Board of ReviewCITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: March 30, 1995
SUBJ: Work Session, April 3, 1995, at 6:30 p.m.
The three work session items are as follows:
1. Board of Review - Orlin Schafer. Carver County Assessor Orlin will be
present Monday evening. Issue likely to be discussed include:
Another item which the council,"' wis h T to discuss on Monday evening would
be whether this process should be ch in the future. An alternative
method would be as estabhshe 2J)"' Bloomington where the city council selects
individuals with knowledge of real estate to hear citizen concerns and to act as
the Board of Review.]
2. MIS System Progress Report - The underlying vehicle bringing us to where we
are is the water surface usage plan. In its infancy it represented a major
MEMORANDUM
' Mayor and City Council
March 30, 1995
' Page 2
expense which had definable objectives of locating every wetland within the
community, establishing a means to ensure their protection, completing
hydrology calculations to enhance them, and to recommend ways to
protect/preserve /enhance the quality of our lakes. It also represented the
' potential of providing an MIS (Municipal Information System) as a byproduct,
but the success of that happening was not known. To meet the primary goals,
electronic base mapping was required for the entire city. That base map would
then be overlaid with electronic contours. Finally, significant coordination
would be required between the city and the county to ensure that all of the
XYZ coordinates related to the rest of the world. The location of parcels was
' considered "space age" in that their locations would be established by a
satellite 400 miles in space (GPS- Global Positioning System).
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Goals listed above were estimated to require at least 2 -3 years to achieve ('95-
'96). We achieved those goals in the fall of 1994 and received the Minnesota
Society of Engineer's Award of Excellence in early 1995 (2 -3 council members
attended the awards banquet).
On Monday evening we will not only see that we are ahead of schedule, but
that our hopes of using this system as the foundation for an MIS is not only
possible, but is achievable. What you will see represents an axiom I firmly
believe in - "I'd rather be lucky than smart." The space age stuff I referred to
above was technology that existed two years ago, i.e. aerial photography to
establish electronic contour overlays, base map technology (AutoCad), and
GPS. As these were autocad files, unlimited additional overlays could be
developed including all information in regards to our sewer /water /street/etc.
systems, permits/licenses, accounting/utility /tax information, etc. Completing
several of the above subsidiary systems as overlays have been set as 1995
goals, i.e. permitting, accounting, utility and park and recreation. Completing
the establishment of the accounting/utility /payroll as in -house systems should
also produce significant cost savings.
Although the technology existed to allow each of the objectives listed above to
become a reality, full usefulness of that locomotive and the thousands of freight
cars it was pulling had major limitations. Specifically, autocad is a very
technical piece of software requiring one to two years of training to produce
any type of maps or reports. Secondarily, autocad simply does not function on
a typical computer as exists in any of our existing offices. Assuming that I
could navigate through autocad and had my computer connected through the
network to a more major microcomputer, the technology did not exist to allow
the transfer of that data from that larger computer to my own. [You could do
it but it would virtually take one day to download all of the pictsels necessary
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Mayor and City Council
March 30, 1995
Page 3
to create one map.] Here is where the "luckier than smart" comes into play.
Two months ago, Arc Info released its most recent version of software capable
of using the autocad files in a fashion to truly represent an MIS system. This
system works best having numerous personal computers connected to a primary
server (Risk computer) via a Novell server and having subsidiary systems
(accounting/utility /payroll) developed on a Foxpro platform. We own every
piece of equipment/software established by Arc Info as the "ideal
configuration." Arc Info's newest version is simply to use. Simply draw a
circle around the Western Hills neighborhood using your mouse. Then click
inside the circle. All of Western Hills appears on the screen. Drawing another
circle around Longview Circle and clicking inside of that brings up all lots on
that street. Finally, clicking on my lot displays the entire lot, its dimensions,
and all pertinent information regarding tax, permits, lot dimensions, etc. Arc
Info solved the downloading problem by having the Risk computer develop the
image that it was requesting and then "taking a picture" of that image before
attempting to download it to me. The demonstration Monday evening will
include a number of police /fire applications, engineering/planning applications,
etc. Dr. "Spock" Hartley will be your tour guide. I think you'll be truly
amazed.
3. Code of Ethics - I didn't realize in setting this item as work session item that
such would represent a conflict for Roger Knutson. I will probably not be able
to answer your questions, but potentially we can use Monday evening as an
opportunity to see whether the draft is close to what you are looking for or
whether we need to head in a new direction. If so, which way.
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Division B. Board of Review
' Added by Ord. No. 79 -39, 6 -25-79
Repealed by Ord. No. 86-6, 2 -3-86
Added by Ord. No. 94-6, 1 -24-94
' SEC. 2.79. ESTABLISHMENT.
There is hereby established a board of review to be known as the Board of Review, which
' shall have the authority and duties set forth in this Division. This Board is established pursuant
to the authority granted under Minnesota Statutes, Section 274.01, subdivision 2, and Section
2.02 of the City Charter.
(Added by Ord. No. 94-6, 1- 24-94)
SEC. 2.80. PURPOSE.
' The purpose of the Board of Review shall be to conduct hearings and to make preliminary
property classification and assessment determinations for the City Council.
(Added by Ord. No. 94-6,1-24-94)
' SEC. 2.81. DUTIES AND RESPONSIBILITIES: RELATION TO COUNCIL
. (a) The City Council of the City of Bloomington hereby delegates to the Board of Review
the following authority and duties:
t (1) To conduct annual meetings and hearings as required to fulfill its duties
hereunder,
(2) To determine whether taxable property in the City has been properly placed on the
' assessment list and properly valued by the Assessor;
(3) To place omitted real or personal property on the assessment list with is market
value;
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(4) Upon application of a property owner or taxpayer, to review the classification of
real or personal property and to correct it as appears just; and
(5) Upon application of a property owner or taxpayer to review the assessment of real
or personal property and to decrease, sustain, or increase market values as it appears just.
(b) All determinations of the Board of Review are preliminary in nature and shall be
referred to the City Council, which shall act as the local board of equalization for the City
pursuant to Section 7.04 of the City Charter.
(c) The City Council shall consider all determinations of the Board of Review, on the record
and without further testimony, and shall sustain or correct those determinations as appears just.
The decisions of the City Council shall be made within twenty (20) days of the date of the
commencement of the Board of Review hearings, unless the time for decision has been
extended as authorized by statute.
(d) The decisions of the City Council are final and are appealable to the Hennepin County
Board of Equalization pursuant to the provisions of state law. Copies of the City Council
decisions shall be sent to the Hennepin County Assessor.
(Added by Ord. No. 94-6,1-24-94)
SEC. 2.82. MEMBERSHIP: QUORUM: TERMS: COMPENSATION: VACANCIES
(a) The Board shall consist of five (5) members appointed by the City Council. Three (3)
members constitute a quorum for purposes of conducting Board duties.
(b) All members shall be residents of the City of Bloomington.
(c) All members shall have experience as an appraiser, realtor, real estate attorney, or
property manager, or be otherwise familiar with real estate valuation in the City. At least two (2)
of the members shall have experience in commercial, industrial, and /or apartment valuation.
(d) For the initial appointments in 1994, two of the Board members shall be appointed for a
one -year term, and three of the Board members shall be appointed for two -year terms.
Thereafter, all members shall be appointed for two -year terms. No member shall serve for more
' than six years on the Board.
(e) Board members may be compensated on a per meeting basis, at rates established by
resolution of the City Council. The Board's chairperson may be compensated at a greater
amount than other Board members. No compensation shall be paid for attendance at orientation
meetings for the Board.
(f) Members of the Board shall serve until their term has expired and a successor has
' been appointed, until their resignation, or until they have been removed from office by the City
Council. Vacancies shall be filled by appointment of the Council.
(g) If a member fails to attend three consecutive regular Board meetings and such
absences are unexcused, that member shall be deemed to have resigned. An absence shall be
deemed excused if. 1) the absence was due to injury, illness, family emergency, or other
important reason; and 2) the Board member notified the City Assessor of the reason for the
absence prior to the Board meeting.
(Added by Ord. No. 94 -6, 1- 24 -94)
SEC. 2.83. RULES AND PROCEDURES.
(a)' The City Council shall establish rules and procedures to be followed by the Board in the
exercise of its duties.
(b) The Board may adopt additional rules and procedures not inconsistent with state law,
this ordinance, and any rules established by the City Council. Any rules adopted by the Board
' shall be approved by the City Council.
(Added by Ord. No. 94-6,1-24-94)
SEC. 2.84. - 2.94. RESERVED.
(c) At the first Board meeting of the year, the Board shall elect a chairperson.
' The Chairperson shall preside at all Board meetings, and shall have duties and
responsibilities specifically prescribed by any applicable laws and regulations, or as are
specifically delegated or assigned by the City Council.
(d) Board meetings shall be conducted in accordance with Robert's Rules of
' Order.
(e) Three (3) members of the Board must be present for a quorum to exist in
' order to conduct Board reviews. Formal action may be taken by a majority of those
members present at a meeting.
' (f) Board meetings, shall be attended by the City Assessor, and/or a
designated City staff member, and a recording secretary. The Board may also request the
advice of the City Attorney on legal issues which arise.
' (g) Upon receipt of the completed applications of property owners or
taxpayers, the City Assessor shall schedule hearings thereon. Board meetings shall be held
' until all petitions have been heard.
Each appellant will be allowed a maximum of 10 minutes to present any
data or information relevant to the market value or classification of the subject property.
The Assessor, or a designee assigned by the Assessor, will be allowed a maximum. of ;:.:,e
row ke-
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BOARD OF REVIEW RULES AND PROCEDURES
I. GENERAL
The following rules and procedures shall govern the Board of Review in the
exercise of the authority and responsibilities granted to it pursuant to City Code, Sections
' 2.79-2.83.
II. MEETINGS
onduct annual meetings and hearings in accordance with
(a) The Board shall c g
Minnesota Statutes, Section 274.01, subd. 1, and make preliminary determinations of
'
property classification and assessment matters for the City Council. The Board meetings
shall be conducted in the City Council Chambers of the City Hall. The City Clerk shall
give published and posted notice of the meetings at least ten (10) days in advance thereof.
'
(b) g All meetings of the Board shall be considered open meetings and shall be
'
conducted in accordance with the provisions of the Minnesota Open Meeting Law
Section 471.705).
(Minnesota Statutes,
(c) At the first Board meeting of the year, the Board shall elect a chairperson.
' The Chairperson shall preside at all Board meetings, and shall have duties and
responsibilities specifically prescribed by any applicable laws and regulations, or as are
specifically delegated or assigned by the City Council.
(d) Board meetings shall be conducted in accordance with Robert's Rules of
' Order.
(e) Three (3) members of the Board must be present for a quorum to exist in
' order to conduct Board reviews. Formal action may be taken by a majority of those
members present at a meeting.
' (f) Board meetings, shall be attended by the City Assessor, and/or a
designated City staff member, and a recording secretary. The Board may also request the
advice of the City Attorney on legal issues which arise.
' (g) Upon receipt of the completed applications of property owners or
taxpayers, the City Assessor shall schedule hearings thereon. Board meetings shall be held
' until all petitions have been heard.
Each appellant will be allowed a maximum of 10 minutes to present any
data or information relevant to the market value or classification of the subject property.
The Assessor, or a designee assigned by the Assessor, will be allowed a maximum. of ;:.:,e
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(b) . No Board member shall participate or vote in any deliberation relating to
property in which he or she has a conflict of interest. A conflict of interest exists where a
member:
(1) has a material, financial interest in the property, or is affected by the
issues or proposal greater than other members of his/her business classification,
profession, or occupation; or
(2) is a director, trustee, officer, employee, or agent of any business or
institution directly involved with the property; or
(3) is related by blood or marriage to an individual having any
ownership interest or other pecuniary interest in the subject property.
Prior to the commencement of any discussion or deliberation a member
who has a conflict of interest shall disclose orally that he /she has a conflict of interest to
the Board chairperson, and excuse himselfiherself from any further discussion or
deliberation on that case.
Approved and adopted on this 7th
the City Council of the City of Bloomington.
day of February , 1994, by
(5) minutes rebuttal to present any relevant information to support the estimated market
value or classification assigned by the Assessor.
(h) The Board shall take each petition under advisement and shall render its
determination thereon at a subsequent meeting of the Board.
(i) =- A list of all appellants and copies of all Board determinations shall be sent
to the City Council for final consideration and decision not more than twenty (20) days
from the commencement of the Board of Review.
M. CONFLICTS: EX PARTE COMMUNICATIONS.
(a) When not in session, the Board shall not accept or consider any ex parte
communications concerning parcels being reviewed, except as requested by the Board, at
a regular Board meeting, in order to render an equitable decision
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(b) . No Board member shall participate or vote in any deliberation relating to
property in which he or she has a conflict of interest. A conflict of interest exists where a
member:
(1) has a material, financial interest in the property, or is affected by the
issues or proposal greater than other members of his/her business classification,
profession, or occupation; or
(2) is a director, trustee, officer, employee, or agent of any business or
institution directly involved with the property; or
(3) is related by blood or marriage to an individual having any
ownership interest or other pecuniary interest in the subject property.
Prior to the commencement of any discussion or deliberation a member
who has a conflict of interest shall disclose orally that he /she has a conflict of interest to
the Board chairperson, and excuse himselfiherself from any further discussion or
deliberation on that case.
Approved and adopted on this 7th
the City Council of the City of Bloomington.
day of February , 1994, by