview of the assessment process The assessment of property – determining the estimated market value and classification – technically occurs on January 2 (the assessment date) of each year. The work and analysis required to make these estimations involves several months before and after the assessment date, however. Most of the field inspections of real estate for the next assessment begin in the summer and continue through the fall. For example, assessors will inspect properties starting in the summer of 2012 for the January 2, 2013 assessment. These inspections are when the assessor identifies and records the specific characteristics of each property being reviewed. These characteristics include square footage, condition of the property and number of bedrooms, for example. Assessors gather a lot of information to help them estimate each property’s value and determine its use for classification purposes. This field inspection work is completed as the assessment date nears. At about this same time, assessors start work on analyzing sales and other market data in a sales ratio study to help them estimate values. The sales included in this sales ratio study should represent a typical open market. The sales are from October 1 of two years prior to the assessment year to September 30 of the year prior to the assessment year. In other words, sales from October 1, 2011 to September 30, 2012 are included in the study for the 2013 assessment. The Department of A principle of appraisal and assessment requiring that each property be appraised as though it were being put to its most profitable use (highest possible present net worth), given probable legal, physical and financial constraints. Glossary for Property Appraisal and Assessment, International Association of Assessing Officers, 1997. Highest and best use LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 14 6 Role of the board in the assessment process Revenue, through the State Board of Equalization, conducts a similar sales ratio study to monitor the work of the assessors. Based on the field inspections and sales ratio study, all taxpayers are notified of their value and classification for that January 2 assessment date in the spring of each year. This notification initiates the appeals process that continues until the middle of June at the local level. Once the appeal process is complete, the assessor starts work on the next assessment, and the entire cycle starts again. The final value and classification for each property for each assessment year is used in determining that property’s taxes in the following year. For example, the value and classification for the 2013 assessment, once finalized, is used to determine the taxes paid in 2014. Assessor estimates value The assessor determines the approximate selling price (or EMV) for each taxable parcel based on the conditions of the market on January 2 of each year. The assessor is required by law to view each property at least once every five years. However, even if the assessor did not physically visit a property for that assessment year, the property is subject to valuation changes to reflect market conditions. The assessor is required to estimate the market value as of January 2 of each year to reflect current market conditions because the real estate market is constantly changing – sometimes dramatically. When the assessor views the interior of a property, he/she can make a more accurate assessment and eliminate any guesswork. The assessor bases his/her assessment on multiple factors, including size, age, condition, quality of construction and other features such as fireplaces. The assessor compares the property to actual sales of similar properties in the area to determine the EMV of a property. In addition to this approach to determining value, the assessor may also consider the cost to construct the property or the income generated from the property. These techniques are often referred to as the “three approaches to value.” LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 15 7 Role of the local board in the assessment process The assessor applies one or more of the three approaches to value in estimating a property’s value:  Sales comparison approach;  Cost approach; and/or  Income approach. The assessor will consider all approaches to value, but one approach may be better suited than the others for estimating the value of a particular property. In some cases, one or more approaches may not be applicable. Sales comparison approach: This approach is based on the reasoning that the value of a property is related to the sale prices of similar properties in the same market. Using this approach, the assessor identifies similar properties that have recently sold and analyzes the differences between the subject and the comparable properties. The sale price for each comparable sale is adjusted to reflect the differences (i.e. the subject property has three bathrooms and the comparable property has two bathrooms, so the sale price of the comparable property is adjusted upward to make it more similar to the subject property). The assessor then estimates the value based on the analysis of the comparable sales. The sales comparison approach is most applicable when there is sufficient sales data available for analysis. This approach is most often used for residential properties. It is the most common and preferred method for valuing vacant land when comparable sales data is available. The sales comparison approach should be supported by other approaches to value when comparable sales are limited or unavailable. Cost approach: This approach is based on the principle of substitution which means that an informed buyer will not pay more for a property than it would cost to build an acceptable substitute with comparable utility. Using the cost approach, the assessor calculates market value by estimating the current cost of replacing a structure with one having comparable utility then subtracting depreciation and adding in the land’s value. The cost approach is most reliable when valuing new or relatively new properties because the depreciation is minimal. Depreciation is the loss in value of a property, perhaps due to wear and tear or some other factor. Estimating the amount of depreciation can be difficult making the cost approach less reliable when valuing older properties. The cost approach can be more useful when valuing structures that are not frequently sold. Income approach: This approach is based on the reasoning that the value of the property is directly related to its ability to produce income. The property value is measured in relation to anticipated future benefits derived from ownership of the property. Using this approach, the assessor reviews income and expense information for the subject property and estimates the market value of the property based upon the income stream projected to be derived from the property. This approach has limited applicability because it is only appropriate for income-producing properties such as commercial, industrial and apartments. The income approach is the primary approach for valuing income-producing properties. Assessor determines classification Along with estimating the market value of each property, the assessor must determine the classification, or use, of each parcel of property. Property classifications are defined in Minnesota Statutes, and the assessor classifies the property based on its use as of January 2 of each year. Examples of classifications include residential homestead, residential non- homestead, apartment, commercial and agricultural. Assessor reviews sales ratio Assessors analyze the sales in a community in order to understand local market trends and provide direction in estimating values. Whenever real estate is sold for more than $1,000 a certificate of real estate value (CRV) must be filed in the county in which the property is located. The assessor uses CRVs to analyze actual sales of property and to complete sales ratio studies for each community and for each type of property. The ratio is determined by dividing the EMV by the sale price. The assessor uses the sales as guides to estimate what similar properties would likely sell for on the open market. It is Three approaches to value LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 16 8 Role of the board in the assessment process important to remember that one sale, taken by itself, does not necessarily reflect the actual real estate market in a jurisdiction. In addition to the sales ratio study conducted by the assessor, the Department of Revenue conducts a similar independent sales ratio study for the jurisdiction to monitor how close the median ratio is to the required level of assessment and is used by the State Board of Equalization. The Department of Revenue’s sales ratio studies should be the same or similar to the studies conducted by the assessor. The sales ratio study is a tool assessors use to help determine values for properties. The study helps assessors plan the upcoming assessment and evaluate the current assessment. If results of the study are not within acceptable guidelines, the assessor is required by law to either decrease or increase values so that they more closely reflect the market. The sales ratio study period includes sales that have occurred in a twelve month period. For the January 2, 2013 assessment, the assessor reviews sales that occur between October 1, 2011 and September 30, 2012. By design, there is a lag between the sale and when it is used to help estimate value so it can be verified and reviewed for accuracy. The assessor only considers sales that have been verified as typical and open market. This means the buyer and seller are typically motivated, both parties are acting in their own best interests and a reasonable time is allowed for marketing. According to state law, the assessor must not use sales that cannot be verified as open market sales. This means sales between family members, for example, are not included. This also means that foreclosure sales are very rarely (if ever) included. The assessor completes a sales ratio study by gathering basic data and screening and editing information to make any adjustments and exclude all sales that do not represent arm’s-length transactions. The remaining data is put into an acceptable format for processing (usually done by computer) and sorted by similar property types within each city or township (or neighborhood if possible). Finally, statistics are computed to describe the information and determine results of the assessor’s work. There are numerous calculations in a sales ratio study that describe the overall levels and quality of the assessment. An important one is the sales ratio; it shows the relationship between the EMV and a property’s sale price. It is the EMV divided by the sales price. Sale Ratio = EMV Sale Price The median sales ratio is the midpoint (middle) of all the individual ratios that are included for that property type in that city or township for that study period when they are put in order. In Minnesota, this median sales ratio should be between 90% and 105%. This means that when all sales from that study period for that property type in that city or township are put in order from smallest to largest ratio, the middle ratio should be between 90% and 105%. In Minnesota, six sales of each property type in each jurisdiction are required to complete a sales ratio study. In fact, just because a property sells does not mean its sale price should be its EMV. Assessors look at all sales in a study to arrive at conclusions and value estimates in mass. When there are limited sales to study, the assessor uses other tools, e.g. expanding the time and/or geographic areas. The sales ratio study LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 17 9 Role of the local board in the assessment process Assessor notifies taxpayer The assessor notifies taxpayers of their values and classifications each year after they have been estimated on the assessment date. This notification – the Notice of Valuation and Classification – must be mailed at least 10 days prior to the Local Board of Appeal and Equalization meeting or 10 days prior to the open book meeting (generally, this means that the notices are mailed in February or March of each year). At this point, the property owner can appeal the EMV and/or classification if he/she feels that the property is:  classified improperly;  valued at an amount higher than they could sell the property for; and/or  valued at a level different from similar properties in the area. The property owner should first contact the assessor’s office to discuss questions or concerns. Issues often can be resolved at this level. If questions or concerns are not resolved after talking with the assessor, formal appeal options are available:  Property owners may appeal to the Local Board of Appeal and Equalization (some jurisdictions that have transferred the local board duties to the county will have open book meetings instead of local board meetings);  If the property owner is not satisfied with the local board’s decision (or the outcome of the open book meeting), he/she may then appeal to the County Board of Appeal and Equalization; and/or  The property owner may appeal to Tax Court. The Notice of Valuation and Classification must provide the property owner with the date, time and location of the Local and County Boards of Appeal and Equalization. Assessor meets with State Board of Equalization The State Board of Equalization ensures assessors follow approved appraisal and assessment practices and reviews the results of the assessors’ work in estimating values. This board meets in June of every year. The meeting, and any resulting changes, occurs only after a review of values and sales ratios and after discussions with the county assessor, county assessors in adjacent counties, and the Commissioner of Revenue. The Department of Revenue, as the State Board of Equalization, completes its own sales ratio studies – one which is very similar to the assessor’s study, plus two additional studies – to be sure values closely match the real estate market. The department has determined that a minimum of six sales in a jurisdiction are required for the median ratio to be reflective of actual assessment levels for its studies. There are some jurisdictions and property types that may never have enough sales, for example small-town commercial properties. In these instances, the assessor and the State Board of Equalization may examine sales over a protracted period of time or borrow sales from other similar jurisdictions to help evaluate the assessment and estimate values. The State Board of Equalization completes this verification statewide for each property type and jurisdiction and can order changes to EMVs if the assessor’s work does not comply with law and guidelines. If the study indicates that the median ratio is below 90 percent or above 105 percent, the Commissioner of Revenue has the authority to increase or decrease values to bring about equalization. The equalization process is designed not only to equalize values on a county-, city- and township-wide basis but also to equalize values across county lines to ensure a fair valuation process across taxing districts, county lines and by property type. State Board orders are usually on a county-, city- or township-wide basis for a particular classification of property. All State Board orders must be implemented by the county, and the changes are made to the current assessment year. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 18 10 Role of the board in the assessment process The board meeting Who must attend the meeting - Local Boards Per Minnesota Statutes, Section 274.01, subdivision 1, paragraph (a), the town board of a town or the council or other governing body of a city is the Local Board of Appeal and Equalization, except in the following situations:  Cities whose charters provide for a board of equalization;  Cities or towns that have transferred their local board duties to the county (see Chapter 5);  Cities with Special Boards of Appeal and Equalization appointed by the governing body (see Chapter 5); or  Cities or towns whose local board duties have been transferred due to noncompliance with the training requirements. When a Local Board of Appeal and Equalization convenes, a majority of the voting members (quorum) must be in attendance in order for any valid action to be taken (see Chapter 4 for more information about quorum requirements). The local assessor – when applicable – is required by law to be present with his/her assessment books and papers. The local assessor is required to take part in the proceedings to support his values or recommend a change, but the local assessor has no vote. He/she should be prepared to explain how the value was determined, and in doing so, the assessor should be able to describe the characteristics of the property, such as: location and neighborhood, public or private restrictions on the property, building type and size, quality of construction, age of the structure, physical condition of the structure, total number of rooms and total number of bedrooms and bathrooms, and market conditions, etc. The local assessor should be knowledgeable about the local real estate market and the property in the area. While it is not the goal of the assessor to influence the board, the assessor should provide factual information to support the value and classification or to support a recommended change to a subject property. The local assessor also should be able to explain how the property classification was determined. In addition to the local assessor, the county assessor or one of his/her assistants is required to attend. The board should ask the local and/or county assessors to present any tables that have been prepared, making comparisons of the current assessments in the district. Either the local or county assessor is required to have maps and tables relating particularly to agricultural land values for the guidance of the Local Board of Appeal and Equalization. The local board should be prepared to ask the local and county assessors questions, and assessors should be prepared to answer questions and provide information that will assist the board in its deliberations. Meeting dates and times for the local board The meeting date and time for the Local Board of Appeal and Equalization is set by the county assessor. The county assessor must provide written notice of the date and time to the city or town clerk by February 15 of each year. The clerk shall publish and post notice of the meeting at least 10 days before the date of the meeting. The Local Board of Appeal and Equalization meeting must be held between April 1 and May 31 of each year (unless the provisions of a charter provide otherwise). The local board must conduct its business and adjourn within 20 days of the date stated in the published notice. Upon request, the Department of Revenue (at its discretion) may grant extensions beyond the 20-day time period to da date no later than May 31. No changes may be made by the local board after adjourning. The county assessor also may not make any changes in valuation or classification that are intended to correct errors in judgment by the county assessor after the local board has adjourned. However, the county assessor may make changes that are clerical in nature or changes that extend homestead treatment until the tax extension date for that assessment year. A list of all the changes made by the local board must be fully documented and maintained in the assessor’s office and must be available for review by any person. A copy of the changes made during this period in those cities or towns that hold a local board must be sent to the county board no later than December 31 of the assessment year. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 19 11 Role of the local board in the assessment process Who must attend the meeting County Boards Per Minnesota Statutes, Section 274.13, subdivision 1, the county commissioners, with the county auditor, or, if the auditor cannot be present, the deputy county auditor, or, if there is no deputy, the court administrator of the district court, shall form a board for the equalization of the assessment of the property of the county, including the property of all cities whose charters provide for a board of equalization. When a County Board of Appeal and Equalization convenes, a majority of the members (quorum) must be in attendance in order for any valid action to be taken (see Chapter 4 for more information about quorum requirements). The county assessor is required by law to attend the meeting of the county board of equalization. He/she takes part in the proceedings to support values and classifications or to recommend changes to the board but is not a voting member of the board. The county assessor investigates and reports on any assessment ordered by the county board and enters all changes made by the board in the assessment books. The county assessor should be prepared to explain how the value was determined, and in doing so, the assessor should describe the characteristics of the property, such as: location and neighborhood; public or private restrictions on the property; building type and size; quality of construction; age of the structure; physical condition of the structure; total number of rooms and total number of bedrooms and bathrooms; and market conditions, etc. The county assessor is knowledgeable about the local real estate market and the property in the area. He/she provides factual information to support the value or to support a recommended change to a subject property. The county assessor also should explain how the property classification was determined and why the classification is appropriate or why it should be changed. While the County Board of Appeal and Equalization is in session, the county assessor assists the board in performing its duties. The assessor shall furnish the board with all necessary charts, tables, comparisons, and data which it requires in its deliberations, and shall make whatever investigations the board may desire. The county assessor should present any information that has been prepared, making comparisons of the current assessments in the county. The county assessor is required to have maps and tables relating particularly to agricultural land values for the guidance of the County Board of Appeal and Equalization. The board should be prepared to ask the county assessor questions, and the county assessor should be prepared to answer questions and provide information that will assist the board in its deliberations. Meeting dates and times for the county board The board may meet on any 10 consecutive meeting days in June, after the second Friday in June. The actual meeting dates must be contained on the Notice of Valuation and Classification mailed to each property owner in the county. New legislation resulting from the 2008 session now allows the board to meet on Saturdays. The legislation also requires at least one meeting must not end prior to 7:00 pm. Similarly, if the board requires appointments, some of the available times must extend until at least 7:00 pm. The Saturday meeting may be in lieu of the extended meeting time requirement. No action taken by the County Board of Appeal and Equalization after June 30 is valid, except for corrections that are clerical in nature or changes that extend homestead treatment until the tax extension date for that assessment year. Any such changes made by the assessor after adjournment must be fully documented and maintained in a file in the assessor's office and shall be available for review by any person. A copy of any changes made by the assessor during this period shall be sent to the county board no later than December 31 of the assessment year. The county auditor shall keep an accurate record of the proceedings and orders of the board. The record must be published like other proceedings of county commissioners. A copy of the published record must be sent to the commissioner of revenue, with the abstract of assessment. Documenting board actions Before adjourning, the Board of Appeal and Equalization must prepare an official record of all actions taken by the board. This means that the board must prepare an official record of the proceedings. The record must reflect all board actions. Therefore, the record must list all: LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 20 12 Role of the board in the assessment process  Assessments of property added to the tax rolls with the market value for each local boards only;  Appeals brought before the board, indicating the action taken by the board (including all appeals in which the board voted “no change”);  All blanket changes (changes to an entire class of property) county boards only;  Assessments that have been increased or decreased with the market value for each;  All classification changes; and  All changes that the county assessor brought to the board for action, indicating the action taken by the board. For each meeting, a certification form must be signed and dated by the members of the board who were present at the meeting. The certification form must also list the names and titles of all voting members of the board, including those who are present and those who are absent, to verify that the quorum and training requirements were met. The county assessor is to make all changes ordered by the board that are authorized by law. Required forms for documenting board actions County assessors are required to submit any changes made by the Local and County Boards of Appeal and Equalization to the Commissioner of Revenue, along with a copy of the proceedings of each board. For local boards, this must be done within 10 working days following final action of the local board. For county boards, this must be done within 5 working days of the final action. The information must be filed in the manner prescribed by the Commissioner of Revenue (Minnesota Statutes, Chapter 270C and Section 270C.89 subdivision 1). In recent years, there has been increasing interest by the legislature and others in the number of appeals at the local level and the effect of the changes that were made. However, because of the manner in which many counties submit this information, the Department of Revenue has not been able to respond to requests for this information. Therefore, we are requiring that the counties provide the data in a format that is complete, readable and easily interpreted. Each county will be required to submit this information in an electronic format as instructed by the Department of Revenue. To ensure that the information is consistent from local jurisdiction to local jurisdiction and from county to county, the Department of Revenue requires that each board complete the following two forms for each meeting:  Board of Appeal and Equalization Certification Form – must be completed and signed to verify that the quorum and training requirements were met and to provide a summary of board actions; and  Board of Appeal and Equalization Record Form – must be completed to provide a detailed report of the proceedings of the board. The county assessor will provide these forms to the board. The board will complete the forms (the jurisdiction total EMV is to be completed by the assessor), and the county assessor will take possession of the completed forms at the end of the meeting. A Certification Form must be completed in the case of a reconvene meeting. If a recess is called, a quorum and trained member must also be present at the reconvene meeting for the board to take valid action. To verify that the quorum requirement was met, the board must complete and sign a Certification Form for each reconvene meeting. The board will continue to complete the original Record Form at each reconvene meeting. The reconvene meeting(s) must be held and all business of the local board must be concluded within 20 calendar days (including the day of the initial meeting) unless the board requests a time extension in writing from the Department of Revenue and the time extension is granted by the department (no extensions will be granted beyond May 31). For county boards, no action may be taken after June 30. The date and time for the reconvene meeting must be determined before the initial meeting is recessed. Once the Board of Appeal and Equalization has adjourned, it cannot reconvene. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 21 13 Role of the local board in the assessment process Duties of the board The board is to determine whether all of the taxable property in the jurisdiction has been properly valued and classified for the current assessment. All property is to be valued at its market value, and all property is to be classified according to use. At the county level, the board is to ensure equalization from jurisdiction to jurisdiction as well. The county board is required by law that each member take an oath to fairly and impartially perform duties as a member. It is assumed that the assessor has properly valued and classified all the property in the jurisdiction. The burden of proof rests with the property owner who must present factual evidence to disprove the assessor’s value or classification. The complaints and objections of property owners appealing individual assessments for the current year should be considered very carefully by the board. An appeal may be made in person, by letter, or through a representative of the owner. Written objections should be filed prior to the meeting of the Board of Appeal and Equalization and must be presented to the board for consideration while it is in session. The board must hear all complaints and examine all letters. Such assessments must be reviewed in detail, and the board has the authority to make corrections as it deems to be just. The board may recess from day to day until all cases have been heard. The board should look for improvements that are not on the tax rolls. When improvements are missing from the tax rolls, an unfair burden falls upon the owners of all properties that have been assessed. If the board finds any improvements that are not on the tax rolls, the board should place it on the assessment list along with its market value, and correct the assessment so that each tract or lot of real property and each article, parcel or class of personal property is entered on the assessment list at its market value. Prohibition on changes within 10 days of local board meeting Since the Notice of Valuation and Classification must be mailed to taxpayers at least 10 days prior to the meeting of the Local Board of Appeal and Equalization, the assessor should not make changes to the valuation or classification of a property within that 10-day window without bringing the change to the local board for action. After receiving the notice, the property owner can contact the assessor to discuss questions or concerns. The assessor can make changes to the valuation or classification without bringing the change to the local board if a new notice is mailed to the property owner at least 10 days prior to the local board meeting. Oftentimes, the assessor will continue to review properties within 10 days of the local board meeting. However, if the assessor makes a change, that change should be brought to the local board for action. If the property owner agrees with the change, he/she does not need to personally appeal to the board. Instead, the assessor should present such changes to be voted on by the board. What the board can do Reduce the value of a property. The board may reduce the value of a property if the facts show that the property is assessed at a value that is higher than its market value. All property is to be valued at its market value. It is assumed that the assessor has properly valued the property. The burden of proof rests with the property owner who must present factual evidence to disprove the assessor’s value. Increase the value of a property. The board may increase the value of a property if the facts show that the property is assessed at a value that is lower than its market value. The board must also base the decision to increase the market value on facts. All property is to be valued at its market value. It is assumed that the assessor has properly valued the property. The board must rely on factual evidence to disprove the assessor’s value. Before the board raises the market value of a property, it must notify the owner. The law does not prescribe any particular form of notice, except that the person whose property is to be increased in assessment must be notified of the intent of the board to make the increase. The owner must be notified either in writing or orally. He/she should be given a time to appear before the board. After the hearing, the board should make any corrections that it deems just. Add improvements to the assessment list. In reviewing the individual assessments, the board may find instances where property is not listed at its market value because the value of a building or other improvement was not included when the market value of the property was LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 22 14 Role of the board in the assessment process estimated. These should be carefully reviewed by the board and placed on a tentative list of property values to be increased. The board should then determine to what extent the valuation of such property should be increased. Before the board adds value for new or overlooked improvements, it must notify the owner. Change the classification of a property. In Minnesota, property is classified according to its use on the assessment date (January 2 of each year). If the property is not currently being used, it is classified according to its most probable, highest and best use. Property owners do not get to choose how they want their property to be classified. It is the assessor’s job to classify it according to its current use or its most probable, highest and best use. The board can change the classification of any property which in the board’s opinion is not properly classified. Again, it is assumed that the assessor has classified the property correctly. The classification must be based on use, and in order for the board to change the classification, the appellant must present evidence that the property is used in a manner consistent with the classification. Local Boards Only: Add properties to the assessment list. If the board finds that any real or personal property has not been entered onto the assessment list, the board shall place it on the assessment list along with its market value, and correct the assessment so that each tract and lot of real property and all personal property is entered on the assessment list at its market value. County Boards Only: Order percentage increases or decreases for an entire class of property (blanket changes). The county board can order a percentage increase or decrease to an entire class of property if it feels that the original assessment is incorrect. These increases or decreases can be on land alone, buildings alone, or land and buildings together. The county board does not need to notify the property owners affected by blanket changes. Additionally, the county board has the authority to make changes to market values or classifications established by local boards as it deems appropriate. The County Assessor typically brings these changes to the county board’s attention. What the board can’t do The board can’t consider prior year assessments. The Board of Appeal and Equalization does not have the authority in any year to reopen former assessments on which taxes are due and payable. The board considers only the assessments that are in process in the current year. Occasionally, a property owner may appear with a tax statement and protest the taxes or assessment of the previous year. The board should explain tactfully that it does not have the authority to consider such matters. After taxes have been extended, adjustments can be made only by the process of application for abatement or by legal action. The board can’t reduce the aggregate assessment by more than 1 percent. Although the both Local and County Boards of Appeal and Equalization have the authority to increase or reduce individual assessments, the County Board alone can increase or reduce the assessments of an entire class of property. However the total of all adjustments for both local and county boards must not reduce the aggregate assessment of the jurisdiction by more than 1 percent. The “aggregate assessment” is the total EMV that the board has the authority to change, i.e. the total EMV of assessments within the jurisdiction excluding state assessed property. For example, if the total EMV of a jurisdiction is $2,000,000, the board cannot reduce the total EMV of the jurisdiction by more than $20,000. This means the EMV after all board actions must be at least $1,980,000. If the total amount of adjustments made by the board does lower the aggregate assessment by more than 1 percent, none of the adjustments will be allowed. This limitation does not apply, however, to the correction of clerical errors or to the removal of duplicate assessments. Clerical errors are limited to errors made by someone performing a clerical function during the course of the actual assessment. Examples of clerical errors are errors such as transposing numbers or mathematical errors. Errors that occur when making estimations during the inspection and appraisal process (judgment errors) are not considered to be clerical errors. The board can’t exempt property. The Board of Appeal and Equalization does not have the authority to grant an exemption or to order property removed from the tax rolls. Assessor’s EMV + Total board EMV increases - Total board EMV reductions EMV after board actions LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 23 15 Role of the local board in the assessment process A member of the board can’t make changes to property in which he/she has a conflict of interest or financial interest. If a property being appealed is owned by a board member, a board member’s spouse, parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew, or niece, by blood or marriage, the board member is prohibited from participating in the actions of the board for that appeal. The board member is also prohibited from participating in an appeal of a property in which a board member has a financial interest. If the remaining members constitute a quorum, the board may vote on the action with the compromised board member abstaining from the vote. Otherwise, or if the board wishes to prevent any perception of preferential treatment, it should mark “No change” on the record form for the meeting. The taxpayer will be eligible to appeal to the next appeal level (County Board, Tax Court). The board can’t grant special program status. If a property owner is appealing for enrollment in special programs that require an application (e.g. Green Acres), they must follow the proper application procedure. The local board can’t make changes benefiting a property owner who refuses entry by the assessor. The board may not make an individual market value adjustment or classification change that would benefit the property in cases where the owner or other person having control over the property will not permit the assessor to inspect the property and the interior of any buildings or structures. The county board is not statutorily precluded from making a change based on the property owner’s refusal to allow the assessor access to view the property. However, simply because the statute does not explicitly preclude the county board from making such a change, it is strongly recommended that the county board not grant any reduction in value until the property owner has allowed the assessor access to view the property. It seems obvious that for an assessor to make a fair and knowledgeable value estimate, he/she must first be allowed to view the entire property. Until such access is granted, the county board should not grant a value reduction. The local board can’t order percentage increases or decreases for an entire class of property. The county board can’t add properties to the assessment list. It can request that the auditor place such omitted properties on the tax rolls. Recommendations for board members Become familiar with sales information prior to board meeting Most board members are not necessarily aware of current trends in the real estate market or trained in the field of appraisal. Therefore, advance preparation is essential to making informed, fair decisions on the appeals heard by the local board. The county assessor (or the local or city assessor in some instances) should provide information on the real estate market in advance of the board meeting. If this information is not provided, the board should request that the assessor provide the information at least one week prior to the meeting so board members have time to review it. The following are examples of the type of data that the assessor may provide for the board to use when determining if an adjustment is necessary. This is not an all-encompassing list, and depending on the jurisdiction, it may or may not be necessary for every board to have all the items on the list. The board should work with the assessor to determine the specific information to be supplied to the board.  Information on sales within the district that occurred in the previous year.  Valuation tables of land types.  Copy of the values from the mini-abstract for the district (current year and prior year).  Printout of parcel listings for the district with the values.  Review of the current statutory classifications and the corresponding class rates.  Review of value changes by property type in the district. The board should also be prepared to request additional background information and to ask questions of the assessor in order to assist with the board’s deliberations. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 24 16 Legal and policy reasons for fair and impartial appeal and equalization hearings As a board member, you should review the information provided by the assessor. If you have any questions about the materials, please be sure to contact the assessor. Being knowledgeable about the real estate market is the key to making informed and fair decisions. Duties of the clerk – Local Boards The town or city clerk plays an important role in the Local Board of Appeal and Equalization process. The following is a brief list of the duties of the clerk pertaining to the local board meeting:  Work with the county assessor to establish the meeting date(s) for the local board;  Publish and post notice of the meeting at least 10 days prior to the date of the (Minnesota Statutes, Section 274.01, subdivision 1);  Ensure that a quorum will be present;  Provide a sign-in sheet for appellants;  Take minutes of the meeting as part of the town or city record; and  Return all necessary records to the county assessor in a timely manner. In some jurisdictions, various duties of the clerk may be performed by the city or county assessor or the assessor’s staff. In these instances, it is recommended that the clerk be aware of and monitor these duties to ensure they are completed. Legal and policy reasons for fair and impartial appeal and equalization hearings Legal reasons for fair and impartial local board meetings Minnesota Statutes, Section 274.01, subdivision 1, paragraph (b) states: “The [local] board shall determine whether the taxable property in the town or city has been properly placed on the list and properly valued by the assessor.” Minnesota Statutes, Section 274.13, subdivision 1 states: “The [county] board shall examine and compare the returns of the assessment of property of the towns or districts, and equalize them so that each tract or lot of real property and each article or class of personal property is entered on the assessment list at its market value…” This means that any action taken by the board must be done in an effort to ensure that all taxable property in the jurisdiction has been properly valued and classified by the assessor. It is assumed that the assessor has correctly valued and classified all property. The burden of proof rests with the property owner who must present factual evidence to disprove the assessor’s valuation or classification of the property. Minnesota Statutes, Section 273.11, subdivision 1 requires that all property be valued at its market value. The assessor is required to value all property at market value, and the Board of Appeal and Equalization also must keep this in mind when adjusting market values. The board is to hear all appeals and act in a manner that is just. Minnesota Statutes, Section 274.01, subdivision 1, paragraph (b) states: “On application of any person feeling aggrieved, the board shall review the assessment or classification, or both, and correct it as appears just.” To act in a just manner, the board must only make changes that are based on facts. County Boards of Appeal and Equalization are required by Minnesota, Statutes, section 274.13 to take an oath to fairly and impartially perform their duties. 2 LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 25 17 Legal and policy reasons for fair and impartial appeal and equalization hearings A sample of the oath is as follows: “I, <board member’s name>, will solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully execute and discharge the duties of the <county name> Board of Appeal and Equalization according to law and to the best of my ability and understanding.” The oath may be administered by a district judge or the clerk of the court and underscores the importance of acting fairly and impartially on all appeals brought before the county board. Policy reasons for fair and impartial board meetings Property owners expect and deserve a fair and impartial hearing. Serving as the Board of Appeal and Equalization is an important duty. It is very important that the meeting be conducted in a fair and impartial manner, or the property owner’s confidence in the entire appeal process will be undermined. In order for the property owner to receive a fair and impartial hearing, the property owner must have an opportunity to present his/her appeal and provide evidence to support it. Then the assessor should explain his/her valuation or classification. It is assumed that the assessor has valued and classified the property correctly, and the burden of proof rests with the property owner, who must present factual evidence to disprove the assessor’s value or classification. Then the local board must take the appeal under consideration. An educated board is the key to a fair and impartial hearing. A board that is knowledgeable about the local real estate market does not simply “rubber stamp” the assessor’s value but makes independent decisions based on facts. It is important that the property owner does not perceive the outcome to be predetermined or believe that the board is “defending” the assessor’s value. This does not mean that the board should not uphold the assessor’s value. It does mean that if the local board changes the assessor’s value or classification, it must be based on the facts presented. A fair and impartial hearing does not necessarily mean that the property owner is granted the value reduction or classification change that he/she is seeking. Receiving a fair and impartial hearing only means that the owner had the opportunity to present his/her appeal, the board considered the appeal and based its decision on facts. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 26 18 Board meeting procedures that foster fair and impartial assessment reviews and other best practices recommendations Board meeting procedures that foster fair and impartial assessment reviews and other best practices recommendations Each board meeting is conducted differently. While there are not any specific statutory guidelines for conducting the meeting, this chapter will outline meeting procedures that foster fair and impartial assessment reviews. Also included in this chapter are best practices recommendations. We acknowledge that some jurisdictions may have bylaws or rules of procedures that may preclude some of these recommendations. Keep in mind that these are recommended procedures for the boards, and they are not intended to contradict such rules or bylaws. It is up to each board to determine which procedures are most appropriate for its Board of Appeal and Equalization meeting. Meeting procedures The board should run the meeting The board should take charge of the meeting. It is not the assessor’s meeting. The board is intended to be a fair and impartial review of the assessment. The assessor should realize that the appeal decisions are not in his/her hands. The board’s decisions are between the board and the appellant. The assessor is not on trial for his/her work. The board should not critique the assessor’s performance or blame the assessor for increasing values (or taxes). Assessors should try not to become too personally involved with the decisions and remember that they have already done their best job. It is now the task of the local board to review the facts and make decisions as it deems just. Establish ground rules for the meeting Before hearing any appeals, the Board Chair should outline the ground rules for the meeting. The ground rules set the tone for the meeting. The specific ground rules may vary for each board but should include:  The purpose of the meeting;  A reminder to property owners that only appeals for the current year valuation or classification can be made – taxes or prior years’ assessments are not within the jurisdiction of the board;  A reminder to property owners that they may only appeal the estimated market value (EMV), and that the appeals process is concerning this amount - not tax amounts;  An explanation of the order of the appellants (will it be by appointment first, followed by walk-ins on a first-come basis, etc.);  The expectations of the appellant when presenting his/her appeal (the appeal must be substantiated by facts; where the appellant should stand or sit; the appellant should be prepared to answer questions posed by the board, etc.);  The time limits imposed (if any); and  The procedure the board will follow for making decisions (will the board hear all appeals before making any decisions, will the board send a letter to appellants to inform them of the decision, etc.). The Board Chair should give the assessor the opportunity to present a brief overview of the property tax process and a recap of the current assessment. Appellants should then present their appeals. If the assessor has had a chance to review the property prior to the meeting, the assessor can present facts and information to the board to support the valuation or classification or recommend that the board make a change. If the assessor has not had a chance to review the property prior to the meeting, the assessor can present such information to the board at the reconvene meeting. 3 LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 27 19 Board meeting procedures that foster fair and impartial assessment reviews and other best practices recommendations All proceedings must be public The board meetings are subject to the open meeting law. The open meeting law requires that meetings of governmental bodies generally must be open to the public. Therefore, all board proceedings must be public. Board members should not leave the meeting to the assessors while they talk about other business. Board members should not confer with each other, the assessor, or appellants regarding appeals in question outside the board meeting(s). Make appellants feel comfortable Presenting an appeal to the Board of Appeal and Equalization can be intimidating for appellants. The goal of the board should be to make the appellant feel comfortable, not intimidated. To make the appellant more comfortable when presenting an appeal to the board, it is recommended that the appellant sit (or stand) in front of the board and present directly to the board rather than having the appellant speak and address all present in the audience. This not only allows the appellant to be more comfortable, but also decreases the potential that an angry “mob” will form at the meeting. Dealing with angry or difficult property owners The following are some tips that may be helpful when dealing with an angry or difficult property owner:  Always treat the property owner with respect;  Listen to the property owner;  Speak calmly and keep your body language calm;  Encourage the property owner to discuss his/her concerns;  Do not get defensive;  Keep things on a positive level;  Avoid blaming statements (“You…”);  Keep the conversation focused on the issue, not personalities (“The assessor doesn’t like me,” etc.);  Clarify the problem;  Acknowledge the property owner’s concerns;  Show empathy for the property owner;  Emphasize collaboration (“Let’s see if we can find a solution to this problem.”);  Let the property owner know that you will be reviewing the facts of the case; and  End the property owner’s presentation by acknowledging in a tactful manner that you’ve heard what he/she has to say and will consider the matter. If things get too heated, it may be a good idea to suggest a short break so the parties can calm down. Do not let things get out of hand before informing the authorities. If the board is anticipating any problems, it may be a good idea to inform local law enforcement of the meeting in advance. Do not take threats or someone talking about violence lightly. Safety should be your main concern. If you feel threatened, call the authorities. Oftentimes, property owners are frustrated by the process because they are unsure about how to appeal to the local board. To reduce their frustration, it is recommended that the local board let them know what they will need to do to substantiate their appeal (see “Handouts for property owners” section in the Appendix for information local boards may supply to property owners). The Notice of Valuation and Classification will direct property owners to the Minnesota Department of Revenue website (http://www. revenue.state.mn.us) for information on the appeal process and how to substantiate appeals. Many counties also have information on their websites concerning how to appeal, property information, frequently asked questions, etc. If your county website does have information relating to assessment or property taxes, it is a good idea to become familiar with this information so you can refer property owners to it. Hearing appeals The Board Chair should call the appellant. The board must be attentive when the appeals are being presented. Take the time to listen to the person presenting the appeal, but do not let the appellant dominate the meeting. After an appellant has presented his/her case, the chair should ask the assessor to explain how the value and/or classification was determined. To keep things moving and to conduct a fair meeting, any time limits imposed on an appellant should also be imposed on the assessor. The board should ask questions of the appellant and the assessor if more information is needed. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 28 20 Board meeting procedures that foster fair and impartial assessment reviews and other best practices recommendations The final closing of a meeting, such as a meeting of the board of directors or any official gathering. Adjourn is not to be confused with “recess,” which means the meeting will break and then continue at a later time. Adjourn Depending on the procedure that the board is following, the chair should either:  Have the board make a decision on the appeal; or  Inform the appellant that his/her concern will be taken into consideration and let the appellant know when a decision will be made, as well as how he/she will be informed of the board’s decision. Review process, not value-reduction process The appeal process is a review process and not just a value-reduction process. The Board of Appeal and Equalization is an important step in maintaining an equitable property tax system. It is vital that the board members take this responsibility seriously. Any value changes – increases or decreases – must be justified as value changes have the effect of shifting the tax burden to other property owners in the jurisdiction. The purpose of the board is to ensure equality between taxpayers so that each taxpayer is paying the fair share of taxes – no more, no less. Keeping in mind that a reduction in estimated market value may not reduce taxes, and sharing this information with appellants, may help set the proper tone for the meeting. Therefore, it is not incumbent upon the board to reduce the value of all individuals who appeal to the board, as that may be unfair to the property owners who have not appealed. The board should not give reductions to people just for “showing up.” It is assumed that the assessor has properly valued and classified all property in the jurisdiction. The burden of proof rests with the property owner who must present factual evidence to disprove the assessor’s value or classification. All changes made by the board must be based on facts. Recess or adjourn The board may not take action after adjourning. All issues must be resolved before the meeting is adjourned. If issues still need to be considered, the board should recess until the next meeting. For county boards, the next (reconvene) meeting must be held within the ten-day time limit for the board and no later than June 30. For local boards, the reconvene meeting must be held within 20 calendar days (including the day of the initial meeting) unless the local board requests a time extension from the Department of Revenue, and the time extension is granted by the department. The date and time for the reconvene meeting must be determined before the initial meeting is recessed. Once the Board of Appeal and Equalization has adjourned, it cannot reconvene. Decisions It is the board’s duty to review the facts and make corrections as it deems just. It is not appropriate to turn the decision over to the assessor. The board should not order the assessor to review the property and change the value or classification and then adjourn. In this instance, the issue is not resolved. The board may ask the assessor to review the property and report back to the board at a reconvene meeting. Ultimately, it is the board that must make any adjustments. All decisions should be adopted by a formal vote. Options for decisions include:  No change;  Lower the value;  Raise the value;  Notify a property owner of intent to raise the value;  Change the classification; or  Have the assessor inspect the property and report to the board (within the appropriate meeting timeframe). A break in a meeting or proceedings until a certain date and time. Recess is not to be confused with “adjournment,” which ends the proceedings. Recess LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 29 21 Board meeting procedures that foster fair and impartial assessment reviews and other best practices recommendations There are certain circumstances, such as appeals involving contamination values or income-producing properties, that may require more than the given time for the assessor to review. In such instances, a local board may decide to vote “no change” and forward the appeal to the County Board of Appeal and Equalization. There also may be circumstances involving complicated appeals, in which the board may review the information presented and not be able to determine if the assessor’s value should stand or if the property owner’s evidence justifies a value or class change. If the board is faced with a situation in which it is not sure how to rule based on the facts presented, the proper decision would be “no change.” In these instances, the board should keep in mind that the taxpayer can appeal to Tax Court. For local boards:  The property owner can appeal to the county board or he/she can take the case to Tax Court; and  The county assessor can ask the county board to review the property value or classification if he/she believes that the local board change was not justified. Appeals must be substantiated by facts Appeals must be based on facts. The property owner must present supporting evidence to convince the board that the current year valuation or classification is incorrect. The supporting evidence can be presented either in person, through a letter or through an authorized representative. The property owner should describe the property, how the property is used, as well as its current condition. Photos can be very helpful in illustrating the condition of the property. The property owner should review the assessor’s data on the property to make sure that it is correct. The property owner should also review recent property sales in the area. At the assessor’s office, the property owner can review Certificates of Real Estate Value (CRVs) for properties in the area. Other evidence such as a recent appraisal may also be helpful information to present. The property owner should keep in mind that taxes are not the issue. The board should not consider arguments based on the ability of the taxpayer to pay, services received for taxes paid or tax equalization. Given the broad spectrum of tax capacity rates, tax classifications and state credit programs that apply to various properties throughout the jurisdiction, tax comparisons are misleading. To strengthen their appeal, property owners should present evidence about the property’s value or classification, not how much they are paying in taxes. Property in Minnesota is classified according to its actual use, such as commercial, agricultural, or residential homestead, not zoning. Property owners disputing the classification need to present information that proves how they use the property. For example, a property is classified as residential. The property owner believes that his/her property is eligible for the agricultural classification and appeals to the board. In order for the board to change the classification to agricultural, the owner must prove that the property is used agriculturally and meets the statutory requirements of the agricultural class. As a board member, you should be objective and be sure that any changes are based on facts. Do not recommend changes without any supporting documentation. Do not recommend changes for all people who appeal to the board (unless each appeal can be substantiated). Simply taking the time to appeal is not a valid reason for adjusting the market value or changing the classification of a property. Always keep in mind that any reductions that the board may make will have the effect of shifting the tax burden to other property in the jurisdiction. The amount the jurisdiction levies will not change when values are increased or decreased; only the amount paid by each taxpayer changes. For information on the appeal process and how to substantiate an appeal, you can direct property owners to the Minnesota Department of Revenue website (http://www.revenue.state.mn.us). If your county website also contains additional information such as how to appeal, property information, frequently asked questions, etc., it is a good idea to become familiar with this information so you can refer property owners to it. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 30 22 Board meeting procedures that foster fair and impartial assessment reviews and other best practices recommendations Best practices recommendations Have appellants call for appointments It is recommended that the board hear appeals on an appointment basis. The Notice of Valuation and Classification sent to all taxpayers to notify them of their property value and classification can instruct appellants to call for an appointment with the board. Appointments benefit the board, the assessor and the appellant. Appointments give the board an idea of how many property owners will be appealing, so the board can manage their time appropriately. It gives the assessor time to assist in the board’s deliberations by reviewing the property and collecting supporting data or recommending that the board make a change. Appellants also benefit because they need only come to their scheduled appointment and do not have to spend time listening to other appellants. In some instances, property owners call to schedule appointments with the local board, and the appeal is avoided altogether because the issue can be resolved easily by the assessor’s staff. Property owners who call for appointments can also be given information on preparing and presenting an appeal so they will know what to expect at the meeting (see “Handouts for property owners” section in the Appendix). In addition to hearing appeals by any appellants who scheduled appointments, the board also must hear any appeals by property owners who come to the meeting without having scheduled an appointment prior to the meeting. (Unless extenuating circumstances apply, the property owner must first appeal to the local board before appealing to the county board.) When outlining the ground rules for the meeting, the board chair should inform the appellants that the board will be hearing appeals from those who have scheduled appointments first, and then the board will be hearing appeals by others (in the order listed on the sign-in sheet). Time limits for presenting appeals Time limits can help to keep the meeting moving. Time limits may be more appropriate in jurisdictions with a significant number of people appealing their valuation or classification. If there are only a few people at the meeting, time limits may not be necessary. If there are several appellants, it may be beneficial to establish a time limit for each appeal. If time limits are established, they should be included in the ground rules that are outlined at the beginning of the meeting. Whether or not a time limit is established, it is the responsibility of the board chair to keep the meeting moving. If an appellant goes on at length about a specific point, the Board Chair should intervene – in a professional manner – to keep the meeting on track. The chair should ensure that appellants stick to their time allotments. If the appellant discusses taxes or previous assessments, the Board Chair should remind him/her tactfully that the issue is the current year valuation or classification. If the board determines that time limits are appropriate for appellants, it also should impose time limits for the assessor to support his/her valuation or classification or recommend that the board make a change. Hear all appeals first It is recommended that the board hear all appeals before making any decisions. The board should make all decisions later in the meeting or at the reconvene meeting (within the appropriate meeting timeline) if it is determined that the assessor should view the property or if the board requests additional information from the assessor. If a reconvene meeting is necessary for the assessor to report back to the board, it should be limited to appeals made at the initial meeting. The reconvene meeting is typically not for hearing a property owner’s initial appeal. Hearing all appeals first gives the board an opportunity to get a better understanding of what happened in the district, so it can make consistent recommendations. It eliminates situations where the board feels obligated to respond in a certain manner to one property owner because of an earlier decision. It also speeds up the process for appellants as they may leave after they present their appeal. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 31 23 Quorum requirements for boards Conducting other business at the board meeting It is best to hold a special meeting for the Board of Appeal and Equalization and not conduct the regular council meeting (or other business) at the board meeting. However, due to the low attendance in some jurisdictions, conducting other business at the meeting may be an acceptable practice if handled appropriately. If other business is also to be conducted at the meeting, the time listed on the Notice of Valuation and Classification should be the start time for the appeals portion of the meeting. You should conduct other business either before the meeting (table any discussion if not completed when it is time for the Board of Appeal and Equalization) or after the meeting (allow any late arrivals to present their appeal even if the board has moved on to other business). There have been instances in the past where the board members have held their regular meeting in one part of the hall, and the assessor has been told to meet with appellants in another area. This is not an acceptable practice. It is the responsibility of the board to hear the appeals and the facts presented to make an informed and fair decision. Notifying property owners of decisions It is recommended that all appellants be notified in writing of the decision of the board, even if the appellant was present for the decision. Given the recommended format of hearing all appeals before making any decisions, appellants may choose not to stay for the entire meeting. A letter notifying appellants of the decisions ensures that they understand and are aware of the action, if any, taken by the board. It is also an opportunity to notify appellants of additional appeal options if they are not satisfied with the board’s decision (see “Recommended format to notify appellants of board decisions” in the Appendix). Quorum requirements for boards Quorum must be present A majority of the voting members of the Board of Appeal and Equalization must be in attendance in order for any valid action to be taken. When a board meets and conducts business without a quorum, it is conducting an illegal meeting. This means that any changes made by a board which does not meet the quorum requirement are null and void. What constitutes a quorum? Quorum requirements differ depending on the type of body that is meeting. Per Minnesota Statutes, Section 274.01, subdivision 1, paragraph (a), the town board of a town, or the council or other governing body of a city is the Local Board of Appeal and Equalization. Except for the following situations:  Cities whose charters provide for a board of equalization;  Cities or towns that have transferred their local board duties to the county (see Chapter 5);  Cities with Special Boards of Appeal and Equalization appointed by the governing body (see Chapter 5); or  Cities or towns whose local board duties have been transferred to the county due to noncompliance with the training requirements. 4 The number of people required to be present before the members at a meeting can conduct business. For the Board of Appeal and Equalization, a majority of the voting members of the board must be present to meet the quorum requirement. Quorum LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 32 24 Quorum requirements for local boards Townships: Per Minnesota Statutes, Section 366.01, subdivision 1, the supervisors of each town constitute the town board. Two supervisors constitute a quorum at a town board meeting unless the town is operating under “option A,” which means it has a five-member board of supervisors. In the latter case, three supervisors are required to meet the quorum requirement. City councils: According to Minnesota Statutes, Section 412.191, the city council in a standard plan city shall consist of an elected mayor, an elected clerk, and three or five elected council members (which means these cities have either five or seven voting members). In optional plan cities, the city council consists of an elected mayor and four or six elected council members (which means these cities have either five or seven voting members). In all statutory cities, the mayor is a voting member of the council and must be counted when determining whether a quorum is present. A majority of the voting members must be present to meet the quorum requirement. Charter cities may provide that a different number of council members constitute a quorum. Special boards: Appointed by the governing body of a city, a majority of the voting members must be present in order to meet the quorum requirement. County commissioners serve as the County Board of Appeal and Equalization: The number of commissioners is either five or seven. (Generally, there are five members; however, counties with more than 100,000 in population may, by board resolution, increase their county board from five to seven members.) When the county board is serving as the County Board of Appeal and Equalization, the county auditor is also a voting member. If there are six total voting members, at least four must be present to meet the quorum requirement. If there are eight total voting members, at least five must be present to meet the quorum requirement. If a quorum is not present, the meeting cannot legally be held. The County Board of Appeal and Equalization will be transferred to a special board for the next assessment for failure to comply with the quorum requirement. A county board whose powers are transferred to the special board for failing to meet either the training or quorum requirement may be reinstated by resolution of the county board and upon proof that at least one of the county board’s members has attended the appeals and equalization course. The resolution and proof must be provided to the commissioner of revenue by December 1 to be effective for the following assessment year. Note: The citation for the appeals and equalization course and meeting requirements for county boards is Minnesota Statutes, Section 274.135. County commissioners appoint a Special Board of Equalization: The county board of any county may appoint a Special Board of Equalization and delegate its powers and duties to this special board. The special board of equalization serves at the direction and discretion of the appointing county board, and is subject to the restrictions imposed by law on the appointing board. The appointing board may determine the number of members to be appointed to the special board, the compensation and expenses to be paid, and the term of office of each member. At least one member of the special board must be an appraiser, real estate agent, or other person familiar with property valuations in the county. For a special board, the county auditor is a nonvoting member and serves as the recorder. When a quorum is not present Each year, there are numerous complaints from property owners who have taken time off from work – or simply taken their personal time – to attend a board meeting only to find that the meeting cannot take place due to the lack of a quorum. When a local board does not meet because a majority of the members are not present, it sends a message to property owners that the board does not value their time. It also sends the message that the board does not take the responsibility of serving as the Local Board of Appeal and Equalization seriously. Rather than simply sending home angry and frustrated property owners, the assessor changes the format to an “open book” meeting. Property owners can discuss their issues one-on-one with the assessor or the assessor’s staff. If they are not satisfied with the outcome, they can appeal to the County Board of Appeal and Equalization. This assures that the time property owners set aside to appeal to the local board is not wasted. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 33 25 Explanations of alternate methods of appeal If a county or special board of appeal and equalization fails to satisfy quorum or training requirements, owners and taxpayers who would have appealed to the board can appeal to the Commissioner of Revenue before August 1. A fee of $500 per tax parcel that is appealed will be assessed to the county. Arrive on time for the meeting It is also very important that the board members and all required attendees (county assessor, local assessor, clerk, auditor, etc.) arrive at the meeting on time and that the meeting begins at the scheduled time. This shows respect for the people who are appealing to the board, and also shows that their time is valued. Explanations of alternative methods of appeal Open Book Meetings Role of the board in the assessment process Traditionally, open book meetings have been scheduled for jurisdictions in which the Local Board of Appeal and Equalization duties have been transferred to the county. During “open book” meetings, the valuation and classification issues are handled by the assessor’s staff on a one-on-one basis with the property owner. Typically, open book meetings are held by the county assessor’s staff. However, larger cities with an appointed city assessor may hold their own open book meetings. The open book meetings are held in locations that are convenient for property owners. Often open book meetings are held over several days during both day and evening hours. This allows property owners to appeal when it best suits their schedules instead of having to rearrange their schedules to attend a meeting held at one place and time. The open book meetings provide a forum for property owners to meet with assessment staff on an informal basis to review information about their property and to ask questions about the assessment. This setting allows the assessor’s office to resolve questions and reduce the number of appeals to the County Board of Appeal and Equalization (or the Special Board of Equalization). Property owners do not need to make an appointment to meet with the assessment staff. They can simply show up at the dates and times stated on the Notice of Valuation and Classification to discuss their assessment. Depending on the jurisdiction, the appraisers may have laptop computers to access information about the taxpayer’s property. Some counties may be able to link directly to their computer-assisted mass appraisal (CAMA) system which allows the appraiser to obtain data on sales of comparable properties. When reviewing the details of the property with the owner, the appraiser can verify the accuracy of the county’s data and correct any errors. The property owner can also schedule an appointment for the appraiser to view the property if needed. Benefits for the property owner Property owners often find that the open book meeting is less intimidating than presenting their appeal to the board of appeal and equalization. They often appreciate the fact that they can have their questions answered in a more private setting, and not have to be apprehensive about making a presentation in front of their friends and neighbors. In this one-on-one setting, property owners may spend as much time with the appraiser as they need. They can compare the value of their home with the values of similar homes owned by their neighbors. An open book meeting is a meeting held by the county assessor’s office to discuss property owners’ questions regarding their assessments. The one-on- one meeting usually is held as an alternative to the Local Board of Appeal and Equalization. Open book meetings 5 LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 34 26 Explanations of alternate methods of appeal The process is very efficient because concerns and questions are often resolved immediately. Property owners can see that the appraiser collects the same information on all properties, reassuring them that the process is the same for everyone, and they have not been singled out for a value increase. Property owners who are not satisfied with the “open book” approach may appeal to the County Board of Appeal and Equalization (or Special Board of Equalization) and/or appeal to Tax Court. It is only a recommendation that the property owner attend the open book meeting to discuss concerns prior to the county or special board. If a jurisdiction does not have a Local Board of Appeal and Equalization, the property owner is not required to attend an open book meeting in order to appeal to the County Board of Appeal and Equalization (or Special Board of Equalization). Benefits for the local board The benefit for the local board is that an open book meeting saves time for board members. It eliminates the need for the board to become familiar with and educated on the local real estate market. Board members will be able to spend this time concentrating on their other duties as town board or city council members. In addition, board members can avoid confrontational situations with constituents and will no longer be put into difficult situations by having to make decisions about the property values or classifications of property owned by friends and neighbors. However, one possible disadvantage is that the assessor who made the original assessment may also be reviewing the property for the open book appeal. Objectivity (or the appearance of objectivity) may be lost. Benefits for the county While the number of appeals made at the open book meeting may not be less than the number of appeals to the local board, the benefit for the county is that the open book process allows for immediate consideration of issues, and in many cases, appeals are resolved before the County Board of Appeal and Equalization. The process is efficient for the county because it can often consolidate several jurisdictions into one meeting (or a series of meetings) instead of holding at least one meeting in each jurisdiction. Option 1: Transferring assessment and local board duties to the county The town board or city council may transfer the powers and duties of the Local Board of Appeal and Equalization to the county board (under Minnesota Statutes, Section 274.01, subdivision 3) and no longer perform the function of a Local Board of Appeal and Equalization. However, in order to exercise this option, the local jurisdiction also must have its assessment done by the county. This means that the local jurisdiction must give up its local assessor. Some jurisdictions do not see this as an option, because they have no intention of relinquishing this power to the county. For other town boards or city councils, this may be a good option. Before transferring the powers and duties to the county board, the town board or city council must give public notice of the meeting at which the proposal for transfer “Open book” meetings provide many benefits: No appointment needed. Property owners can verify or correct information about their property. Property owners can schedule a time for the assessor to view their property. The setting is less intimidating than a board meeting. The property owner does not need to “present” their appeal in front of friends and neighbors. Property owners can compare their values to the values of other similar homes. Questions and concerns are often resolved immediately. The process is very efficient. Property owners may appeal to the County Board of Appeal and Equalization (or the Special Board of Equalization) and/or to Tax Court if not satisfied with the outcome. Open book benefits for property owners LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 35 27 Explanations of alternate methods of appeal is to be considered (the public notice needs to follow the procedure contained in Minnesota Statutes, Section 13D.04, subdivision 2). A town board or city council that wishes to transfer the assessment and local board duties to the county board must communicate this intent in writing to the county assessor before December 1 of any year to be effective for the following year's assessment. This transfer of duties may either be permanent or for a specified number of years. However, the duties must be transferred to the county board for a minimum of three years, and the length of the transfer must be stated in writing. A town or city may renew its option to transfer its duties to the county board. Property owners in jurisdictions that have chosen this option would be provided with an open book meeting in place of the Local Board of Appeal and Equalization. Property owners who are not satisfied with the outcome of the open book meeting may appeal to the County Board of Appeal and Equalization and/or to Tax Court. Option 2: Transferring local board duties to the county Previously, the only option for transferring the local board duties to the county board meant that the local jurisdiction had to give up its local assessor as well. Some jurisdictions saw this option as a loss of control, and therefore, it was not considered to be an option for the city or town. The quorum and training requirements for local boards were implemented to improve the local board process so that the boards function fairly and objectively. The intent of the legislation was not to force or require a city or town to give up its local assessor. However, a jurisdiction that fails to meet these requirements must transfer the duties of the Local Board of Appeal and Equalization to the County Board of Appeal and Equalization. In this situation, the jurisdiction would lose the right to hold its local board, but it would be able to retain its local assessor. It seems unfair that a jurisdiction which voluntarily transfers its Local Board of Appeal and Equalization duties to the County Board of Appeal and Equalization must give up its local assessor, while a local board that must transfer its duties to the county board for failing to meet the training or quorum requirements may retain its local assessor. It seems appropriate that the local jurisdiction be given the opportunity to decide to forego its right to act as a Local Board of Appeal and Equalization and still maintain its local assessor. If the town board or city council deems that property owners would be best served with an open book meeting, which also would relieve the board from having to make difficult value and classification decisions, the board or council should contact the county assessor and inform him/her of the jurisdiction’s intent to be treated as though it did not meet the quorum or training requirements. It should clarify that the city or town is transferring its duties to the county board, but will retain its local assessor. The town board or city council must notify the county assessor of this decision in writing by December 1 to be effective for the following assessment year. Property owners in a jurisdiction that has chosen to transfer its Local Board of Appeal and Equalization duties to the County Board of Appeal and Equalization would be provided with an open book meeting in place of the local board. Property owners who are not satisfied with the outcome of the open book meeting may appeal to the County Board of Appeal and Equalization and/or to Tax Court. The local board can be reinstated by resolution of the governing body of the city or town and upon proof of compliance with the training requirements. The resolution and proof of compliance must be provided to the county assessor by December 1 to be effective for the following assessment year. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 36 28 Explanations of alternate methods of appeal Other alternate methods of appeal Special Boards of Appeal and Equalization - Local The governing body of a city (including cities with charters that provide for a board of equalization) may appoint a Special Board of Appeal and Equalization in lieu of a local board. The city may delegate to the Special Board of Appeal and Equalization all of the powers and duties of the Local Board of Appeal and Equalization. Town boards are not able to appoint special boards. The special board serves at the direction and discretion of the appointing body, subject to the restrictions imposed by law. The appointing body shall determine the number of members of the board, the compensation and expenses to be paid, and the term of office of each member. At least one member appointed to the Special Board of Appeal and Equalization must be an appraiser, realtor or other person familiar with property valuations in the assessment district. The special board must also meet the training and quorum requirements that a local board must meet. Special Board of Appeal and Equalization - County As mentioned in the quorum requirements section of this handbook, the county commissioners of any county can appoint a special board of equalization and delegate the powers and duties to this special board. A special board may also be required when the training or quorum requirements are not satisfied by the county board of appeal and equalization. These special boards serve at the direction and discretion of the appointing body and are subject to the restrictions imposed by law. The appointing body shall determine the number of members of the board, the compensation and expenses to be paid, and the term of office of each member. At least one member appointed to the Special Board of Appeal and Equalization must be an appraiser, real estate agent, or other person familiar with property valuations in the county. This special board must also meet the training and quorum requirements that regular boards must meet. Tax Court Minnesota has a specific court established to hear and determine all questions of law and fact arising under the tax laws of the state. The Tax Court has statewide jurisdiction. Except for an appeal to the Supreme Court, the Tax Court is the sole and final authority. The petitioner must file in Tax Court on or before April 30 of the year in which the tax is payable, not the year of the assessment. There are two divisions of Tax Court: the Small Claims Division and the Regular Division. The Small Claims Division only hears appeals in certain circumstances and is less formal. Property owners often represent themselves and there is no official record of the proceedings, meaning the decisions cannot be appealed further. The Regular Division hears all types of appeals and the decisions can be further appealed. There is a filing fee and other fees associated with appealing to Tax Court. The court is based in St. Paul, but it travels to the county where the property being appealed is located for the trial. More information is available at www.taxcourt.state.mn.us. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 37 29 Appendix Appendix Glossary Abatement – Reduction of estimated market value, taxes, costs, penalties or interest which have been erroneously or unjustly paid. Adjourn – The final closing of a meeting, such as a meeting of the board of directors or any official gathering. Adjourn is not to be confused with “recess,” which means the meeting will break and then continue at a later time. Agricultural property – Property including the house, garage, farm buildings and farm land used for raising or cultivating agricultural products for sale. Defined in Minnesota Statutes as Class 2a agricultural land. An agricultural homestead is class 2a land that is homesteaded along with any contiguous class 2b rural vacant land under the same ownership. Agricultural property may also be non-homestead. Apartment property – Residential real estate containing four or more units and used or held for use by the owner or by the tenants or lessees of the owner as a residence for rental periods of 30 days or more. Defined in Minnesota Statutes as Class 4a rental housing. City council – The legislative body of a city. The city council in a standard plan city consists of an elected mayor, an elected clerk, and three or five elected council members (which means these cities have either five or seven voting members). In optional plan cities, the city council consists of an elected mayor and four or six elected council members (which means these cities have either five or seven voting members). In all statutory cities, the mayor is a voting member of the council and must be counted when determining whether a quorum is present. Charter cities may provide that a different number of council members constitutes a quorum. Class rate – The percent of market value (as defined in Minnesota Statutes) used to determine a property’s net tax capacity. Classification – The assessor assigns a statutorily- defined classification to all property based upon the use of the property on January 2 of each year. Examples of Minnesota property classes include residential, agricultural, commercial-industrial, apartment and seasonal residential recreational. Commercial-industrial property – Property used for commercial or industrial purposes such as retail or manufacturing. Defined in Minnesota Statutes as Class 3a commercial and industrial property. Comparable property sales – Properties that have recently been sold which have similar property characteristics to a property being appraised. Computer-assisted mass appraisal (CAMA) system – A computerized system that uses statistical analysis to generate estimates of property value. County Board of Appeal and Equalization – A group of people, typically the county commissioners and the county auditor, authorized to examine, compare and equalize property assessments so that each parcel in the county is listed at its market value. Estimated market value (EMV) – This is the value that the assessor estimates the property would likely sell for on the open market. This value may be appealed to the Local Board of Appeal and Equalization, County Board of Appeal and Equalization or Tax Court. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 38 30 Appendix Exempt property – Property that is not subject to taxation. All property, real and personal, in the state is taxable except that which by law is exempt. Exemption laws are to be construed strictly, not broadly. Local or County Boards of Appeal and Equalization cannot grant an exemption. Ownership, use and necessity of ownership are key elements reviewed by the assessor when determining exemption. Highest and best use – “A principle of appraisal and assessment requiring that each property be appraised as though it were being put to its most profitable use (highest possible present net worth), given probable legal, physical, and financial constraints.” Glossary for Property Appraisal and Assessment, International Association of Assessing Officers, 1997. Home rule charter city – Any city which has adopted a home rule charter pursuant to the constitution and laws; “statutory city” means any city which has not adopted such a charter. Homestead – Property that is occupied as the principal place of residence by the owner is eligible to receive the homestead status and the market value homestead exclusion. Property may be a residential or agricultural homestead. Local assessor – An assessor who works on a contract basis for a township or city. Local Board of Appeal and Equalization – A group of people, typically the town board or city council, authorized to determine whether the assessor has properly valued and classified all parcels of taxable property located within the district. Mass appraisal – The process of valuing a group of properties as of a given date using standard methods and statistical testing. Median sales ratio – The midpoint (middle) of all the individual ratios that are included for that property type in that city or township for a sales ratio study period when they are put in order. In Minnesota, the median sales ratio should be between 90% and 105%. This means that when all sales from that study period for that property type in that city or township are put in order from smallest to largest ratio, the middle ratio should be between 90% and 105%. Net tax capacity – Determined by multiplying the class rate by the taxable market value for each property. Notice of Valuation and Classification – A notice mailed to taxpayers at least 10 days prior to the Local Board of Appeal and Equalization (generally in February or March) to inform them of their property values and classifications for the current assessment year. Minimally, the notice must include: the estimated market value for the current and prior assessment; the value of any new improvements; the amount qualifying for any deferral or exclusion; the taxable market value for the current and prior assessment; the property classification for the current and prior assessment; the assessor's office address, phone number, website and time when property information can be viewed by the public; and the dates, places and times set for the meetings of the Local Board of Appeal and Equalization, any open book meetings and the County Board of Appeal and Equalization. Open book meeting – A meeting held by the county assessor’s office to discuss property owners’ questions regarding their assessments. The one-on-one meeting usually is held as an alternative to the Local Board of Appeal and Equalization. Property characteristics – Distinguishing interior and exterior features of a property and its surroundings such as its: location and neighborhood; public or private restrictions on the property; building type and size; quality of construction; age of the structure; physical condition of the structure; and the total number of rooms, bedrooms and bathrooms. Quorum – The number of people required to be present before the members at a meeting can conduct business. For the Local Board of Appeal and Equalization, a majority of the voting members of the board must be present to meet the quorum requirement. Recess – A break in a meeting or proceedings until a certain date and time. Recess is not to be confused with “adjournment,” which ends the proceedings. Residential property – Property that is residential in nature consisting of the house, garage and land including homestead and non-homestead single-family houses, duplexes and triplexes. Defined in Minnesota Statutes as Class 1a residential homestead, Class 1b disabled homestead, Class 4b(1) residential real estate containing less than four units that does not qualify as class 4bb, Class 4bb(1) nonhomestead residential real estate containing one unit, other than seasonal residential recreational property; and Class 4bb(2) a single family dwelling, garage, and surrounding one acre of property on a nonhomestead farm. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 39 31 Appendix Rural vacant land – Property that is unplatted, rural in character and not improved with a structure unless it is a minor, ancillary and nonresidential structure. Defined in Minnesota Statutes as Class 2b rural vacant land. Rural vacant land may be part of an agricultural homestead if it is contiguous to class 2a agricultural land under the same ownership. Sales ratio study – A tool assessors use to help determine values for properties. The sales ratio study period includes sales that have occurred in a twelve month period. For the January 2, 2013 assessment, the assessor reviews sales that occur between October 1, 2011 and September 30, 2012. A sales ratio shows the relationship between the EMV and the sale price of a property. It is the EMV divided by the sales price. In Minnesota, six sales of each property type in each jurisdiction are required to complete a sales ratio study. One sale is not enough evidence for the assessor to change values. Assessors look at all sales in a study to arrive at conclusions and value estimates in mass. Seasonal residential recreational property – Real property devoted to temporary and seasonal residential occupancy for recreation purposes, including real property devoted to temporary and seasonal residential occupancy for recreation purposes and not devoted to commercial purposes for more than 250 days in the year preceding the year of assessment. Defined in Minnesota Statutes as Class 4c(1) commercial or noncommercial seasonal residential recreational property. Special Board of Equalization – A specially-appointed board established by the governing body to complete the appeals and equalization duties delegated to it. One member of the board must be an appraiser, real estate agent, or other person familiar with proper valuations in the assessment district. State Board of Equalization – The Commissioner of Revenue, serving as the State Board of Equalization, ensures assessors follow approved appraisal and assessment practices and reviews the results of the assessor’s work in estimating values. This board meets in June of every year. The board can increase or decrease values to bring about equalization on a county-, city- and township-wide basis as well as across county lines to ensure a fair valuation process across taxing districts, county lines and by property type. Statutory city – Any city which has not adopted a home rule charter pursuant to the constitution and laws; the term “home rule charter city” means any city which has adopted such a charter. Tax Court – A specific court established to hear and determine all questions of law and fact arising under the tax laws of the state. The Tax Court has statewide jurisdiction. Except for an appeal to the Supreme Court, the Tax Court is the sole and final authority. The petitioner must file in Tax Court on or before April 30 of the year in which the tax is payable, not the year of the assessment. Tax levy – The total amount of property tax revenue needed to meet a jurisdiction’s budget requirements. Tax rate – Determined by taking the total amount of property tax revenue needed (tax levy) divided by the total net tax capacity of all taxable property within the taxing jurisdiction. Tax statement – Mailed to taxpayers in March of each year, the property tax statement includes the actual tax amounts to be paid in the current year. Property tax statements for manufactured homes assessed as personal property are mailed in May of each year. Taxable market value (TMV) – This is the value that property taxes are actually based on, after all reductions, exclusions, exemptions and deferrals. Town board – The supervisors of a town constitute the town board. Unless provided otherwise, there are three supervisors. Towns operating under “option A” have five supervisors. Truth in Taxation Notice – Mailed to taxpayers in November of each year, the truth in taxation notice contains the estimated tax amounts for the following year. The statement also includes current year tax amounts for comparison purposes and notice of budget meetings. LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 40 32 Appendix Duties of local and county boards LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 41 33 Appendix How value changes affect taxes LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 42 34 Appendix Recommended format to notify appellants of board decisions [DATE] {Insert property owner’s name} {Address line 1} {Address line 2} Dear {Insert name here}: This letter is to acknowledge an appeal to the {insert jurisdiction here} Board of Appeal and Equalization regarding the value or classification of parcel number {Insert parcel number here}. The local board considered the appeal and any information presented (or supplied in the case of written appeals). As a result of its review, the local board voted to: ______ Make no change to the {YEAR} value or classification ______ Change the {YEAR} classification from _____________________ to ____________________ ______ Reduce the {YEAR} value from $ ___________________ to $ ___________________ ______ Increase the {YEAR} value from $ ___________________ to $ ___________________ Comments: If you are not satisfied with the outcome of the Board of Appeal and Equalization, you may appeal to Tax Court [local boards only: You may also appeal to the County Board of Appeal and Equalization. {Add details about scheduling appointments or how to appeal to the county board.}]. For more information on the Tax Court, go to http://www.taxcourt.state.mn.us. Sincerely, {insert name} {insert title} LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 43 35 Appendix Local Board of Appeal and Equalization Trained Member Certification Form Minnesota Statute 274.014 subdivision 3 states: “Any city or town that conducts local boards of appeal and equalization meetings must provide proof to the county assessor by December 1, 2006, and each year thereafter, that it is in compliance with the requirements of subdivision 2. Beginning in 2006, this notice must also verify that there was a quorum of voting members at each meeting of the board of appeal and equalization in the current year [emphasis added]…” Please select one of the options below and fill in the information that is needed. Upon completion please email or fax the completed form to the county assessor no later than December 1 of the current year. A DOR Property Tax Compliance Officer will be reviewing the files to be sure that all jurisdictions are complying with the submission of these forms by the December 1st deadline. If the form is not returned by December 1st, the board of appeal powers will be transferred to the county for the following assessment year. Option 1: As of December 1 of the current year, _______________________________________has verified that at (Jurisdiction Name: ex – City of Rice/Bear Twp) least one board member has attended the Board of Appeal and Equalization training in the past four years. _____________________________________ _____________________ (Name of one trained board member) (Training expiration date) _______________________________ _____________ (Jurisdiction Clerk/Admin Signature) Date ___________________________ ___________ (County Assessor Signature) Date Option 2: As of December 1 of the current year, _________________________________________ will not have a (Jurisdiction Name: ex – City of Rice/Bear Twp) trained board member therefore, we understand that under Minnesota Statute 274.014 subdivision 3 the jurisdiction will lose its board of appeal and equalization powers beginning with the following year’s assessment. The board of appeal powers will be transferred to the county until a resolution and proof of training are provided to the county assessor. _______________________________ ______________ (Jurisdiction Clerk/Admin Signature) Date ___________________________ ___________ (County Assessor Signature) Date LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 44 36 Appendix County Board of Appeal and Equalization Trained Member Certification Form Minnesota Statute 274.135 subdivision 3 states: “Any county that conducts county boards of appeal and equalization meetings must provide proof to the commissioner by December 1, 2009, and each year thereafter, that it is in compliance with the requirements of subdivision 2. Beginning in 2009, this notice must also verify that there was a quorum of voting members at each meeting of the board of appeal and equalization in the current year [emphasis added]…” Please select one of the two options below and fill in the information that is needed. Upon completion please email the completed form to Ricky Perez at ricky.perez@state.mn.us no later than December 1 of the current year. If the form is not returned by December 1st, the board of appeal powers will be transferred to a special board for the following assessment year Option 1: As of December 1 of the current year, ___________________________________, has verified that at (County Name: ex- Washington County) least one board member has attended the Board of Appeal and Equalization training in the past four years. _____________________________________ _____________________ (Name of one trained board member) (Training expiration date) _________________________ ___________ (County Auditor) Date Option 2: As of December 1 of the current year, __________________________________ will not have a (County Name: ex – Washington County) trained board member therefore, we understand that under Minnesota Statute 274.135, subdivision 3 the county will lose its board of appeal and equalization powers beginning with the following year’s assessment. The board of appeal powers will be transferred to the special board of equalization. If the county board or special board does not meet the quorum and training requirements then that person may appeal to the commissioner of revenue. The commissioner must charge and bill the county where the property is located $500.00 for each tax parcel that is appealed. ___________________________ ___________ (County Auditor) Date LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 45 37 Appendix Frequently asked questions by board members What is the purpose of the Board of Appeal and Equalization? One characteristic of the valuation (and to a lesser extent the classification) part of the property tax process is that there are subjective elements involved. Both mass appraisal and independent appraisal are inexact sciences. The property tax system has a method for property owners to appeal the decisions made by the assessor. Effective actions taken by the Board of Appeal and Equalization may potentially make a direct contribution to attaining assessment equality. Any value reductions have the effect of shifting the property tax burden to other properties, so any changes made by the board must be justified. On what basis should I make my decisions as a board member? You have an obligation to objectively listen to the property owner’s appeal, which should focus on the market value and facts that impact the market value or the facts that focus on the classification. It is assumed that the assessor has valued the property correctly. The burden of proof rests with the property owner who must present factual evidence to disprove the assessor’s value. For example, if the property owner states that his/her home is overvalued because it is located on a busy street, the property owner should present comparable sales also located on that street. The board would want to take that information under advisement. Then the board should ask for information from the assessor concerning how the value of the property was determined. Again, any decisions made by the board should be based on facts because any reductions have the effect of shifting the property tax burden to other properties. It is important to keep in mind that all decisions must meet statutory guidelines as well. What options do property owners have if they are not satisfied with the board’s decision? For local boards¸ the property owner can:  appeal by letter, representative or in person to the County Board of Appeal and Equalization (a property owner must appeal to the local board to be able to appeal to the county board); and/or  appeal to Tax Court. For county boards, the property owner can appeal to Tax Court. What factors make up the valuation of property? The critical question is whether the property is valued in excess of market value or a theoretical selling price as of January 2 of each year. The components that make up the market value are developed from vacant land sales, replacement cost schedules, abstraction from sales data, and other sources. The mass appraisal system includes both quantitative and qualitative variables. Quantitative variables are objective characteristics, such as square footage, number of bathrooms or fireplaces, and other straightforward items. It is important that the property description is accurate to allow for a fair application of the mass appraisal schedule to the property. Qualitative variables are more subjective in nature. They include the grading (or estimating the construction quality) of the property which always involves judgment. Why do values change? There are basically three reasons why values change. Appreciation or depreciation in the real estate market. The assessor’s office collects information on the local real estate market and adjusts property values annually in order to reflect the market. The requirement that the assessor actually view properties once every five years does not limit the assessor to revaluing properties once every five years. The assessor is required to review property values and classifications each year. Physical changes to improvements on the property. Improvements such as building a deck or finishing the basement increase the value of the property, and the assessor would adjust the value to reflect these improvements. Similarly, the assessor should adjust the value for any structural components that may be removed. Equalization process. The Commissioner of Revenue, acting as the State Board of Equalization, has the authority to increase or decrease values to bring about equalization. The orders are usually on a county-, city-, LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 46 38 Appendix or township-wide basis for a particular classification of property. All State Board orders must be implemented by the county for the current assessment year. The equalization process is designed not only to equalize values on a county-, city-, and township-wide basis but also to equalize values across county lines to ensure a fair valuation process across taxing districts, county lines, and by property type. State Board orders are implemented only after a review of values and sales ratios, discussions with the county assessors in the county affected by the State Board orders, county assessors in adjacent counties and the Commissioner of Revenue. Frequently asked questions by property owners Is it legal for the assessor to increase my value so much in one year? Yes. The assessor must value property at market value each year. Property values change continuously with changing economic conditions. There is no limit to the amount of increase or decrease in estimated market values in a given year. The assessor is required to review the values and classifications as of January 2 of each year. Why are my taxes so high? Taxes are not within the authority of the board. The property tax on a specific parcel is based on its market value, property class, the total value of all property within the taxing area, and the budget requirements of all local government units located within the taxing area. Only concerns relating to the current year valuation and/or classification may be heard by the board. Will I be taxed out of my home? The local board cannot reduce tax amounts. There is relief for property classified as homestead. The market value homestead exclusion may be applied. In addition to the homestead classification, Minnesota provides property tax relief to homeowners through the Property Tax Refund program. This program has been around for many years and includes two different kinds of refunds: the regular refund and the special refund. The regular refund was designed to relieve the burden on homeowners whose property taxes are high in relation to their income. The special refund is for homeowners who experience a property tax increase of more than 12 percent (and at least $100), regardless of their income level. Both of these refunds must be applied for using form M1PR from the Minnesota Department of Revenue. There are specific requirements for each refund, which are included in the M1PR instructions. In addition, qualifying individuals may participate in the Senior Citizen Property Tax Deferral program. This is a deferral of tax, not a reduction. The taxes accumulate along with interest at a rate not to exceed 5 percent and a lien is attached to the property. Forms and instructions for the Property Tax Refund and Senior Citizen Property Tax Deferral program are available on the Department of Revenue website (http://www.revenue.state.mn.us). Handouts for property owners The following pages contain information for property owners to help them with the appeal process. You may photocopy these pages and provide them to property owners who seek to appeal their property value or classification. The “Appealing the value and classification of your property,” “Preparing an appeal to your Local and County Boards of Appeal and Equalization” and “My house is worth what?” fact sheets also are on the Department of Revenue website (http://www.revenue.state.mn.us). LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 47 Insert fact sheet 1 (front) LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 48 Insert fact sheet 1 (back) LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 49 Insert fact sheet 10 (front) LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 50 Insert fact sheet 10 (back) LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 51 Insert fact sheet 14 (front) LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 52 LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 53 Notes LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 54 Notes LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 55 Notes LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 56 Notes LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 57 LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 58 Minnesota Department of Revenue Property Tax Division www.revenue.state.mn.us 2014 LBAE Meeting of April 28, 2014 Title: 2014 Local Board of Appeal & Equalization Page 59 Meeting: Study Session Meeting Date: April 28, 2014 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Future Study Session Agenda Planning – May 5 and 12, 2014 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for the Special Study Session scheduled for May 5, 2014 and the regularly scheduled Study Session on May 12, 2014. POLICY CONSIDERATION: Does the Council agree with the agendas as proposed? SUMMARY: At each study session approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the proposed discussion items for the Special Study Session scheduled for May 5, 2014 and the regularly scheduled Study Session on May 12, 2014. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Future Study Session Agenda Planning – May 5 & 12, 2014 Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 1) Page 2 Title: Future Study Session Agenda Planning – May 5 and 12, 2014 Special Study Session, May 5, 2014 – 6:15 p.m. Tentative Discussion Items 1. Southwest LRT Update – Community Development (60 minutes) Discuss the specifics of the SWLRT Preliminary Design Plans in preparation for the City Council’s vote on Municipal Consent in June. The discussion will start with the plans for the Louisiana Station area, proceed to the Wooddale Station area and finish with Beltline Station area. Special Study Session Cont., May 5, 2014 – Immediately following City Council Meeting 2. Housing Policy – Community Development (60 minutes) Continuation of discussion from April 21, 2014 Special Study Session. Study Session, May 12, 2014 – Immediately following LBAE (Councilmember Mavity Out) Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Southwest LRT Update – Community Development (60 minutes) Continued discussion of the specifics of the SWLRT Preliminary Design Plans in preparation for the City Council’s vote on Municipal Consent in June. Communications/Meeting Check-In – Administrative Services (5 minutes) Time for communications between staff and Council will be set aside on every study session agenda for the purposes of information sharing. Meeting: Study Session Meeting Date: April 28, 2014 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: Community Education Advisory Council (CEAC) RECOMMENDED ACTION: Council is asked to accept the report from CEAC. POLICY CONSIDERATION: None at this time. SUMMARY: Lisa Greene, Community Education Director and Vice Chair of CEAC, will be present at the Council meeting to give an overview of what the advisory council does and their goals for 2014. Councilmembers Gregg Lindberg and Tim Brausen are the City Councils appointed members to CEAC. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion 2012 – 2013 Annual Report Prepared by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 2) Page 2 Title: Community Education Advisory Council (CEAC) DISCUSSION BACKGROUND: In Minnesota, all school districts that levy for Community Education funding are required by Statute Section 124D.19 to have an Advisory Council. 124D.19 COMMUNITY EDUCATION PROGRAMS; ADVISORY COUNCIL. Subdivision 1. Authorization. Each school board may initiate a community education program in its district and provide for the general supervision of the program. Each board may, as it considers appropriate, employ community education staff to further the purposes of the community education program. Subd. 2. Advisory council. Each board must provide for an advisory council to consist of members who represent: various service organizations; churches; public and nonpublic schools; local government including elected officials; public and private nonprofit agencies serving youth and families; parents; youth; park, recreation or forestry services of municipal or local government units located in whole or in part within the boundaries of the school district; and any other groups participating in the community education program in the school district. Unique to St. Louis Park, the city and school district entered into a joint powers “Agreement Between the City of St. Louis Park and Independent School District #283 Relating to Joint Governance of Community Education.” This joint endeavor has been in place since the establishment of a Community Education program in St. Louis Park in 1969. CEAC’S MEMBERSHIP: Membership is divided into sectors representing different parts of the community. The St. Louis Park City Council and St. Louis Park Public Schools School Board appoint CEAC members. The following is a list of CEAC members and the sector they represent. Bobbie Betz Service Organization Sandy Johnson Non-profit Organization Cailey Hanson-Mahoney Youth Bob Ramsey Senior/Adult Service Deb Danielson Local Business Julia Ross At Large Kristen Piper At-Large Anthony Marrie At-Large Shirley Zimmerman At-Large Amy Burns At-Large Joan Monicatti At-Large Jim Beneke At-Large Nick Jacobs At-Large Jason West Operations and Recreation Appointee Ken Morrison School Board Appointee Karen Waters School Board Appointee Gregg Lindberg City Council Appointee Tim Brausen City Council Appointee Study Session Meeting of April 28, 2014 (Item No. 2) Page 3 Title: Community Education Advisory Council (CEAC) CEAC GOALS: In August, 2011 CEAC members attended a facilitated retreat to determine the direction the council should take. At the retreat, membership decided to return to the roots of an advisory council function. Four “Guiding Tenets” were created: 1. CEAC maintains lines of communication between Community Education and the community. 2. CEAC is a sounding board for ideas and action. 3. CEAC provides feedback to Community Education program initiatives. 4. CEAC acts as an idea incubator. To further this goal, Community Education department coordinators and people from community organizations are invited to CEAC meetings to have a “conversation”. In this way, members learn about what is happening in Community Education and the larger community and can advise the Community Education Director. PAST ACTIVITIES AND ACTIONS: One example of productive advising is when the Community Education Early Learning department leadership came to talk with CEAC about starting a strategic planning process. They needed to present their ideas to school district leadership to get support. CEAC provided input into their presentation and made some constructive changes. After Early Learning leadership presented the updated presentation to the school Principals. They were pleasantly surprised that two of the Principals stepped up to say they would relieve a Kindergarten teacher in their buildings so the teacher could attend the Early Learning strategic planning meetings. Other examples of productive conversations have been when the Adult Options in Education Coordinator needed input on how to best market to our immigrant populations, when our Adult Enrichment coordinator wanted to increase class participation, or when a Park Nicollet Foundation staff person came to talk to us about how to best work with the Foundation. CEAC also participated in West Metro Community Education Advisory Council meetings in 2013 and 2014 to get ideas from other school districts about how to better engage the community. The Community Education Director finds that she receives valuable input into programming and planning decisions because CEAC members are knowledgeable about Community Education programs and the community. FUTURE ACTIVITIES: CEAC had a retreat in August 2013 where it was decided that they would look at partnering with other groups in the community where common cause may exist. A joint CEAC/Human Rights Commission meeting will be held in May, 2014. They are also considering meeting with the Education Sub-Committee of the Environmental and Sustainability Commission. They still continue to have “conversations” to keep them informed about district, city and community issues. 2012 - 2013 Annual Report Our website offers current news and class offerings for all ages. Visit www.slpcommunityed.com today to learn more about Community Education. Volunteer Program reorganizes For many years, the City of St. Louis Park and St. Louis Park Public Schools partnered to facilitate vol- unteer recruitment, training and coordinating under one office, headed by Sarah Krzesowiak, who retired December 31, 2012 after more than 30 years of service. Beginning January 1, 2013, Linda Asche, Com- munity Education’s Adult Enrichment coordinator, assumed responsibilities for the school district portion of the volunteer program, and Laura Ingebrigtson was hired as the volunteer coordinator for the City. Program assistant Kathleen Huyck continues on staff in the school district volunteer office. Community Education continues to oversee all programs for community volunteers in St. Louis Park Public Schools. This spring, Cargill partnered with our district to support education and the environment. Over 80 volunteers worked on a number of projects including the Middle School Days of Service, Track and Field Day at Peter Hobart, playground clean up at Lenox, and classroom projects on the environment at Peter Hobart and Aquila. 2012-2013 ParticiPant information Program ParticiPants Adult Enrichment 4,829 Adult Options in Education / ESL 574 Aquatics 5,053 Creative Play / Preschool Enrichment 552 ECFE / Early Learning 2,149 Gymnastics 985 Kids’ Place (Pre-K & School Age) 778 Kindergarten Plus 134 Project SOAR (includes data from four-district consortium) 3,739 Senior Program 17,626 Summer Spark (youth summer enrichment)911 Volunteer Program 660 Youth Development 3,821 Youth Enrichment 1,314 Total program participants 43,125 Facilities Use (includes over 144 different community groups)300,653 ST. LOUIS PARK COMMUNITY EDUCATION INDEPENDENT SCHOOL DISTRICT 283 Community Education Revenue Sources Total Revenues – $5,773,569Based on Turnstile Count: Data from 2012-2013 Minnesota Department of Education Report 2012-13 COMMUNITY EDUCATION ADVISORY COUNCIL 2012-13 SCHOOL BOARD Nancy Gores Kenneth Morrison Bruce Richardson Larry Shapiro Julie Sweitzer Joe Tatalovich Jim Yarosh Debra Bowers, Ph. D., Supt. 2012-13 CITY COUNCIL Steve Hallfin Ann Mavity Julia Ross Sue Sanger Sue Santa Jake Spano Jeff Jacobs, Mayor Tom Harmening, City Manager Lisa Abernathy Jim Beneke Bobbi Betz Anita Bilden Amy Burns Nick Jacobs Sandy Johnson Gregg Lindberg Anthony Marrie Anne Mavity Steve McCulloch Joan Monicatti Kristen Piper Bob Ramsey Julia Ross Mark Schwartz Joe Tatalovich Shirley Zimmerman Lisa Greene, Director Mary Juberian, Manager Tuition & Fees – $ 3,411,407Local Sources (City/County funds plus local gifts & grants) – $ 920,850Federal Taxes – $ 26,313State Taxes & Aide – $ 1,414,999Study Session Meeting of April 28, 2014 (Item No. 2) Title: Community Education Advisory Council (CEAC)Page 4 a message From Director Lisa greene – Living, vital organizations are always changing to meet the needs of their customers and stakeholders. St. Louis Park Community Education is no exception. In 2012- 13 we planned and implemented a number of changes to better serve the community. • Early Learning programs developed a plan to consolidate early childhood programs to increase access and equity for our youngest learners. • Adult Enrichment and Senior Programs began jointly marketing classes in the Community Education catalog thereby increasing access to our adult programs. • Our Youth Services department moved to the Middle School to increase out-of-school-time offerings for this under-served age group. • Volunteers in the Park, serving both the city and school district, separated, with each organization recruiting volunteers to better serve their unique needs. aDuLt Programs Lifelong learning completes ADULT ENRICHMENT – Serves lifelong learners of all ages with courses covering a wide variety of topics such as arts and crafts, fitness and nutrition, technology, dance, mu- sic and more. ADULT OPTIONS IN EDUCATION / Adult Basic Education – AOIE provides a solid foundation of basic education classes for adult students. Day and evening classes focus on building reading comprehension, math, preparation for GED Exam as well as speaking, listening, reading and writing skills for non-native speakers in ESL classes. Aux- iliary services are provided at Wayside Residential Center. AOIE is a partnership between St. Louis Park, Hopkins and Minnetonka Community Education. PROJECT SOAR – This program for adults with disabili- ties offers classes in a variety of social, recreational and en- richment activities. Operates in partnership with Hopkins, Minnetonka and Wayzata Community Education. VOLUNTEER PROGRAM – Recruited and trained volun- teers for the City and Schools through December 31, 2012. Beginning January 1, 2013, Community Education assumed responsibilities for the school district portion of the program, and the city hired a volunteer coordinator for its initiatives. Youth Programs Creating building blocks for a healthy, happy life YOUTH ENRICHMENT – Serves students in grades K-12 and their families with a variety of classes and extracurricu- lar activities in areas such as arts, music, sports, fitness and more. YOUTH DEVELOPMENT – Brings students in grades 6-12 together to develop leadership skills through service learning and volunteerism. AQUATICS – Provides lessons for swimmers ages five months through senior citizens, lap swimming opportunities, and pool rental and synchronized swimming club coordina- tion. GYMNASTICS – Provides enrichment gymnastics classes for participants ages 2-18, and prepares athletes for compe- tition on the SLP High School team. SUMMER SPARK – This program ensures continued summer learning for students grades K-8 through enrich- ment classes and activities. KINDERGARTEN PLUS – This tuition-based, full-day program at Susan Lindgren, Peter Hobart and PSI benefits students with extended learning time with the same certified kindergarten teacher all day. (All-day kindergarten is avail- able at Aquila at no charge to families and is not administered through Community Education.) KIDS’ PLACE SCHOOL-AGE CHILD CARE – Offers child care for school-age children, before and after school and all day in the summer. earLY Learning Programs Preparing your child for success in school and life, beginning at birth EARLY LEARNING – Classes serve children ages 3-5 with high- quality learning and development for every child. As part of the St. Louis Park Public Schools, Community Education Early Learn- ing programs provide families with important first connections to kindergarten and the community. Early Learning encompasses programs formerly named: PALS, PALS+, First Steps, and Ready, Set, Learn. CREATIVE PLAY – Children ages 33 months-5 years participate in school-readiness activities. Classes emphasize social skills and constructive play. EARLY CHILDHOOD FAMILY EDUCATION (ECFE) – Par - ents and children, ages birth-5, play and learn together under the guidance of a licensed early childhood teacher. FAMILY LEARNING – While parents enrolled in Adult Basic Education learn English or work on their GED, preschool children learn in activities. KIDS’ PLACE EARLY LEARNING – Provides a high quality preschool experience within a full-day child care setting. SLP Community Education also serves preschoolers with Aquatics, Gymnastics and Kid Dance classes, all held at Central Community Center. senior Program Learn & Laugh at Lenox! The Senior Program, housed at Lenox Community Center, oper- ates in partnership with the City of St. Louis Park. St. Louis Park seniors are becoming tech savvy learning how to use iPhones, iPads, digital cameras and more. If they need more individualized help the Tuesday afternoon Computer Buddy group is available or they may stop in to use open computer lab. The program marked the 150- year anniversary of the Civil War with classes covering the Battle of Chattanooga, the Vicksburg Campaign and Battle of Gettysburg followed by a teacher-led visit to the Minnesota History Center for a special Civil War Exhibit. Study Session Meeting of April 28, 2014 (Item No. 2) Title: Community Education Advisory Council (CEAC)Page 5 Meeting: Study Session Meeting Date: April 28, 2014 Discussion Item: 3 EXECUTIVE SUMMARY TITLE: Parks & Recreation Advisory Commission 2013 Annual Report and 2014 Work Plan RECOMMENDED ACTION: This report summarizes work performed by the Parks and Recreation Advisory Commission (“PRAC”) in 2013 and outlines the intentions of PRAC for work to be performed in 2014. POLICY CONSIDERATION: Are the actions of the PRAC in alignment with the expectations of the City Council? SUMMARY: The Parks and Recreation Advisory Commission considers matters pertaining to long-range park and recreation plans and may offer recommendations in new development areas in relation to park and recreation space. The City Council may request the Commission to study and advise on other related items. The Commission consists of seven regular members and one voting youth member. Meetings are held the third Wednesday of each month at 6:30 p.m. In accordance with Council policy, the 2013 Annual Report and 2014 Work Plan are attached in full for City Council review. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: PRAC 2013 Annual Report PRAC 2014 Work Plan Prepared by: Stacy Voelker, Administrative Secretary Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 3) Page 2 Title: Parks & Recreation Advisory Commission 2013 Annual Report and 2014 Work Plan Parks and Recreation Advisory Commission (“PRAC”) 2013 Annual Report The Parks and Recreation Advisory Commission Purpose: The Commission shall study and consider all phases of public parks and recreation and recommend to the City of St. Louis Park and Independent School District #283 a park and public recreation program which best meets the needs of all residents of St. Louis Park. 2013 Parks and Recreation Advisory Commission Tom Worthington, City Representative, Chair George Hagemann, City Representative, Vice Chair James Beneke, School Representative Sophia Flumerfelt, Student Representative George Foulkes, School Representative Sarah Foulkes, City Representative Elizabeth Griffin, City Representative Kirk Hawkinson, City Representative Operations and Recreation Department Staff Cindy Walsh, Director Rick Beane, Park Superintendent Jason West, Recreation Superintendent Jason Eisold, Rec Center Manager Mark Oestreich, Westwood Hills Nature Center Manager Jim Vaughan, Environmental Coordinator Stacy Voelker, Administrative Secretary 2013 Highlights Youth Association and city organization representatives attended Commission meetings and provided updates from their associations or organizations. Ideas to foster better relationships with participants, other associations and the city were also discussed. In 2013, the Commission met with the Historical Society, Friends of the Arts, Soccer Association, Baseball Association, Little League Baseball and Community Education. The Commission reviewed and accepted park and/or trail dedication fees on three development proposals during the year. The Planning Commission presented the Eliot School Apartment proposal which would bring in $210,000, a multiple-family housing proposal at 5245 Wayzata Boulevard by DLC Residential in an amount of $35,550, and a multiple-family housing proposal at 3998 Wooddale Avenue by Wooddale Flats, LLC in an amount of $56,925. The City entered into an agreement with Julee Quarve-Peterson, Inc. to develop a plan to get city parks up to American’s with Disabilities code. The Commission agreed parks need to be reviewed to ensure compliant with the Act. The plan will be spread over a few years to assist in budgeting. Lisa Greene, Director of Community Education, visited with the Parks and Recreation Commission at their October, 2013 meeting. The Commission reviewed and discussed various topics with Ms. Greene including their annual report, facility usage and programs offered. Study Session Meeting of April 28, 2014 (Item No. 3) Page 3 Title: Parks & Recreation Advisory Commission 2013 Annual Report and 2014 Work Plan The Commission kept apprised of the Highway 100 widening project slated to begin in 2014. One of the Commission members is on the bridge committee representing the Commission. The trail and sidewalk plan was also reviewed while discussion the improvements to Highway 100. The Commission would like to ensure adequate trails are included in the project. The potential Southwest LRT line was discussed with the Commission. Members viewed various options to ensure the bridges replaced by the Highway 100 project will be adequate if the proposed line is approved. An Environment and Sustainability Task Force was created in early 2013 to review the need for a Commission to study and review environmental and sustainability items. The Parks and Recreation Advisory Commission supported the Task Force’s decision to add an Environmental and Sustainability Commission. Following the remeandering of Minnehaha Creek, the Commission reviewed landscaping and trail work that was completed in 2013. The annual Minnehaha Creek cleanup was held on Saturday, April 27. The Commission and other volunteers cleaned up the creek area by Breamer Bank and the Knollwood canoe landing area. The Community Recreation Facilities Task Force concluded their role and Hammel, Green and Abrahamson, Inc. were hired to provide a cost analysis on a potential Community Center. The Commission was kept apprised of various aspects of the project throughout the year. Members of the community proposed the City name the field at Dakota Park Derrick Keller field. Derrick Keller, a young man from St. Louis Park, passed away after a courageous battle with leukemia. Derrick was an upstanding mentor and volunteer in the community. The Commission recommended acceptance of the proposal which was then approved by the City Council January 7, 2013. The scoreboard was installed then dedicated to Derrick Keller on May 22, 2014. Commission members continue to review and discuss art pieces and proposals throughout the city. Throughout the year, staff presented and discussed Capital Improvement Projects with the Commission. Study Session Meeting of April 28, 2014 (Item No. 3) Page 4 Title: Parks & Recreation Advisory Commission 2013 Annual Report and 2014 Work Plan 2014 Parks and Recreation Advisory Commission James Beneke, School Representative, Chair Elizabeth Griffin, City Representative, Vice Chair George Foulkes, School Representative Sarah Foulkes, City Representative George Hagemann, City Representative Kirk Hawkinson, City Representative Tom Worthington, City Representative Vacant, Student Representative 2014 Goals  American’s with Disabilities Act Compliance: Involvement in the review of park sites and movement to comply with applicable codes, laws and design guidelines pertaining to accessibility for persons with disabilities.  Community Group Relationships: Invite each association to their monthly meetings to continue a positive relationship. Host a joint meeting with CEAC to explore common goals. Assist in facilitating interested groups and other park and recreation users (i.e. Friends of the Arts, Off-Leash Dog Park users, Historical Society, etc.). Look at annual participation numbers for youth athletics to compare numbers from year to year and establish trends.  Community Recreation Facility: Involvement in the ongoing exploration of a city community center facility.  Education: Meet with other commissions as appropriate and inform of other city initiatives (i.e. trails and sidewalk CIP).  Environmental Stewardship: Connect people in the community with emphasis on environmental items such as organizing the annual Minnehaha Creek Clean up and buckthorn removal. Discuss environmental issues as they arise.  Support City Initiatives: Meet jointly with other Commissions as appropriate to explore joint projects or initiatives. Support City staff in various city-wide initiatives (i.e. Connect the Park, Health in the Park).  Recreation Resources: Invite Council to participate in exploring the city’s recreation resources via a bike ride.  Staff Appreciation Luncheon: Serve an appreciation luncheon for staff.  Trails and Sidewalks: Be involved in the further study and exploration of trails and sidewalks in the City to further the desires of the residents as stated in the Community Recreation Study. Parks and Recreation Advisory Commission 2014 Goals Meeting: Study Session Meeting Date: April 28, 2014 Discussion Item: 4 EXECUTIVE SUMMARY TITLE: Update on Community Center Project RECOMMENDED ACTION: Staff desires direction on the policy questions noted below. POLICY CONSIDERATION: Based on the information provided in this report staff desires direction on how Council might wish to proceed. Options include: • Table this item until a later date when more information is known about obligations the City may face for projects such as SWLRT. • Continue to move forward with the project by going to schematic design on one or all of the phases listed, including engineering, soils and survey work. • Continue to move forward on one or all of the phases by entering into schematic design without engineering. This will provide more information on building layout and schematic drawings but not detailed engineering. This is the least costly way to continue to move ahead. SUMMARY: The City Council reviewed the report from Hammel, Green and Abrahamson, Inc. (“HGA”) at their July 22, 2013 Study Session. Victor Pechaty, Vice President of HGA, and Cindy Walsh, Director of Operations and Recreation, presented an estimate of capital costs for the construction of the building, operating cost estimates, revenue projections, and concept designs for two sites: the Wolfe Park/Rec Center site and the Hwy 100/36th Street site. At that meeting, Council came to the consensus that the preferred location was the Wolfe Park/Rec Center site because of cost, overall fit in the area, and synergy with activities already going on in Wolfe Park and at the Rec Center. Council also directed that further work be done on the architectural design along with further financial analysis. At the October 14 Study Session the Council directed staff to return to the Council in six months for further discussion. This direction related in part to concerns about the financial obligations the City may face relative to SWLRT. FINANCIAL OR BUDGET CONSIDERATION: From the analysis provided by HGA, the construction of a community center that includes all of the previously identified program components would cost in the range of $30-50 million, depending on what is built. The assumed source of funding for a project such as this would be the issuance of General Obligation bonds. The cost of the project could be decreased by building only a portion of the program content or by constructing it in phases. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Site Plan Prepared by: Cindy Walsh, Director of Operations and Recreation Brian A. Swanson, Controller Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 4) Page 2 Title: Update on Community Center Project DISCUSSION BACKGROUND: Hammel, Green and Abrahamson, Inc. (HGA) has acted as the consultant to assist in the further assessment of a community center project. They have experience in designing and building community centers around the metro area as well as other states. PRESENT CONSIDERATIONS: The building design and cost analysis were based on recommendations from the Task Force and include all of the program components that were desired by the community. PROGRAM COMPONENT ASSUMPTIONS: The following program components were recommended by the Task Force. The data that the Task Force used came from the two surveys that were done in the community. During this phase of planning staff and the consultant went through each component to ensure allocation of appropriate space and amenities associated with each of the items. The following is a list of amenities included in the current analysis: Gymnasium The gym is proposed to hold two full-size floors with a drop down curtain in the middle separating them. There will be a set of bleachers that pull out from the wall on each side. At this time we are considering a multi-purpose poured floor rather than a traditional wood floor. There are two reasons for this. First, it is less expensive to build and less expensive to maintain. Second, it can be used for multi-purpose events including all sports, tricycles and other equipment used for children events. It can also be used for special events where tables and chairs are set up without worrying about scratching the wood floors. Staff envisions programming the gyms as well as having them available for drop-in basketball. The current gyms in the schools are overused by traveling sports so there is no time for kids and adults to drop-in and play. We would also like to look at an area in the back of one of the courts where we could drop in a batting cage similar to what Chaska and other communities do in their gymnasiums. Aquatics The trend in pool construction is to have areas for lap swimming, deep water and leisure/fun areas. To accommodate that, a lap pool is proposed with six lanes that would have deep water at one end. The deep water could be used for various events (scuba diving classes, etc.) as well as hold a diving board and a climbing wall. The leisure pool would have youth play features and slides with a zero depth entry area. An ADA accessible ramp is recommended for the lap pool. That will allow all ages and abilities access to the pool as well as allow us to hold specialty classes for people with MS or those recovering from surgeries. This is another reason we are exploring a partnership with a physical therapy group. Swimming lessons could be held at either or both pools depending on the age of kids. At this time, Community Education offers the swimming lessons at the schools. We would explore a partnership with them. Because of the cleaning issues associated with a hot tub or spa, staff is not recommending one for this facility. Drop-in Child Care This child care is only for parents and care givers who are using the facility. This is a facility that can be used by people who are at the building for a period of 1 - 2 hours. We are not proposing full-time day care. Study Session Meeting of April 28, 2014 (Item No. 4) Page 3 Title: Update on Community Center Project Community Room The capacity for this room wasn’t fully defined in the Task Force process. From the feedback received from the Council and residents, staff is proposing a room with a capacity of approximately 250 people. The proposed room would be approximately 4,000 - 4,500 square feet and hold 55 - 60 round tables. A caterer’s kitchen will likely need to be attached so that the room can be used by a variety of groups. This room can be reserved for a variety of functions and events. The Banquet Room at the Rec Center holds up to 160 people. We receive requests for various events that we are unable to accommodate because of the current size of the Banquet Room. Staff recommends that this room be designed as a larger room to allow for other uses. Commons/Gathering Place This would be near the front entrance and serve as a gathering place for people in the community. The furniture would be stationary. A coffee shop/café would be adjacent to this space. Kid’s Play Area The Task Force discussed this being adjacent to the drop-in day care. It was proposed to have a climbing stationary feature along with a large motor play area with a variety of toys for kids to play with. Track The goal is to make this as long as possible so there are fewer laps to the mile. The track is shown above the gymnasium and fitness room. Fitness The two components of fitness are the exercise equipment and fitness studios where classes are held. Since the trends in fitness classes change, we want to be able to adapt to those new classes. We are proposing three rooms: large, medium and small to accommodate a variety of classes. Actual sizes of the rooms are still being researched. Appropriate storage needs to be adjacent to the rooms to hold equipment such as mats, balls, bikes, etc. Party Rooms One of the biggest revenue generators in other community centers is the ability to hold birthday parties. Staff is proposing party rooms near the pool and possibly near the Kid’s Play area. “Back of House” areas While the Task Force did an excellent job of synthesizing the survey data and developing program content, they didn’t spend time on the support areas that make the community center work. It was understood that this phase of planning would do that. HGA has assessed the storage needs as well as rooms to hold the mechanical systems, size of locker rooms, number of bathroom stalls, and length/width of hallways. Concept Facility Design and Site Analysis The cost for the designs is more than originally anticipated largely due to the need for ramped parking because of the site constraints. At this time, all of the costs are included in the cost estimate including some inflationary costs taking into consideration that this project would not be built immediately. The only unknown cost that is NOT included in the cost estimate would relate to soil conditions and the removal of hazardous material. Study Session Meeting of April 28, 2014 (Item No. 4) Page 4 Title: Update on Community Center Project Although HGA created a concept design and site analysis on the two sites, per Council direction, staff has focused its energies on the Wolfe Park/Rec Center site. It was decided that the scenario that included a community room on the Melrose Site was too expensive to consider due to the need for a skyway to be constructed over 36th street in order to access the site from the rest of the Community Center. Under this scenario the basketball court and sand volleyball court would have to be relocated to the site near the Melrose Center. ESTIMATED OPERATING COSTS: Staff has worked with the firm of Ballard & King to assist with an Operating Analysis estimate. Jeff King took the program components outlined in this report to design an operating budget and revenue projections. Jeff King has estimated expense and revenue projections for many community centers throughout the United States. The annual expenses to operate a facility of this size are estimated to be $1,825,080. That includes the anticipated increase in full time staff as well as part time staff, utilities, program expenses, supplies and other miscellaneous items needed to run a facility. The corresponding revenue projections on an annual basis are estimated to be $1,197,142. The revenue projections include memberships and daily admissions (anticipating several options) as well as rental revenue obtained from the community room. The difference is ($627,938). The anticipated recovery rate is 66%. Staff also explored the maintenance/operating expenses for parking ramps. Although we do not anticipate much for maintenance costs the first 1 - 5 years (with the exception of snow removal), the annual maintenance for parking ramps is approximately $120-$130 per stall per year. If we are looking at 500 - 550 stalls that is $60,000 - $71,500 per year in ramp maintenance expenses (plowing, crack sealing, painting, lighting, etc.). POSSIBLE PHASING SCENARIOS: The building could be planned and constructed in phases. Future phases of the building could be added at any time. The attached diagram shows the locations for the possible phases as well as how the parking ramp could be phased in. It is possible that Council could decide to start with Phase 1 and not build the remaining phases. Likewise, the other phases could be planned so that they could be added on at any time. The cost estimates are based on construction costs for 2016. Contingencies are built into these costs. The only cost not accounted for is soils correction and potential removal of any contaminated soils. As part of the next step (if any) staff suggests soils and survey work so that we know what costs would be associated with this. Staff is suggesting the following phasing scenarios: Phase 1: Gymnasium and dry land wellness components (gym, locker rooms, drop-in child care, kids play area, fitness equipment and fitness group exercise rooms, lobby, and community gathering commons). Also included in this is phase 1 of parking ramp. The cost for Phase 1 is $29,512,655. The parking ramp portion of that is $8,630,092. Phase 2: Community Room/Banquet meeting room (meeting room to hold 250 people for large events). Our current banquet room can accommodate 160 people. The idea is to have a larger meeting room in our City. We do not need another smaller space like the one we have. With the build out of the meeting space, we would need to add more parking so Phase 2 includes the 2nd phase of the parking ramp. The cost for Phase 2 is $9,782,092. Parking is $4,715,167 of this cost. Phase 3: Indoor pool (lap swimming and indoor aquatic feature). Phase 3 is $10,440,760. Phases 2 and 3 can be interchangeable. The second phase of parking would be required for either one of the phases. Study Session Meeting of April 28, 2014 (Item No. 4) Page 5 Title: Update on Community Center Project FINANCING: Financing for the proposed Community Center would be through the issuance of General Obligation (G.O.) Bonds for the entire cost of the project with an assumed 20 year term on the bonds. Based on a $30 - $50 million Community Center project, the property tax impact on a residential homesteaded median value home of $204,700 would be an increase of approximately $81 - $134 over a two year period, or approximately $41 - $67 increase per year for the City share of property taxes. This equates to approximately a 8.6% - 14.4% increase in the City share of property taxes over a two year period, or approximately 4.3% - 7.2% increase per year. These estimates are only for construction costs of the proposed Community Center and do not factor in the estimated operating loss, any property tax levy increases for the general operating levy, or any other significant capital projects such as sidewalks and trails, SWLRT etc. NOTE: The last time the Council discussed this matter it was requested that staff consider how new development growth in the community might help mitigate property tax impacts to our residents and to incorporate that into its analysis. After spending time trying to develop a model it was determined that there was not a reliable way to do this given many unknowns. For example, many of our more sizable redevelopment projects utilize tax increment districts, which actually capture value for an extended period of time. Another example relates to economic downturns and markets. Attempting to project what might happen in the future is a guess at best. Having said the above, staff could still incorporate certain assumptions in its estimates of property tax impacts but would strongly encourage against it as the results would be speculative. EXISTING REC CENTER CAPITAL ITEMS: It is important to note that the Rec Center has a number of improvements identified in the existing 5 year capital plan totaling $6.5 million to be funded from the Park Improvement Fund. The largest expense will occur in 2016 with the change to a new refrigeration system ($4.8 million). The remaining funds will replace or refurbishing existing amenities. NEXT STEPS: The construction of a project of this scale happens in steps. All steps build on each other. Although they need to happen in order, there can be time in between each step. Nothing is lost by putting a hold on the project after the schematic design. The first step has been completed with the feasibility study. If the Council wished to continue moving forward, the next steps to construction are as follows along with the cost associated with each step on a percentage basis. 1. Schematic Design 15% 2. Design Development 20% 3. Construction Documents 35% 4. Bidding 5% 5. Construction Administration 25% Additional public process would happen after the schematic design. At that point there would be building rendering and program content to show the community. If council would like to proceed with all or just a phase, staff would suggest we work with HGA to move into schematic design. Depending on how detailed we want to go into design and how many phases we want to include, the cost to enter into schematic design would be $300,000- $400,000. In addition, staff would like to look into what information exists relative to soil borings from the past projects on site. After that is done, this would be an appropriate time to do more soils work so that we know what actually lies below ground in the area we potentially build on. We do not have a cost estimate on the soils and survey work. If Council directs staff to enter into the schematic design of the building, we would come back with cost for this step that would include soils and survey work. PARKING DECK (70 STALLS)OUTDOOR REC COURTS DROP-OFF (20 STALLS) (110 STALLS) TOTAL PARKING 950 STALLS (300 EXISTING COUNT DEDICATED TO REC CENTER + 650 FOR NEW COMMUNITY CENTER PROGRAM) 250 STALLS X 3) 710 8 63 4 5 1 9 PHASE I 1 GYM 2 LOCKERS 7 KIDS PLAY 9 FITNESS + TRACK 10 CHILDCARE PHASE II 3 AQUATICS 4 AQUATIC SUPPORT 5 MULTI-PURPOSE PHASE III 6 COMMUNITY ROOM 8 OFFICE CLIMBING WALL3'-6" DEEP5'-0" DEEP10'-0" DEEP363030 30 OPENIIIIII PHASE I GYM LOCKERS KIDS PLAY FITNESS+TRACK CHILDCARE OFFICE LOBBY COMMUNITY GATHERING/COMMONS PHASE II COMMUNITY ROOM COMMUNITY ROOM SUPPORT PHASE III AQUATICS AQUATICS SUPPORT MULTI-PURPOSE RROOFII II II PHASE I GYM LOCKERS KIDS PLAY FITNESS+TRACK CHILDCARE OFFICE LOBBY COMMUNITY GATHERING/COMMONS PHASE II COMMUNITY ROOM COMMUNITY ROOM SUPPORT CONSESSIONS300 SF22 22 22 22 293 OPEN OPEN I I I PHASE I GYM LOCKERS KIDS PLAY FITNESS+TRACK CHILDCARE OFFICE LOBBY COMMUNITY GATHERING/COMMONS OPEN OPEN OPEN ROOFe128120a137HEADERTRENCH125TEAMROOM124TEAMROOM123MULTI-PURPOSEROOM122SKATECHANGINGFF 173'-2"128ZAMBONI ROOM129NEW ZAMBONI ROOM130MECHe127e126e125e124e123119ae117e116e118e102e101e104e105e107e106e103e114e113e112e111e110e108e109e115e122102a101a139RAISED SEATING117ELEVATORHALL119b120b138NEW ARENAFF 173'-2"133MECHEQUIPT173'-2"ARENA FLOOR175'-6"FIRST FLOOR170'-2"STORAGE FLOOR118ELEV131EXIT135GAS STORAGEEL 176'-2"114MEN'S TOILET109WOMEN'S TOILET112MEN'S LOCKERS111WOMEN'S LOCKERS110WOMEN'S SHOWER113MEN'S SHOWER116CONCESSIONS107FAMILYTOILET108MECH104SKATESHARPENING103OFFICE102TICKETING121CORRIDORFF 175'-6"101ENTRY110AWOMEN'S ALCOVE120BATH HOUSEENTRY132REFUSESTORAGE126TEAMROOM127TEAMROOM115STOR136REFEREE'SROOM106FAMILYTOILET105CONFERENCEROOM121.1HALL113AMEN'S ALCOVE134RAMPPASSSAGE175'-6"RAISED SEATING173'-2"ARENA FLOOR173'-2"ARENA FLOOR175'-6"RAISED SEATING119POOL MECHUPUPEL 178'-0"MECH EQUIPMENT FLOOR111 1 1 1 11111111 11111 1 11 11 11111 11 11 22222211111101F101E103 105 104A104B 106107 108110113114B112109A114A 109B122D122C122B122A115116111118A117B117C117A119A119B119C119D 124125126127128B136A130A136.1135131A131B139B121175'-6"FINISH FLOOR123103.1118AELEV MECH139A131D131C101A101C101D101BEXITING 178'-6"124.1SHOWER124.2DRYING124.3TOILET125.1SHOWER125.2DRYING125.3TOILET126.1SHOWER126.2DRYING126.3TOILET127.1SHOWER127.2DRYING127.3TOILET128A129130B130C134EL 176'-2"TOP OF RAMP123.1STORAGEe128EXISTING ARENAFF 173'-2"103.1STORAGE119.1STORAGE119.2CHEMICAL STORAGE11136.1TOILET121CORRIDORFF 175'-6"117EOPTION TO DEMO/RECONSTRUCT EXISTING OFFICES/LOCKER ROOMS VS. RETAIN/REMODEL EXISTING TO BE EVALUATED DURING DESIGN PHASE. COST ESTIMATES BASED ON DEMO/RECONSTRUCTION SCENARIO. * * SURFACE PARKING REMAINS IN USE PARK VIEW SITE PHASING EXISTING ARENA UPPER LEVEL EXISTING AQUATICS BELTLINESEE INSET FOR UPPER LEVEL PLAN POSSIBLE FUTURE OUTDOOR ICE RINK Study Session Meeting of April 28, 2014 (Item No. 4) Title: Update on Community Center Project Page 6 Meeting: Study Session Meeting Date: April 28, 2014 Discussion Item: 5 TITLE: Southwest LRT Preliminary Design Plans RECOMMENDED ACTION: No formal action at this time. POLICY CONSIDERATION: Provide input to staff on the SWLRT Preliminary Design Plans under consideration for Municipal Consent. SUMMARY: Over at least the next two City Council meetings the intent is to discuss the specifics of the Preliminary Design Plans in anticipation of preparing and adopting a resolution regarding municipal consent in June. At this meeting (4/28/14) we will focus on the Louisiana Avenue station area. If time permits we will discuss the Wooddale Avenue Station area as well. Otherwise we will discuss the Wooddale and the Beltline Station areas during a Special Study Session on May 5. The Preliminary Design Plans can be found at www.stlouispark.org/webfiles/file/community-dev/swlrt_plans.pdf. The focus of the discussion will be on acceptability of the basic elements of the Preliminary Design Plans, potential Locally Requested Capital Investments (“betterments”) and issues that need to be addressed in the next stage of design development. The Preliminary Design Plans are developed to less than a 30% complete level and further refinements and plan adjustments will occur with City input before the Final Design Plans are completed. The Final Design stage of the SWLRT project is not anticipated to begin until the second or third quarter of 2015. Much design work will need to be done before plans are even ready to begin the Final Engineering. On a related note, since the Preliminary Design Plans were originally submitted to all the SWLRT corridor communities on 4/10/14, an error in the plans was discovered regarding the north LRT tunnel in the Kenilworth Corridor. As a result, a new set of corrected plans have been distributed (4/22/14) to all the cities and locations with copies of the plans. The Met Council/Hennepin County hearing scheduled for May 12th has been rescheduled for May 29th. While this scheduling change extends the deadline for cities to act on Municipal Consent into July, under the statute the change in the date for the Met Council/Hennepin County hearing does not affect our hearing date which is scheduled for May 19th. NEXT STEPS: • Public hearing with open house 1 hour prior – May 19 • Staff and Council continue to review base plans (ongoing) • Adopt Municipal Consent Resolution – suggested date is June 16 with June 23 as backup VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: SLP Municipal Consent Plan Summary Table 2014 Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager SLP Municipal Consent Plan Summary Table 2014 4-16-14 Base plan Elements Locally Requested Cap Inv (Betterments) Cost Other Issues Cost Louisiana  North (Oxford) station  286 car park & ride lot  Trail connection under tracks from station to regional trail and Sam’s Club area South station location $18-23 m • Removal of South leg of switching wye • Better pedestrian connection from station to Methodist • Ownership & use of freight rail South Connect property • Oxford/Edgewood “hairpin” curve ? Wooddale  Station at Wooddale  No park & ride  Trail connection at-grade  Kiss & Ride drop-off on Yosemite and Frontage Road Trail underpass $3-3.5 m • LRT under Wooddale • Shift station location East • Xenwood underpass • Xenwood at-grade crossing • Fit with future development on frontage road $13.9 m $21 m $5 m? Belt Line  525 park & ride lot at Beltline & CSAH 25  Trail at-grade crossing of Beltline; crosses trains on bridge to the east  New signalized access to CSAH 25 at Lynn Ave Grade separation of Belt Line Or Trail bridge over Beltline $18-23 m $3.5-4 m • Joint Development of park & Ride lot • Design of CSAH 25 • Design of access to park & ride from CSAH 25 ? Study Session Meeting of April 28, 2014 (Item No. 5) Title: Southwest LRT Preliminary Design Plans Page 2 Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 6 EXECUTIVE SUMMARY TITLE: March 2014 Monthly Financial Report RECOMMENDED ACTION: No action required at this time. POLICY CONSIDERATION: None at this time. SUMMARY: The Monthly Financial Report provides a summary of General Fund revenues and departmental expenditures and a comparison of budget to actual throughout the year. FINANCIAL OR BUDGET CONSIDERATION: At the end of March, General Fund expenditures total 23.9% of the adopted annual budget, which is approximately 1% under where expenditures would normally be at the end of the first quarter. Please see the attached analysis for more details. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Summary of Revenues & Expenditures Prepared by: Darla Monson, Senior Accountant Reviewed by: Brian A. Swanson, Controller Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 6) Page 2 Title: March 2014 Monthly Financial Report DISCUSSION BACKGROUND: This report is designed to provide summary information of the overall level of revenues and departmental expenditures in the General Fund and a comparison of budget to actual throughout the year. PRESENT CONSIDERATIONS: Actual expenditures should generally run about 25% of the annual budget in March. Currently, General Fund expenditures are at approximately 23.9% of the adopted budget. Revenues tend to be harder to measure in this same way due to the timing of when they are received, examples of which include property taxes and State aid payments (Police & Fire, DOT/Highway User Tax, PERA Aid, etc.). A few brief comments on specific variances are noted below. Revenues: • License and permit revenues are at 38.2% of budget due to the fact that approximately 95% of the 2014 business and liquor license payments have been collected, which is consistent with previous years. Permit revenue is at just under 19% of budget through March. Expenditures: • The Accounting Division is approximately 1.5% over budget due to higher property and liability insurance premium expense. • Human Resources is exceeding budget by about 1% because of expenses related to the Health in the Park program. These additional expenses are offset by grant revenues. • Public Works Administration is over budget by almost 3% due to a budget allocation change for one of the admin positions splitting time between City Hall and the Municipal Service Center. The additional payroll expenses in Public Works Administration are offset in the Public Works Engineering budget, which is under budget by nearly 5%. A budget amendment will be proposed for this and other items later in the year. • The Organized Recreation Division is showing a temporary expenditure variance due to the fact the full Community Education contribution for 2014 of $187,400 was paid to the school district in February. The timing of this payment is consistent with prior years. • The Vehicle Maintenance Division is running almost 5% over budget on expenditures at 30.1% because of overtime, fuel, repair parts, and equipment maintenance expenses, which is typical of the winter months. NEXT STEPS: None are required at this time. Summary of Revenues & Expenditures - General Fund As of March 31, 2014 20142014201220122013201320142014 Balance YTD Budget BudgetActual BudgetAudited Budget Mar YTD Remaining to Actual %General Fund Revenues: General Property Taxes20,169,798$ 20,209,604$ 20,657,724$ 21,987,968$ 21,157,724$ -$ 21,157,724$ 0.00% Licenses and Permits2,375,399 3,241,812 2,481,603 3,069,088 2,691,518 1,027,546 1,663,972 38.18% Fines & Forfeits328,150 341,356 335,150 311,882 320,150 92,376 227,774 28.85% Intergovernmental1,232,579 1,365,023 1,300,191 2,031,355 1,282,777 192,453 1,090,324 15.00% Charges for Services2,341,104 2,169,631 1,837,976 1,779,259 1,857,718 346,044 1,511,674 18.63% Miscellaneous Revenue1,079,550 1,092,234 1,092,381 1,067,210 1,112,369 195,599 916,770 17.58% Transfers In2,023,003 2,066,136 1,816,563 1,805,223 1,837,416 453,104 1,384,312 24.66% Investment Earnings125,000 136,415 150,000 14,180 150,000 - 150,000 0.00% Other Income45,600 276,273 36,650 10,756 17,950 2,890 15,060 16.10%Total General Fund Revenues29,720,183$ 30,898,483$ 29,708,238$ 32,076,921$ 30,427,622$ 2,310,012$ 28,117,610$ 7.59%General Fund Expenditures: General Government: Administration1,012,554$ 977,392$ 877,099$ 890,883$ 939,391$ 210,360$ 729,031$ 22.39% Accounting641,691 639,999 827,320 819,458 767,094 204,950 562,144 26.72% Assessing517,840 518,271 543,855 543,202 559,749 139,131 420,618 24.86% Human Resources667,612 645,357 678,988 731,634 693,598 180,168 513,430 25.98% Community Development1,076,376 1,052,186 1,094,517 1,090,213 1,151,467 279,814 871,653 24.30% Facilities Maintenance1,083,128 972,481 1,074,920 1,058,127 1,053,715 244,600 809,115 23.21% Information Resources1,507,579 1,363,266 1,770,877 1,597,993 1,456,979 355,351 1,101,628 24.39% Communications & Marketing265,426 244,392 201,322 170,013 566,801 109,905 456,896 19.39% Community Outreach8,185 5,341 8,185 (22,450) 8,185 210 7,975 2.57% Engineering927,337 939,425 303,258 296,383 506,996 101,569 405,427 20.03%Total General Government7,707,728$ 7,358,111$ 7,380,341$ 7,175,456$ 7,703,975$ 1,826,058$ 5,877,917$ 23.70% Public Safety: Police7,273,723$ 7,124,784$ 7,443,637$ 7,225,579$ 7,571,315$ 1,882,950$ 5,688,365$ 24.87% Fire Protection3,346,931 3,291,655 3,330,263 3,246,162 3,458,161 848,666 2,609,495 24.54% Inspectional Services1,889,340 1,869,616 1,928,446 1,932,021 2,006,200 486,078 1,520,122 24.23%Total Public Safety12,509,994$ 12,286,055$ 12,702,346$ 12,403,762$ 13,035,676$ 3,217,694$ 9,817,982$ 24.68% Operations & Recreation: Public Works Administration389,783$ 378,852$ 393,054$ 288,207$ 222,994$ 62,099$ 160,895$ 27.85% Public Works Operations2,604,870 2,521,463 2,698,870 2,720,563 2,625,171 593,025 2,032,146 22.59% Organized Recreation1,305,747 1,352,273 1,280,117 1,256,678 1,290,038 442,699 847,339 34.32% Recreation Center1,466,246 1,516,121 1,449,930 1,501,627 1,543,881 270,662 1,273,219 17.53% Park Maintenance1,461,645 1,444,448 1,431,825 1,424,139 1,423,011 306,432 1,116,579 21.53% Westwood515,456 506,404 520,554 503,309 531,853 115,030 416,823 21.63% Environment390,009 382,378 430,876 434,297 433,750 45,202 388,548 10.42% Vehicle Maintenance1,188,705 1,326,153 1,240,325 1,268,559 1,285,489 386,886 898,603 30.10%Total Operations & Recreation9,322,461$ 9,428,091$ 9,445,551$ 9,397,379$ 9,356,187$ 2,222,035$ 7,134,152$ 23.75% Non-Departmental: General -$ 65,292$ -$ 256,627$ 4,000$ 1,126$ 2,874$ 28.16% Transfers Out- 1,160,000 - 60,000 - - - 0.00% Tax Court Petitions180,000 - 180,000 53,345 327,784 - 327,784 0.00%Total Non-Departmental180,000$ 1,225,292$ 180,000$ 369,972$ 331,784$ 1,126$ 330,658$ 0.34%Total General Fund Expenditures29,720,183$ 30,297,549$ 29,708,238$ 29,346,569$ 30,427,622$ 7,266,914$ 23,160,708$ 23.88%Study Session Meeting of April 28, 2014 (Item No. 6) Title: March 2014 Monthly Financial ReportPage 3 Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 7 EXECUTIVE SUMMARY TITLE: First Quarter Investment Report (January – March 2014) RECOMMENDED ACTION: No action required at this time. POLICY CONSIDERATION: None at this time. SUMMARY: The Quarterly Investment Report provides an overview of the City’s investment portfolio, including the types of investments held, length of maturity, and yield. FINANCIAL OR BUDGET CONSIDERATION: The total portfolio value at March 31, 2014 was $46.5 million. Approximately 58% of the portfolio is in longer term investments that include agency bonds, municipal debt securities, and certificates of deposit. The remainder is held in money market accounts for future cash flow needs. A very consistent overall yield near 1% has been maintained for the past 12 to 18 months by balancing cash flow needs with longer term investment options. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Investment Portfolio Summary Prepared by: Darla Monson, Senior Accountant Reviewed by: Brian A. Swanson, Controller Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 7) Page 2 Title: First Quarter Investment Report (January – March 2014) DISCUSSION BACKGROUND: The City’s investment portfolio is focused on short term cash flow needs and investment in longer term securities. This is done in accordance with Minnesota Statute 118A and the City’s Investment Policy objectives of: 1) Preservation of capital; 2) Liquidity; and 3) Return on investment. PRESENT CONSIDERATIONS: The total portfolio value decreased by approximately $10.8 million in the first quarter from $57.3 million at 12/31/2013 to $46.5 million at 3/31/2014. This is typical of the first quarter of the year, as a large amount of cash is received in December from the second half property tax and TIF settlements. Much of this cash is then needed in the first quarter to pay the February 1 debt service payments and Pay As You Go TIF note payments, as well as the normal payroll and general operating expenses. Construction contract payments for the Highway 7 and Louisiana Avenue project continued during the first quarter, and even though smaller over the winter months, still totaled $2.2 million. The overall yield of the portfolio remained consistent at .77% in the first quarter compared to .79% at 12/31/2013. Cities generally use a benchmark such as the two year Treasury (.44% at 3/31/2014) or some similar measure for yield comparison of their overall portfolio. Money market rates currently range from just .02% in both the 4M Fund and UBS Money Market to .08% at Citizens Independent Bank. This does unfortunately keep the total portfolio yield down, but there are very few options other than money markets for investing cash short term. A new money market account will be opened at Northeast Bank early in the second quarter. This new account currently offers a higher interest rate of .4%, which will help to maximize interest earnings on available cash. Approximately 42% or just under $20 million of the portfolio, is currently held in money markets. It is necessary to keep cash available between property tax settlements for on-going cash flow needs for capital project payments, payroll, and operating expenses. The next property tax payment is the 70% advance settlement, which will be received on June 23, 2014, with the remainder on July 7, 2014. It is also important to keep some liquidity for purchasing longer term securities if good options come available. Another 9% or $4.3 million of the portfolio, is invested in fixed rate certificates of deposit at rates that have ranged from .5% for two years to 1.75% for five years. With rates on bonds continuing to be very low, purchasing these fixed rate CD’s has helped to keep the portfolio yield stable. There are currently 18 CD’s in the portfolio, each with a face value of $200,000 to $240,000, which guarantees that each CD is insured by the FDIC up to $250,000. Five of these CD’s will mature in 2014, with three maturing in the upcoming quarter. The remaining half, or approximately $23 million of the portfolio, is invested in other long term securities, including municipal debt ($14 million) and agency bonds ($9 million). Municipal debt instruments are bonds issued by States, local governments, or school districts to finance special projects. Agency bonds are issued by government agencies such as the Federal Home Loan Bank or Fannie Mae. The agency bonds usually have higher interest rates to the final maturity date in five years, but the issuers have the right to call the bonds at specific intervals prior to maturity if interest rates decline. Five of these agency bonds were called prior to maturity in the first quarter of 2014. Seven of the municipal debt securities will also mature in 2014. The proceeds from these calls and maturities will look to be reinvested when possible. Study Session Meeting of April 28, 2014 (Item No. 7) Page 3 Title: First Quarter Investment Report (January – March 2014) Here is a summary of the City’s portfolio at March 31, 2014: NEXT STEPS: None at this time. 12/31/13 03/31/14 <1 Year 53% 57% 1-2 Years 10% 13% 2-3 Years 10% 6% 3-4 Years 20% 22% >4 Years 7% 2% 12/31/13 03/31/14 Money Markets $23,899,703 $19,518,075 Commercial Paper $0 $0 Certificates of Deposit $4,295,948 $4,306,435 Municipal Debt $15,066,902 $13,634,704 Agency Bonds $13,994,673 $9,025,074 City of St. Louis Park Investment Portfolio Summary March 31, 2014 Institution/Broker Investment Type CUSIP Maturity Date Yield to Maturity Par Value Market Value at 3/31/2014 Estimated Avg Annual Income Citizens Indep Bank Money Market 0.08%8,045,077 8,045,077 6,436 4M Fund Money Market 0.02%5,174,921 5,174,921 1,035 UBS CD - Bank of China NY 06425HN85 05/02/2014 0.60% 240,000 240,096 1,440 UBS CD - Medallion Bank UT 58403BXU5 05/07/2014 0.60% 240,000 240,115 1,440 UBS CD - Apple Bank NY 037830KP0 05/09/2014 0.50% 240,000 240,012 1,200 UBS CD - First Bank PR Sant 33764JNF8 10/27/2014 0.80% 240,000 240,624 1,920 UBS CD - Doral Bank PR 25811L2L2 12/08/2014 0.85% 240,000 240,768 2,040 UBS CD - Amer Exp Cent UT 02587DLS5 01/26/2015 0.85% 240,000 240,708 2,040 UBS Muni Debt - Amer Munic Pwr Ohio 02765UER1 02/15/2015 1.54% 1,000,000 1,025,810 15,400 UBS Muni Debt - Gilroy, CA 376087CZ3 04/01/2015 1.81% 1,125,000 1,161,259 20,363 UBS Muni Debt - Dist of Columbia 25476FLE6 06/01/2015 1.33% 1,000,000 1,038,450 13,310 UBS Muni Debt - Calif State 13063BNR9 10/01/2015 2.00% 1,000,000 1,029,710 20,000 UBS CD - BMW Bank UT 05568PZ59 10/26/2015 1.05% 240,000 241,474 2,520 UBS Muni Debt - Atl City, NJ 048339RR8 12/15/2015 2.70% 470,000 485,754 12,690 UBS CD - Barclays Bank DE 06740KFS1 01/11/2016 1.60% 240,000 244,409 3,840 UBS FNMA Step Up 3136FTXU8 12/29/2016 1.25% 1,000,000 1,005,190 12,500 UBS FHLMC 3134G3NN6 02/27/2017 0.72% 1,000,000 998,180 7,220 UBS CD - Discover Bank DE 254671AG5 05/02/2017 1.75% 240,000 242,266 4,200 UBS CD - GE Cap Retail Bank UT 36160NJZ3 05/04/2017 1.75% 240,000 242,978 4,200 UBS FHLMC 3134G3WV8 06/06/2017 1.01% 1,000,000 1,001,290 10,140 UBS Muni Debt - N. Orange Cty CA 661334DR0 08/01/2017 1.01% 1,000,000 1,007,700 10,110 UBS CD - Sallie Mae Bnk UT 79545OPE9 08/29/2017 1.70% 240,000 242,820 4,080 UBS CD - Sun Natl Bank NJ 86682ABV2 10/03/2017 1.00% 240,000 242,455 2,400 UBS CD - Everbank Jacksonvl FL 29976DPB0 10/31/2017 1.00% 240,000 241,394 2,400 UBS CD - Comenity Bank DE 981996AX9 12/05/2017 1.25% 200,000 198,000 2,500 UBS CD - Banco Popular PR 05967ESG5 12/05/2017 1.10% 240,000 241,097 2,640 UBS FNMA 3136G1AJ8 01/30/2018 1.06% 1,000,000 987,770 10,630 UBS FHLB 313381JW6 06/27/2018 0.92% 1,000,000 1,083,334 9,200 UBS Money Market 0.02% 6,298,077 6,298,077 1,260 20,701,740 Sterne, Agee Muni Debt - Outagamie Cnty WI 689900TH1 04/01/2014 2.53% 810,000 810,000 20,493 Sterne, Agee Muni Debt - Racine, WI 750046GB4 04/01/2014 0.70% 1,010,000 1,010,000 7,070 Sterne, Agee Muni Debt - Van Buren, MI Sch 920729GR5 05/01/2014 3.52% 705,000 706,925 24,816 Sterne, Agee Muni Debt - Union Co NJ 906347SC4 06/01/2014 4.04% 110,000 110,217 4,444 Sterne, Agee Muni Debt - Smithfield, RI 832322NP2 01/15/2015 1.90% 275,000 278,751 5,225 Sterne, Agee Muni Deb - Smithfield, RI 832322NQ0 01/15/2016 2.40% 275,000 283,206 6,600 Sterne, Agee Muni Debt - Elmore Cnty AL 28976PAS4 02/01/2016 0.85% 1,050,000 1,074,297 8,925 Sterne, Agee Muni Debt - Elmore Cnty AL 28976PAT2 02/01/2017 1.15% 1,000,000 1,018,010 11,500 Sterne, Agee Muni Debt - New York, NY 64966HJS0 04/01/2017 1.20% 500,000 567,995 6,000 5,859,401 Wells Fargo Muni Debt - State of WA 93974CLV0 08/01/2014 1.33% 1,000,000 1,010,290 13,300 Wells Fargo CD - Goldman Sachs Bank NY 38143AGR0 01/12/2015 1.50% 240,000 241,735 3,600 Wells Fargo CD - Ally Bank UT 0200SQYM9 01/26/2015 1.15% 240,000 241,738 2,760 Wells Fargo CD - GE Capital UT 36160XC62 01/06/2016 1.70% 240,000 243,746 4,080 Wells Fargo Muni Debt - Fond Du Lac WI Schl 344496JQ8 04/01/2017 1.05% 1,000,000 1,016,330 10,500 Wells Fargo FNMA 3135G0NH2 08/23/2017 0.95% 1,000,000 990,700 9,500 Wells Fargo Fannie Mae 3136G04A6 11/21/2017 1.00% 1,000,000 988,210 10,000 Wells Fargo FNMA 3135G0TM5 01/30/2018 1.02% 1,000,000 988,250 10,200 Wells Fargo Fannie Mae 3136G1AZ2 01/30/2018 1.00% 1,000,000 982,150 10,000 6,703,149 GRAND TOTAL 46,484,288 358,166 Portfolio Yield 0.77% Study Session Meeting of April 28, 2014 (Item No. 7) Title: First Quarter Investment Report (January – March 2014)Page 4 Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 8 EXECUTIVE SUMMARY TITLE: Nestlé (Novartis) Property Update RECOMMENDED ACTION: The purpose of this staff report is to provide an update regarding the future of the Nestlé HealthCare Nutrition property (5320 23rd Street W). POLICY CONSIDERATION: None at this time. Please let staff know of any questions that you might have. SUMMARY: Last December, Hillcrest Development entered into an option agreement to purchase the 25-acre Nestlé manufacturing property at 5320 W. 23rd St. Over the last several months, Hillcrest has been conducting inspections of the buildings and site. It also has been evaluating the economic feasibility of retaining the majority of the buildings and renovating them into flexible, multi-tenant industrial spaces. This proposed use is consistent with the City’s long range plan for the property. Assuming no unforeseen last-minute issues, Hillcrest plans to close on the property in May. During its due diligence, Hillcrest determined that a majority of the 312,000 SF plant is ideal for conversion to large, leasable, industrial spaces. However, Building #3, which is separate from the main building group and located in the middle of the truck court area, is functionally obsolete and has so many building code issues that it should be demolished. Hillcrest has asked the EDA to apply for a Metropolitan Council Tax Base Revitalization Account (TBRA) grant on its behalf to offset the cost of removing the 16,182 SF building. The Metropolitan Council requires an authorizing resolution from the governing body of the city where the project site is located, indicating that the city supports the submission of the grant application on behalf of the Redeveloper. Such a resolution is scheduled for the EDA’s consideration at its’ May 5th meeting. Hillcrest is a Minneapolis-based redeveloper with substantial experience acquiring challenging and obsolete industrial properties and refurbishing them into attractive, functional commercial and industrial spaces. Hillcrest is also currently in the process of acquiring the former Pentagon Park east of Highway 100 in Edina. FINANCIAL OR BUDGET CONSIDERATION: The amount of the TBRA grant application will be under $400,000 and will not require a local matching fund commitment from the EDA. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 9 EXECUTIVE SUMMARY TITLE: Dissolution of Minnesota Community Capital Fund (MCCF) RECOMMENDED ACTION: None. This report is to inform the EDA of the dissolution of MCCF effective April 30, 2014, and the return of the EDA’s membership deposit. POLICY CONSIDERATION: None at this time. Please let staff know of any questions you might have. SUMMARY: In April 2005 the EDA approved a $50,000 membership in the Twin Cities Community Capital Fund (TCCCF); a newly-formed, revolving loan pool designed to provide gap financing to small businesses located in member metro communities so as to enable them to grow and expand. In 2010, as a result of a significant downturn in lending activity due to the national recession, the TCCCF was dissolved and memberships were transferred to the Minnesota Community Capital Fund (MCCF); a larger, statewide, lending pool. Recently, Staff received notification that the MCCF Board of Directors decided to dissolve the MCCF loan program effective April 30, 2014. This decision was made based on the program’s inability to secure new capital sources to fund MCCF loans. The EDA’s initial membership deposit, minus a 5% nonrefundable administrative fee, was recently returned to the EDA. Staff will continue to investigate other small business lending programs in which the EDA may wish to consider participating. FINANCIAL OR BUDGET CONSIDERATION: As a result of the dissolution of MCCF, the EDA’s membership deposit of $50,000, minus a 5% nonrefundable administrative fee, has been deposited back into the Development Fund. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Julie Grove, Planning & Economic Development Assistant Greg Hunt, Economic Development Coordinator Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, EDA Executive Director and City Manager Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 10 EXECUTIVE SUMMARY TITLE: Cedar Trails Housing Improvement Area (HIA) - Disbursement of Remaining Funds RECOMMENDED ACTION: No action at this time. This report is being provided as an update to the Council in advance of staff bringing this item for formal Council approval on May 5. POLICY CONSIDERATION: Does the Council support depositing the remaining Cedar Trails HIA project funds of $16,092 into the Association’s replacement reserve fund, consistent with the Development Agreement between the City and Cedar Trails? SUMMARY: The Cedar Trails HIA was established in November 2002 and a Development Agreement between the City and Association was executed in December 2002. The total loan amount was $1,365,742. The total project costs came to $1,349,650 with a remaining balance of $16,092. The improvements included: • Bituminous Overlay of Parking Lots • Partial Replacement of Concrete Curbs, Gutters, Islands, Patios, and Sidewalks • Removal of 1 Wood Retaining Wall and Replacement of 5 Walls with Stone Walls. • Partial Replacement of Exterior Light Fixtures on Garage Buildings • Replacement of Roofs on Several Garage Buildings • Installation of Hardie Fiber Cement Siding on Garage Buildings; • Replacement of Roofs on Several Buildings • Partial Replacement of Common Area Acoustical Ceiling Tile, Vinyl Floor Tile, and Interior Light Fixtures • Partial Replacement of Washers and Dryers • Renovation of Pool Building • Replacement of Oldest Boilers, Pumps, Hot Water Heaters, and Water Softeners • Partial Replacement of Risers and Branch Piping • Partial Replacement of Windows and Patio Doors The Development Agreement allows for the Project Fund balance to be deposited in the Associations Replacement Reserve Fund for future common area improvements. The Cedar Trails HIA 10 year repayment period is complete and David Stendal with Omega Management, on behalf of Cedar Trails, requested the payout of the remaining balance which is $16,092. FINANCIAL OR BUDGET CONSIDERATION: The project fund has been held by the City and funds have been disbursed for all construction and all soft costs including the City’s administrative fee. The disbursement of the remaining project balance to Cedar Trails is consistent with the Development Agreement and does not impact the overall financial health of the EDA’s Development Fund. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: None Prepared by: Marney Olson, Housing Programs Coordinator Reviewed by: Michele Schnitker, Housing Supervisor Brian Swanson, Controller Approved by: Tom Harmening, City Manager Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 11 EXECUTIVE SUMMARY TITLE: Update on Community Emergency Response Team (CERT) RECOMMENDED ACTION: No action at this time. The purpose of this report is to inform the City Council of the progress towards developing a functional team for St. Louis Park. POLICY CONSIDERATION: Does the City Council have any questions or concerns regarding the formation of a CERT program in St. Louis Park? SUMMARY: During the March 18 Study Session the Fire Chief and City Manager updated the Council on plans for creating a CERT team in St. Louis Park. Since that date there has been considerable progress towards that goal including recruiting potential CERT team members. At this point it appears we have 10 – 15 residents interested in serving on the team and undertake the necessary training. Currently, we have a process and a plan that allows for a team to be established by mid to late June, 2014 FINANCIAL OR BUDGET CONSIDERATION: The overall impacts to the 2014 fire department operating budget should be minimal. Cost controls are as follows: • Use paid on call firefighters to train and mentor. Hourly rate and 2014 budget for payroll already allows for some increase in activity. We currently have 8 paid on call members signed up to assist. • By moving forward now there is required equipment available at no charge which would eliminate most startup costs. We have received all training materials and equipment to support a 40 person team. • By engaging in the CERT Leaders of Minnesota group it opens up significant training being shared across the metro. Instructors are being secured to deliver the 24 hour curriculum at no charge. • The only real startup costs that we would need to plan for would be tied to apparel. T- Shirts, Sweat shirts, gloves, hats, and maybe some two way radios. These expenses are estimated to cost approximately $1500, which the 2014 Emergency Management budget can absorb. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Prepared by: Steve Koering, Fire Chief Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 11) Page 2 Title: Update on Community Emergency Response Team (CERT) DISCUSSION BACKGROUND: The Community Emergency Response Team (CERT) concept was developed and implemented by the Los Angeles City Fire Department (LAFD) in 1985. The Whittier Narrows earthquake in 1987 underscored the area-wide threat of a major disaster in California. Further, it confirmed the need for training civilians to meet their immediate needs. As a result, the LAFD created the Disaster Preparedness Division with the purpose of training citizens and private and government employees. The training program that LAFD initiated makes good sense and furthers the process of citizens understanding their responsibility in preparing for disaster. It also increases their ability to safely help themselves, their family and their neighbors. The Federal Emergency Management Agency (FEMA) recognizes the importance of preparing citizens. The Emergency Management Institute (EMI) and the National Fire Academy adopted and expanded the CERT materials believing them applicable to all hazards. The CERT course will benefit any citizen who takes it. This individual will be better prepared to respond to and cope with the aftermath of a disaster. Additionally, if a community wants to supplement its response capability after a disaster, civilians can be recruited and trained as neighborhood, business and government teams that, in essence, will be auxiliary responders. These groups can provide immediate assistance to victims in their area; organize spontaneous volunteers who have not had the training and collect disaster intelligence that will assist professional responders with prioritization and allocation of resources following a disaster. Since 1993 when this training was made available nationally by FEMA, communities in 28 states and Puerto Rico have conducted CERT training. What is the Training? The CERT training consists of the following: • Session I, DISASTER PREPAREDNESS: Addresses hazards to which people are vulnerable in their community. Materials cover actions that participants and their families take before, during and after a disaster. As the session progresses, the instructor begins to explore an expanded response role for civilians in that they should begin to consider themselves disaster workers. Since they will want to help their family members and neighbors, this training can help them operate in a safe and appropriate manner. The CERT concept and organization are discussed as well as applicable laws governing volunteers in that jurisdiction. • Session II, DISASTER FIRE SUPPRESSION: Briefly covers fire chemistry, hazardous materials, fire hazards and fire suppression strategies. However, the thrust of this session is the safe use of fire extinguishers, sizing up the situation, controlling utilities and extinguishing a small fire. • Session III, DISASTER MEDICAL OPERATIONS PART I: Participants practice diagnosing and treating airway obstruction, bleeding and shock by using simple triage and rapid treatment techniques. • Session IV, DISASTER MEDICAL OPERATIONS, PART II: Covers evaluating patients by doing a head to toe assessment, establishing a medical treatment area, performing basic first aid and practicing in a safe and sanitary manner. • Session V, LIGHT SEARCH AND RESCUE OPERATIONS: Participants learn about search and rescue planning, size-up, search techniques, rescue techniques and, most important, rescuer safety. Study Session Meeting of April 28, 2014 (Item No. 11) Page 3 Title: Update on Community Emergency Response Team (CERT) • Session VI, DISASTER PSYCHOLOGY AND TEAM ORGANIZATION: Covers signs and symptoms that might be experienced by the disaster victim and worker. It addresses CERT organization and management principles and the need for documentation. • Session VII, COURSE REVIEW AND DISASTER SIMULATION: Participants review their answers from a take home examination. Finally, they practice the skills that they have learned during the previous six sessions in disaster activity. During each session participants are required to bring safety equipment (gloves, goggles, mask) and disaster supplies (bandages, flashlight, dressings) which will be used during the session. By doing this for each session, participants are building a disaster response kit of items that they will need during a disaster. Why St Louis Park? The City currently has a list of 1200 volunteers who make regular requests for opportunities to give back. Although CERT is a specific type of volunteer, we are extremely fortunate to be able to draw from this incredible list of resources. The fire department has an extensive background in working with community volunteers through our paid on call firefighters. St Louis Park Fire Department has twenty four paid on call members. We have a vision of improved and increased engagement of our paid on call staff and this opens up an opportunity for that to happen. Our paid on call staff can be the workforce to train, mentor and engage these CERT members. By establishing this immediate connection within the department and adopting these CERT members at the station level we will achieve a better sense of pride and ownership across the entire City. How will we utilize CERT? There are a variety of ways that CERT can be utilized or engaged within the community. Although the original design was centered on disasters there have been numerous ways to engage this volunteer workforce throughout the community. The key is to focus on them as on ongoing resource and part of our planning process. Examples of activities include: • Community Event support- registration, information, first aid, fire and safety prevention education • Wide Area searches of vulnerable adults or children • Community wide or neighborhood initiatives such as snow parking leaflets. • During disasters they can assist with volunteer coordination, door to door surveys, light search and rescue, patient receiving areas etc. • They can also be available as ambassadors of St Louis Park through deployments on a National Scale, i.e. Katrina • Expanding diversity throughout the community by recruiting members from these groups into the program. Ultimately their visibility within their neighborhoods or Wards sends a message that the City prioritizes the safety and wellbeing of our citizens and values their participation. It also provides one more way to connect and engage our community. NEXT STEPS: May 2, 2014 – Deadline for residents to apply to be on the CERT Team May and June – CERT Training June – Swear in CERT members at City Council meeting Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 12 EXECUTIVE SUMMARY TITLE: Update on Outdoor Refrigerated Ice Study RECOMMENDED ACTION: No action necessary at this time. This report is intended to provide the Council with a quick update on the feasibility study for an outdoor refrigerated ice rink at the Rec Center. POLICY CONSIDERATION: None at this time. SUMMARY: At the Study Session held on January 27, 2014, Council supported staff’s recommendation to begin a feasibility study on the potential for an outdoor refrigerated ice rink on the west side of the Rec Center. Since that time, staff has met with members of the St. Louis Park Hockey Association and prepared the guidelines for the feasibility study. Staff and Hockey Association members interviewed firms for the feasibility study on March 20, 2014. From the interviews, the group selected RSP Architects to perform the feasibility study. Steven Maurelli, RSP Architects, is the project manager for the study. Steven, along with his team, has previous experience working in St. Louis Park (Wolfe Park Veterans Memorial Amphitheater) as well as experience in outdoor refrigerated ice rink projects (Coon Rapids, MN, Roseville, MN, Reston, VA and Klamath Falls, OR). Staff and representatives from the Hockey Association have met with RSP Architects twice thus far, with the focus being what is possible, what is necessary and/or required and what is nice to have. One of the key consensus points is the amenity must be usable year-round and not just for winter hockey and skating. Staff anticipates the feasibility study will be completed by early June, with a presentation of the study to Council in late June or early July. FINANCIAL OR BUDGET CONSIDERATION: The cost of the study is approximately $10,000 and is being funded using the proceeds from the $200,000 donation the Hockey Association made to the City in late 2013. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Jason Eisold, Rec Center Manager Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Meeting: Study Session Meeting Date: April 28, 2014 Written Report: 13 EXECUTIVE SUMMARY TITLE: Update on 2014/2015 Neighborhood Grants RECOMMENDED ACTION: No action required. This report is being provided in preparation for a request for formal Council approval of the grants on May 5. POLICY CONSIDERATION: Does Council have any concerns about the neighborhood grant allocations as proposed? SUMMARY: Each year grant funding is made available to neighborhood associations to promote strong neighborhoods and enhance community connections by bringing neighbors together. Grant applications from 21 neighborhoods were received in March. On April 8th Breanna Erickson facilitated the grant review process with Grant Review Committee Members Erica Bagstad (Pennsylvania Park), Mary Kay Raycette (Oak Hill), Marney Olson (City Staff) and Brian Johnson (Minikahda Oaks). The Grant Review Committee met to review the grant applications and make funding recommendations to the City Council. Attached is a worksheet that provides specific detail on the recommendations made by the Grant Review Committee. FINANCIAL OR BUDGET CONSIDERATION: The Grant Review Committee recommends approval of $31,000 to fund the following 21 neighborhood grants: $1350 Aquila $1975 Birchwood $1996 Blackstone $1520 Bronx Park $610 Brooklawns $1100 Brookside $2000 Browndale $940 Cobblecrest $1135 Creekside $740 Crestview $1600 Eliot View $1925 Elmwood $1505 Fern Hill $1205 Lake Forest $1700 Lenox $2000 Minikahda Oaks $1349 Minikahda Vista $1875 Minnehaha $2000 Sorensen $475 South Oak Hill $2000 Westwood Hills The Grant Review Committee recommends approval of $1375 to fund the environmental grants for fourteen neighborhoods. The Grant Review Committee recommends approval of $4400 to fund insurance purchases for twelve neighborhoods. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion 2014 Neighborhood Grant Guidelines Neighborhood Grant Worksheet Prepared by: Breanna Erickson, Community Liaison Reviewed by: John Luse, Chief of Police Approved by: Tom Harmening, City Manager Study Session Meeting of April 28, 2014 (Item No. 13) Page 2 Title: Update on 2014/2015 Neighborhood Grants DISCUSSION BACKGROUND: Each year grant funding is made available to neighborhood associations to promote strong neighborhoods and enhance community connections by bringing neighbors together. The City Council appropriated $31,000 in grant funds for the 2014 neighborhood grant program, $2,000 for environmental initiatives, and $15,000 for insurance. Organized St. Louis Park neighborhood associations may apply for up to $2,000 annually to support activities, operations and community building activities and up to $100 for environmental related activities. Neighborhood Associations are responsible for providing insurance when planning neighborhood events in parks that bring outside equipment into the park such as, but not limited to, moonwalks, petting zoos, etc. Neighborhood associations can apply for a maximum of $500 in addition to the standard grant to assist with purchasing insurance. Grant applications from 21 neighborhoods were received in March. The total grant request for 2014/2015 was $32,677. Twelve of these neighborhoods also applied for additional insurance reimbursements and fourteen neighborhoods applied for the environmental funding. The Grant Review Committee that met April 8th evaluated each grant application and made funding recommendations to meet the $31,000 budget for the neighborhood grants. The grant applications came in $1,677 over budget so the committee was forced to make reductions to some of the neighborhoods. The 2014 Neighborhood Grant Guidelines state that garage sales will be given the lowest priority, and, if grant requests exceed the amount available for funding, garage sales will not be funded. For 2014/2015 the committee chose not to fund garage sales since this is a revenue generating activity for participants. The committee made up of three residents did a great job evaluating each grant against the grant guidelines and making cuts to stay within budget and meet the goal of the grants which is to support neighborhoods and enhance community connections by bringing neighbors together. This item will come before the Council for action on Monday, May 5, 2014. Study Session Meeting of April 28, 2014 (Item No. 13) Page 3 Title: Update on 2014/2015 Neighborhood Grants NEIGHBORHOOD REVITALIZATION PROGRAM 2014/2015 GRANT GUIDELINES Grant Purpose In 1996, the City of St. Louis Park established this grant program to support neighborhoods and enhance community connections by bringing neighbors together. Financial support is provided for special projects initiated by neighbors to address issues, implement ideas or create opportunities that are meaningful and important to their neighborhoods. This purpose still applies today and supports the Vision Strategic Direction: St. Louis Park is committed to being a connected and engaged community. In 2014/2015, up to $31,000 in grants will be available to organized St. Louis Park neighborhoods for activities that physically improve the neighborhood, enhance the sense of community within the neighborhood, support citizen involvement, or develop neighborhood leadership. Environmental Grant: An additional $2,000 in grants will be available to neighborhoods that incorporate an environmental component either in conjunction with an existing event or adding a new program/event. This new grant element ties to the Vision Strategic Direction: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Money is also available for neighborhood associations seeking additional insurance for neighborhood activities. More information is available on page 3 under “Funding for Insurance”. Eligible Activities Examples of eligible uses for grant funds are: newsletters, meetings, postage, picnics, parties, youth or senior programs, new neighbor welcome, hayrides, ice cream socials, children’s parades, entrance signs, flower plantings, park improvements or community gardens. However, neighborhoods are not limited to these examples. Residents are encouraged to be creative in assessing their needs and determining the projects they want to undertake as a neighborhood. Neighborhood leaders are required to include neighborhood resident input for proposed projects. How you choose to receive this input must be included in the grant application. A few examples of eligible expenses for the environmental component are: purchasing environmentally friendly products for a neighborhood event, hosting an earth day or buckthorn removal event, and working with our Parks & Rec department to add plants or recycling containers to a park. Study Session Meeting of April 28, 2014 (Item No. 13) Page 4 Title: Update on 2014/2015 Neighborhood Grants Eligible Applicants To qualify, a neighborhood must have an established formal neighborhood association with elected officers and a method of transferring leadership from one year to the next. A neighborhood association must have written bylaws approved by its membership. Bylaws should be reviewed annually. Matching Grant Funds To qualify for a grant, a neighborhood must demonstrate how it will contribute to or leverage the Neighborhood Revitalization grant funds. A match of neighborhood resources maximizes the use of limited City funds and confirms the commitment from each neighborhood. Neighborhoods should provide a 100% (dollar for dollar) match to the grant amount. Any combination of sources is acceptable in calculating the neighborhood match. These can be in the form of: • cash raised through fundraising • fees collected at activities • donations from businesses, civic groups, etc. • in-kind services or sweat equity Improvements to Private Property Neighborhoods should be aware that legal issues limit the use of City funds to improve private property. Applicants should be able to clearly demonstrate a strong public purpose for funds proposed to improve private property in any way. Improvements to Public Land or Parks Physical improvements to any public property must be coordinated with the appropriate City department. It should not conflict with or duplicate a project in the City’s Capital Improvements Program. A letter of feasibility must be included with a grant application that requests funding for park improvements. This letter should confirm that the appropriate City department has reviewed the proposed improvements, that the proposal is feasible, and that the project budget is a reasonable estimate of project costs. City department contacts for capital improvements; • Scott Brink, Public Works Department, 952-924-2687 • Rick Beane, Parks and Recreation Department, 952-928-2854 Old Grants Neighborhoods with a previous grant must close out their account before new grant funds are awarded. The deadline to close out 2013 grants is April 30, 2014. Neighborhoods that received a lump sum advance amount for a 2013 grant must turn in all outstanding receipts or reimburse the city for funds not used. Study Session Meeting of April 28, 2014 (Item No. 13) Page 5 Title: Update on 2014/2015 Neighborhood Grants 2014/2015 Grant Deadlines 2014/15 grants will run from May 1, 2014 to April 30, 2015. All receipts for expenses incurred in 2014 should be turned in by January 31, 2015. All 2015 receipts are due by May 1, 2015. Funding Priorities Up to $31,000 is available for grants to neighborhoods in this funding cycle, including $2,000 for environmental components. However, with 27 organized neighborhoods eligible for funds, the process is competitive. Neighborhood leaders are advised to request funds for their most important needs. During the grant review process, greater consideration will be given to proposals that enhance community connections and show a greater match amount. Lesser consideration will be given to proposals for park improvements and proposals that show a large expenditure for a single activity. Garage sales will be given the lowest priority. If grant requests exceed the amount available for funding, garage sales will not be funded. Funding for Insurance When planning neighborhood events in parks, you may be required to make provisions to use your own insurance. Neighborhood Associations are responsible for providing outside insurance when planning neighborhood events in parks that bring outside equipment into the park such as, but not limited to moonwalks, petting zoos, etc. Without clear delineation of who is responsible in case of accidents, neighborhood leaders may be held liable. To assist neighborhood associations with purchasing additional insurance, you can apply for a maximum of $500 per neighborhood in addition to the standard grant request. This money is strictly for insurance and cannot be used for any other reimbursement. Award Limits  Group activities, social events and meetings are considered for funding up to a maximum of $800 per activity.  There is a $2000 grant award limit per neighborhood for all requests. Any neighborhood requesting more than $1500 is advised to include priority preferences on their application.  Neighborhoods can apply for up to $100 for environmental projects.  $500 per neighborhood is available for the purchase of insurance. Study Session Meeting of April 28, 2014 (Item No. 13) Page 6 Title: Update on 2014/2015 Neighborhood Grants Grant Process Steps 1. Apply Applications must be received by 4:30 p.m. on Monday, March 24th, 2014. They may be mailed or hand-delivered to Breanna Erickson, Community Liaison, City of St. Louis Park, 3015 Raleigh Ave. South, St. Louis Park, MN 55416. Grants may also be submitted by email to berickson@stlouispark.org or faxed to 952-924-2676. Any applications received after the deadline will not be eligible to receive a grant. Please email Breanna if you would like to receive an electronic grant application. 2. Review Time City staff and a committee of volunteer neighborhood leaders will review the grant proposals and make recommendations for approval to the City Manager. 3. Final Approval Final authorization of the awards will be approved at a City Council Meeting late April or early May. 4. Signed Agreements Within two weeks of approval, each recipient neighborhood will receive a grant agreement from the City. The agreement must be signed and returned prior to any funds being released. Pre-application Assistance All applicants are strongly encouraged to talk to city staff as they work to identify projects and put together their applications. This will help to ensure complete and accurate applications, as well as streamline application review. Electronic Application Contact Breanna Erickson at berickson@stlouispark.org or 952-924-2184 if you would like an electronic application (Microsoft Excel) emailed to you. Questions? Contact Breanna Erickson, Community Liaison at (952) 924-2184 or berickson@stlouispark.org Study Session Meeting of April 28, 2014 (Item No. 13) Page 7 Title: Update on 2014/2015 Neighborhood Grants 2014/2015 Neighborhood Grant Worksheet The 2014/15 grant period begins May 1, 2014 and ends April 30, 2015. Requested Amount Amount Recommended Aquila $1,350 $1,350 $150 Trail Clean Up $700 Picnic/Annual Meeting $500 Newsletter/Mailing $100 Environmental: Trail Clean up $100 $50 Insurance Request $50 Birchwood $1,975 $1,975 $475 Ice Cream Social $700 Skating Party $450 Movie Night $350 Newsletter $500 Insurance Request $500 Blackstone $1,996 $1,996 $321 Porta Potty at Blackstone Park $160 Blackstone Park Lawn and Trees $190 Summer Kick Off Party $170 Summer Gathering $75 Ice Cream/Float Social $445 National Night Out $215 Pizza Night $260 Winter Gathering $160 Operating Support $100 Insurance Request $100 $100 Environmental Component: Flowers $100 Bronx Park $1,520 $1,670 $700 Annual Neighborhood Picnic $150 Cut made for the neighborhood garage sale advertisement $150 Neighborhood Garage Sale $420 Children & Family Social Activities $200 Neighborhood Newsletter $200 General Meeting Expenses $200 Insurance Request $200 Study Session Meeting of April 28, 2014 (Item No. 13) Page 8 Title: Update on 2014/2015 Neighborhood Grants Requested Amount Amount Recommended Brooklawns $610 $610 $50 Kid's Egg Hunt $300 Kid's Halloween Party $260 National Night Out Block Parties $75 Environmental Component: Fall Planter Event $75 Brookside $1,100 $1,200 $500 National Night Out Block Party $100 Cut made for the neighborhood yard sale newspaper add $250 Annual Meeting $200 Parade & Picnic at Jackley Park $100 Nbhd Yard Sale- Ads for newspaper $150 Porta Potty at Jackley Park $150 Insurance Request $150 $100 Environment: Weed noise wall $100 Browndale $2,000 $2,000 $400 Newsletter $600 Fall Bonfire and Bluegrass Event $500 Family Camp Outs $100 Winterfest $150 Spring Egg Hunt $125 Earth Day Children's Event $125 Independence Day Kid's Parade $500 Insurance Request $500 $100 Environmental: Earth Day Clean Up $100 Cobblecrest $940 $1,100 $880 Hayride at Aquila Park Cut $160 from general for not specific project request $400 Insurance Request $400 Study Session Meeting of April 28, 2014 (Item No. 13) Page 9 Title: Update on 2014/2015 Neighborhood Grants Requested Amount Amount Recommended Creekside $1,135 $1,135 $10 Plant Exchange $40 Creekside Clean Up $700 Neighborhood Block Party $75 Neighborhood Plant Urn $50 National Night Out $150 Porta Potty at Jackley Park $40 Winter Event $70 Annual Meeting & Admin Costs $500 Insurance Request $500 Crestview $740 $737 $418 Neighborhood Picnic $169 Neighborhood Signage $50 Women's Social $100 Block Captain Gathering $500 Insurance Request $500 Eliot View $1,600 $2,150 $650 Annual Picnic & Election Cut $550 total, mostly general cuts; $100 cut from Website development, and reduce $200 for Garden Party (suggest use of SLP Staff Speaker). $400 Garden Party with Ice Cream Social $550 Night at the Movies $450 Youth Activity/Fitness $100 Website Development- Outside Assistance $100 Environmental: Garden Party $100 Elmwood $1,925 $2,000 $75 Garage Sale (or to be used for advertising other events) $450 Kids Halloween Party $600 Porta Potty at Central Park Cut $75 for garage sale advertising $675 Summer Picnic $50 Annual Meeting $150 Annual Winter Bowling Party $500 Insurance Request $500 $100 Environmental: Porta Potty at Parks $100 Study Session Meeting of April 28, 2014 (Item No. 13) Page 10 Title: Update on 2014/2015 Neighborhood Grants Requested Amount Amount Recommended Fern Hill $1,505 $1,505 $290 Movie Night $305 Neighborhood BBQ $290 Movie Night $295 Fall Festival $325 Jewish Community Outreach Lake Forest $1,205 $1,205 $610 Neighborhood Annual Social Party $265 National Night Out Block Parties $125 Neighborhood Entrance Fence Repair $55 General Association Supplies $150 Neighborhood Garden Upkeep $100 Environmental: Compostable supplies $100 Requested Amount Lenox $1,700 $1,900 $600 Neighborhood Newsletters Cut $200 for promotional mailing (suggested hand delivering spring mailing) $450 Spring Social $400 Summer Picnic & Volunteer Project $450 Fall/Winter Social $100 Environmental Component: Aluminum refillable water bottle, customize with Lenox Neighborhood design $100 Minikahda Oaks $2,000 $2,000 $600 National Night Out/Annual Picnic/Meeting $400 Neighborhood Beautification and Landscaping $300 Spring Egg Hunt & Neighborhood Clean Up $400 Fall Festival $300 Holiday Progressive Dinner $500 Insurance Request $500 $100 Environmental Component: Bass Lake Park Improvements $100 Study Session Meeting of April 28, 2014 (Item No. 13) Page 11 Title: Update on 2014/2015 Neighborhood Grants Requested Amount Amount Recommended Minikahda Vista $1,349 $1,669 $100 Annual Meeting & Potluck Cut $320 for garage sale $150 Annual Plant Swap $320 Garage Sale $164 Newsletter $935 National Night Out $100 Environmental: Plant and Herb $100 Minnehaha $1,875 $2,000 $700 National Night Out Cut $125 for garage sale $700 Parent/Kid Playtime $125 Garage Sale $475 Neighborhood BBQ & Halloween Event $1,950 Environmental Project $100 Environmental: Neighborhood Clean Up $100 Sorensen $2,000 $2,000 $690 Neighborhood Newsletters $705 Annual Fall Social $290 Annual Sorensen Business Meeting $240 Webster Park Porta-Potty $75 Wine & Cheese Fundraiser for STEP $100 Environmental Experiential Education $100 South Oak Hill $475 $475 $250 Neighborhood Meetings $225 Summer Ice Cream Social Westwood Hills $2,000 $2,000 $700 WHNA Family Fall Party $650 Winter Warm Up! $300 Service Day/Ice Cream Social $200 Annual Meeting $150 Ladies Night Out $500 Insurance Request $500 $100 Environmental Component $100 Study Session Meeting of April 28, 2014 (Item No. 13) Page 12 Title: Update on 2014/2015 Neighborhood Grants $32,677 Total Requested by All Neighborhoods $31,000 $4,400 Total Insurance Request $4,400 $1,375 Total Environmental Request $1,375