The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
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EQUAL EYES OFFICIAL PUBLICATION OF THE MINNESOTA ASSOCIATION OF ASSESSING OFFICERS MNMAAO.ORG Winter 2021 VOLUME 43 NUMBER 163 The Greatest Architectural Loss in Minneapolis History Education: A Year in Review Photo Contest Winners
MAAO LEADERSHIP Executive Officers President Patrick Chapman, SAMA 1 Vice President st Joe Udermann, SAMA 2nd Vice President Tim Bulger, SAMA Imagine partnering with a pioneer in the Financial Officer Chase Peloquin, SAMA industry – a company who has empowered Past President Daryl Moeller, SAMA appraisal and tax professionals for more than 80 years. We connect communities by Regional Directors empowering your organization to achieve Region 1 Ryan DeCook, SAMA increased efficiency, productivity, and accuracy. Region 2 Jennifer Flicek, SAMA Take ownership of your future and succeed Region 3 Jean Sowada-Popp, SAMA in delivering fair, equitable, and defendable Region 4 Amber Peratalo, SAMA taxation with Tyler. tylertech.com/appraisal Region 5 David Parsons, SAMA Region 6 Doug Bruns, SAMA Region 7 Chris Odden, SAMA EDITORIAL COMMITTEE Region 8 Region 9 Mary Jo Otten, SAMA Joshua Hoogland, SAMA Committee Chairs Agricultural Mark Koehn, CMA CAMA and GIS Randy Lahr, SAMA Conference Coordinator Paul Knutson, SAMA, RES Editorial Jason Jorgensen, SAMA Information Systems Michael Neimeyer, CMA Lori Thingvold, SAMA Jason Jorgensen, SAMA Jamie Freeman, SAMA Wright County Wadena County Clearwater County Legislative Mark Peterson, SAMA Managing Editor Associate Editor Membership Coordinator Rebecca Malmquist, SAMA, RES Committee Chair Nominating and Procedures Michelle Snobl, AMA Residential John Conway, SAMA Rules and Resolutions Joe Udermann, SAMA Sales Ratio Dell Sanko, CMA Scholarship Carrie Borgheiinck, SAMA Secretary Penny Vikre, SAMA Site Selection Lisa Clarke, CMA Amber Swenson- Hill, SAMA Strategic Planning Michelle Moen, SAMA Nancy Gunderson SAMA Jake Pidde, SAMA Clay County Stearns County Polk County Summer Seminar Coordinator Kim Jensen, SAMA, CAE Tax Court / Valuations Ann Miller, SAMA Treasurer Reed Heidelberger, SAMA U40/10 Troy Halter, CMA Educational Workgroups Assessor Development Patrick Chapman, SAMA Course Management Tina Diedrich-Von Eschen, SAMA Mike Bjork, AMA Missy Manke, CMA Holly Soderbeck, SAMA Course Curriculum & Standards Sherri Kitchenmaster/Jessi Glancey, SAMA Washington County Wright County MN Dept of Revenue Education Coordinator/Online Admin. Emily Squyres 2 Winter 2021 / Equal Eyes
INdex Commissioner’s Comments 4 President’s Perspective 6 MAAP Update 8 Education 10 Top 10 20 Classifieds 22 The Greatest Architectural Loss What You Get For 23 in Minneapolis History Out of the Past 25 12 Transitions 26 Tax Court 28 * The statements made or opinions expressed by authors in Equal Eyes do not necessarily represent a policy position of the Minnesota Association of Assessing Officers. Winter 2021 / Equal Eyes 3
Commissioner’s Comments By Robert Doty MN Revenue Commissioner New Year, New Opportunities Now that 2021 is here, the Department on the agenda as the governor and easy, though not always seamless, of Revenue is gearing up for another legislators craft a budget for 2022- which mirrors our experience at productive year for the agency and our 23. Revenue. partners like MAAO. You play a key role in our property tax We’re fortunate that telework and Before continuing this discussion, system, which helps fund important online conferencing technology I’d like to introduce myself as the public services across Minnesota. make it possible to do much of our new revenue commissioner. For the Whatever this year brings, the work at a safe, social distance. We last three decades, I’ve worked as an department is here to support you may be able to transition back to accounting, finance, and organizational with the tools and guidance you need. office work this year, as COVID-19 leader in both the private and public In normal times, physical inspections vaccines become more available. sectors. and meetings make up a large part However, we all continue to deal of your work. But last year we all with some big unknowns. It’s not Most recently, I served as Revenue’s needed to adapt quickly to social yet clear when things will start assistant commissioner for tax policy distancing requirements and other returning to what we remember as and public engagement. In that role, safety measures just as appeals “normal.” At the Fall Conference, I’ve seen how the department’s season began – one of the busiest some concerns were raised about the partnership with MAAO benefits our times on the property tax calendar. pandemic’s continuing impact on our state. We continued to adapt our routines collective work. throughout the year. Together, we I look forward to building on this tackled many questions about how to We continue to take questions relationship, and to meeting you – fulfill assessors’ statutory duties in a and consider options for how to whether virtually or in-person – at safe way for you and the Minnesotans administer property taxes in a safe future MAAO-Revenue events. we all serve. and fair manner for 2021 and beyond. For now, please stay safe and follow Fluid Situation I know our Property Tax Division our existing guidance on the use of The COVID-19 pandemic continues to discussed these, and other topics, with virtual meetings and other tools to do present special challenges to property you at the MAAO Fall Conference in your work remotely. assessors and dominate public debate October. That discussion showed how at the Capitol as the legislative session many assessors found the transition The department will continue begins (January 5). Taxes will also be to working from home relatively to monitor this situation and the 4 Winter 2021 / Equal Eyes
Commissioner’s Comments, continued legislative session. As always, we’ll If you have any questions, please • Providing information in alternate provide updates and guidance on email us at proptax.questions@state. languages or formats for people any law or policy changes that affect mn.us or contact your Property Tax whose primary language is not your work. Compliance Officer. English, or who may have visual or other impairments to reading Short-Term Rentals Building One Minnesota Speaking of changes, in December Finally, I’m honored that Gov. • Internship programs to draw we sent you guidance on a new law Tim Walz appointed me to lead the new assessors from diverse that clarifies the classification of department. I share his vision for One backgrounds into the field residential properties rented out by Minnesota. As commissioner, my their owners. Qualifying short-term top priority is to provide a fair and • Sharing information among rental properties may be classified transparent revenue system to help assessors of different ages and as 4b(1) residential nonhomestead plan for Minnesota’s future. experiences, and mentoring staff if they: • Rented for more than 14 Increasing diversity, equity, and These kinds of engagement help days in the previous year inclusion for the Minnesotans we all of us, whether in - or outside of serve and within our own agency is a government. I’m excited to see the • Rented for periods of less key part of this effort at Revenue– as progress we’ll make together. than 30 consecutive days it is for all government agencies. • Have fewer than four units After the MAAO conference, several On behalf of everyone at Revenue, of you shared what your organizations Happy New Year – and thank you for • Are not homesteaded are doing in this regard. To name a your partnership. few: The new law applies only to taxes Robert Doty is commissioner of the payable in 2022 and later. For 2021, Minnesota Department of Revenue. • Training employees on diversity, the classification made during the equity, and inclusion 2020 assessment applies. If you have any questions, please email us at proptax.questions@state.mn.us or contact your Property Tax Compliance Officer. Winter 2021 / Equal Eyes 5
president’s perspective By Patrick Chapman, SAMA Ramsey County MAAO President “The Pessimist Sees Difficulty in Every Opportunity. The Optimist Sees Opportunity in Every Difficulty.” – Winston Churchill I would like to thank all the members been working on several things, Seminar was tremendous. We were of MAAO for electing me president. mostly involving decisions on able to host some classes and get I look forward to working with classes. I know around the state them done so our members could all the executive board members, there is a wide opinion on the way have the education they needed as MAAO members and the regional that classes should be held. I will the licensing cycle was coming to directors of the next year. We have listen to all the opinions and try to a close. I would like to personally a challenge Infront of us, but it is a make good decisions that will work thank Emily Squires for her effort great opportunity to grow. We will for the whole of MAAO. We have in the area. She was brilliant in meet this challenge. challenges in front of us that none facilitating this effort. Other people of us were really expecting. Have that I would like to shine a light To let you know a bit about myself. faith that we will make decisions on were Brett Hall, Dan Squires, I am currently working for Ramsey that we feel are the best for all John Conway, Bob Thompson, County Assessor’s office as the concerned. and Anthony Cortilet. These Residential Supervisor. We have individuals stepped up and walked a 23-person section that handles We h a d a n e x e c u t i v e b o a r d into the unknown of the virtual all 148,000 residential parcels for meeting recently in Grand Rapids classroom. Thank you to all of them value and classification. I have been Minnesota. Like most of our events for responding so swiftly to the call in this office for 13 years. Prior to these days it was a hybrid meeting. for action in our organization’s time working at Ramsey County, I was a I think this will become the norm of need. fee appraiser in the metro area. I am for us as we move forward. We also proud to say that I am a veteran need to find ways to stay together The MAAO is made up of several of the US Army and was on active and be apart. We will ensure that great committees. They drive the duty from 1987 to 1991 and was the classes can meet social distance work that our organization does. with the Minnesota National Guard guidelines and be remote whenever I would like all of you to look at from 1991 to 1997. I have many we can. Making classes virtual is a the webpage and look at the list interests and most of them involve huge undertaking. There is no quick of committees and see if there is the outdoors, softball, hunting and way to get some of this done and something on there that you want fishing just to name a few. it will take some time and effort to to get involved with. I do have make strides forward. The effort one chairperson that would like to Since being elected president I have that went into last year’s Summer step down and that would leave an 6 Winter 2021 / Equal Eyes
President’s Perspective, continued opportunity for someone to take information needed. We hope to be me as we navigate some uncharted over the nomination committee as able to do things in person this year waters and hit some really big Michelle Snobl would like to move but are ready to pivot at a moment’s waves. I am looking forward to the on from that committee. Their work notice if we need to be remote. I opportunities that the next year will is to help find and facilitate our would ask all members to please offer our organization. I cannot wait elected positions and is a great way maintain your flexibility as we are to see how all of you great people for someone to get involved with reacting to the situation as it develops. rise and respond. I am extremely MAAO. Other committees may be If you need any help reach out to our proud of this organization and all looking for members so take a look committee and we can get you the its members. I know we will be and take a chance to get involved. help you need. stronger on the other side of this challenge. I look forward to the The legislative session was long I really want to mention the job that time when we can all be together this year and in talking with our was done by my predecessor. Daryl again. Until that moment revel legislative liaison, Matt Hilgart, Moeller did an outstanding job with in the opportunity provided by the session was one out of the the worst possible situation. At the challenge. norm. With COVID-19 affecting beginning of the pandemic, he had everything it made this a challenging to deal with situations that were I hope all of you stay healthy and year for the legislature. In the end unconscionable just weeks earlier. safe. we did get an abbreviated tax The care and integrity in which he bill and it made the short-term made some very thoughtful decisions rental part of the 4(b)1 residential was impressive. I would call on all of Patrick Chapman, SAMA class. It additionally allowed for you to thank Daryl for the job he did President MAAO a one-time transfer of a disabled holding our organization together. veteran exclusion to the surviving He was able to get Summer Seminar spouse. We look forward to another virtual in a couple of short months legislative season on the horizon. and find a hybrid option for the fall conference that worked for the whole As some of you know I am also state. MAAO will be in debt to Daryl on the designation committee. for some time to come. And I want to This committee is instrumental in personally say thank you. providing classes and content for members to be successful in the We don’t know the future, but we can pursuit of their AMA designation. learn from the past. Know that we Last year were we able to give the must be flexible. This is what I have seminar remotely and provide the planned for the next year. Please join Winter 2021 / Equal Eyes 7
MAAP By Amanda Lee 2019-2020 MAAP President UPDATE amandalee@co.mower.mn.us “If we don’t change, we don’t grow. If we don’t grow, we aren’t really living.” ~Gail Sheehy This will be my last article for MAAO as I have accepted a position in our Recorder’s Office. Our Vice President, Jenna Takemoto, from Sherburne County will be assuming my duties. I hope that you and yours are still staying healthy. Look for information coming next year for our MAAP 2021 conferences! ~Amanda Lee 8 Winter 2021 / Equal Eyes
MAAP UPDATE By Jenna Takemoto 2020-2021 MAAP President Hello MAAO Members! This year has quickly gone by. MAAP officers made the decision early on to put all 2020 events and seminars on hold due to the pandemic. Our 2021 MAAP Summer Workshop will be held in St. Cloud on August 19th & 20th at the Holiday Inn. Our Winter 2021 meeting will be held at the Sherburne County Government Center in December – date to be determined. Both meetings we hope to hold in person as well as offer virtual options. We will follow all CDC guidelines. We are working with DOR to receive Continuing Education Hours (CEH) at the winter meeting. Since we had a great turn out in 2019, we are working on getting 4 CEH credits instead of 3. Once again, we extend an invite to all MAAO members. At this time our topics for both workshops are still to be determined. If you or any staff are not a current MAAP member and would like to join us, the annual MAAP membership fee is $10. You may contact me for details. I encourage MAAP participation of all administrative staff in each county. We always have topics of discussion relating to some parts of our jobs. Bonus – networking opportunity is always fun! It’s amazing to be able to speak and learn from others who do the same position. It will benefit you, your office and county! “The best way to predict your future Is to create it.” ~ Abraham Lincoln ~ Jenna Takemoto 2020-2021 MAAP President Jenna.takemoto@co.sherburne.mn.us Winter 2021 / Equal Eyes 9
MAAO Education 2020 – A Year in Review By Emily Squyres, MAAO Education Coordinator The year 2020 has challenged each of us jump into it - sink or swim! With and registration was opened a short and required us to be thoughtful, nimble, a six-week countdown between six weeks after the initial decision to and innovative, and MAAO has done the cancellation of the in-person cancel the in-person conference. It no less with its educational offerings. conference and the date to open was no small feat for MAAO, with no While we began 2020 education strong online registration, a small team of previous online education expertise, with good showings for “ALP with people got busy working through the to generate an online education Ethics,” “Basic Appraisal Principles,” many facets that would be required experience from start to finish in six and “Basic Appraisal Procedures” in to successfully host MAAO’s first- weeks’ time. But it was successful, January and February, and “USPAP” ever Online Summer Seminars and it was all motivated by the passion in March, the statewide shutdown in at the end of May. MAAO’s and dedication of MAAO leadership March necessitated that MAAO cancel Education Steering Committee and to support assessors by offering the the March “Mass Appraisal Basics” Conference Content Committee kind of high-quality education you offering. That decision, and the new worked diligently behind the scenes need and expect from MAAO. reality we all found ourselves within, to find instructors who were willing initiated flurries of email chains and and able to transition their seminars With a successful Summer Seminars many hours spent on the phone and to a virtual offering, modify their accomplished, we had the confidence to in video conferences discussing the presentations as necessary and to transition both the 8-hour Residential next few months of courses. MAAO re-submit those seminars for online Case Study Exam Workshop (June) leadership carefully considered each in- CEH approval. These instructors and the 8-hour Income Case Study person offering and began making the adapted their presentations and took Workshop (October) to an online difficult decision to cancel additional extra time to learn and practice the platform. Both instructors delivered 2020 education including the June online platform to ensure a smooth informative virtual workshops for “Residential Assessing 101” and “Basic delivery the day-of their seminar. assessors from across the state, giving Apartment Valuation” courses. It was MAAO staff worked to identify and many more of them the confidence not long before these conversations select an online platform to host and direction to complete their exams ultimately led to the decision to also the seminars, becoming experts in and move up in their designations. cancel in-person Summer Seminars. it, and training those instructors in it. The Education Steering While online seminars and workshops C a n c e l i n g t h o s e o ff e r i n g s h a d Committee Chair and MAAO were working well, we were still consequences for many assessors who leadership worked closely with the anxious to get back to in-person required vital Continuing Education State Board of Assessors to get each meetings for two-day and weeklong Hours to maintain their licensure, and seminar re-approved for CEH’s in course offerings. In order to do so, we the end of the licensing cycle – June the online platform, and ensuring worked closely with each event venue 30, 2020 – was looming. The solution important details like registration, (and in several cases, moved venues and was clear: MAAO would offer attendance, and attentiveness were all together), and made adjustments Online Summer Seminars. While online accurately captured for assessor for the new Covid-19 reality: courses education was something MAAO had licensing standards. A new Online would be held in rooms four times the not previously offered, it became clear Summer Seminars website and normal size of our classrooms (so large that 2020 would be the year we would registration process was generated, that the last two rows of each class 10 Winter 2021 / Equal Eyes
MAAO Education, continued are now referred to as the “North distance between members, with optimistic that the latter 2021 courses 40”), catering adjustments had to be thoughtful leadership and careful will be offered as planned. made, the instructors and I became planning by the Conference a quick draw with the temporal Coordinators and Conference In the latter half of 2021, we thermometer, and we distributed blue Content Committee and staff, l o o k f o r w a r d t o o ff e r i n g t h e paper masks like candy. We were MAAO was able to pull together newly-developed “Advanced Ag. all glad when the course schedule again and offer vital connection and Assessment” developed by the MAAO resumed in July with “ALP with education to Minnesota assessors Agricultural Committee, the newly- Ethics” as our first in-person offering in a year when keeping physical updated “MAAO Basic Income,” and since the pandemic crisis began, and distance from each other has been a an additional IAAO Course entitled we were thankful to be able to hold defining feature of collegiality. “IAAO 101 – Fundamentals of Real the remainder of the 2020 courses Property Appraisal.” Registration is in-person, even rescheduling the Looking forward to 2021, we have now open for each of these offerings! previously-canceled “Residential a full schedule of courses planned MAAO recognizes the way 2020 Assessing 101” course for October. which includes considerations for the has altered people’s expectations for changes to licensing requirements education and continues to actively Fall Conference was another big and ongoing precautions for explore options for online education undertaking for MAAO education Covid-19 while remaining flexible for 2021 and beyond. and, even with necessarily diminished to “dial up” or “dial down” in-person attendance, MAAO safely restrictions in accordance with hosted 13 seminars approved for the Governor’s guidance. We are CEH’s, six of which had a virtual already making adjustments to early option and alone brought in 240 2021 offerings in response to the registrations. Despite the physical changing environment and remain If you have questions about MAAO education or are interested in getting more involved with it, feel free to reach out to Emily at: educationcoordinator@mnmaao.org. Winter 2021 / Equal Eyes 11
THE GREATEST ARCHITECTURAL LOSS IN By Melissa Manke, CMA Wright County Editorial Committee Member MINNEAPOLIS HISTORY light court looking down 12 Winter 2021 / Equal Eyes
T he Northwestern Guaranty growing rather quickly, and Menage Loan Building, later and with keen foresight, bought up more commonly known as farmland and meadows along the the Metropolitan Building, was city’s southern boundaries, platting considered the city of Minneapolis’s the land, laying out streets and first skyscraper and one of the most water and sewer hookups, and architecturally significant structures constructing houses. He convinced in the city’s history. It had 12 stories his good friend and fellow and stood at 218 ft tall. It had small entrepreneur Thomas Lowry to lay observation towers that poked in a streetcar line to provide transit up about the corners, and a very to the hordes of new residents popular rooftop garden. he expected to move into these newly developed areas. To help The building was built for, and finance it all, he started his own owned by, the Northwestern mortgage banking firm, the Guaranty Loan Company, Northwestern Guaranty Louis F Menage Loan Company. The being the company’s board members founder. Menage had for the NGLC made his fortune consisted of while speculating other prominent on real estate in Minneapolis the Minneapolis political and area in the 1880’s, business figures but didn’t start such as: John out in real estate. S Pillsbury, Menage, born and William D raised in Rhode Washburn, Island, moved to and Thomas Minnesota in 1871 Lowry. Menage when advised by developed most of a physician that he the Lakes District had “weak lungs” – a as well as Prospect precursor to full-blown Park. tuberculosis. Minnesota’s “bracing climate” was then At the height of his career, considered to be a good course of Menage hired E. Townsend Mix, treatment. an architect from Milwaukee, to design the new home for the During his first winter here, Menage Northwestern Guaranty Loan taught shorthand at the local Company. The Northwestern business school, and spent a couple Guaranty Loan Building would later years as a clerk and timekeeper in a and more notably be known as the Northern Minnesota timber camp. Metropolitan Building, named after These positions did not satisfy his the Metropolitan Life Insurance ambition and he moved back to Company that bought it after NGLC Minneapolis and opened a real estate collapsed. office on Washington Avenue. At the time, Minneapolis was Winter 2021 / Equal Eyes 13
The Metropolitan Building was that were cantilevered from the noted as a stylistic trendsetter. building’s frame, so they required Construction of the 12-story building no support columns. The galleries started in May of 1888 and its grand were lined with 7-foot-high Italian opening was held on May 31, 1890. marble wainscoting and ornamental Thousands of invited guests streamed cast-iron balustrades with polished into the building to see its wonder. brass handrails. The balustrades, which featured an intricate pattern The first three floors were of concentric circles and spiraling constructed of 4-foot thick exterior curves, were made by Crown Iron walls of green New Hampshire Works, a Minneapolis company granite. Red Lake Superior sandstone founded in 1878. Office doors CONSTRUCTION quarried near Houghton, MI, and windows were trimmed with trimmed the upper nine floors, where irreplaceable old-growth oak. the exterior walls slimmed to 2 feet thick. Most of the rock used to build The entire twelfth floor was the Metropolitan were rock-faced, originally occupied by the Guarantee meaning the face of the rock was left Loan Restaurant. The restaurant much as it came out of the quarry. was a novelty for the young city of It’s two main entrances were arced Minneapolis, but also quite possibly and flanked with polished granite the only one of its kind outside of columns. Some of the windows New York City. The main dining through out the upper 9 levels were room was outfitted with antique centered with polished granite oak furnishings, frescoed walls columns as well. and overlooked Second Ave South. It could seat up to 700 diners. The The main corner of the building restaurant also had a “lady’s dining featured a prominent rounded bay room”, a “gentleman’s café”, six that extended all the way to the roof private dining rooms, and a billiard and then continued upward in the room. form of a fifty-foot lookout tower thrust forward on massive brackets. The roofline of the Metropolitan was visually exciting as well. Lookouts at every corner, clustered chimneys, and a heavy stone parapet that doubled as a protective railing for patrons of the rooftop garden; one of only a few in the United States, and the only one on top an office building. From inside its second level, its most notable feature comes into view. A 56 by 90 light court with filigreed grillwork. Six manually operated birdcage-style evaluators and their machinery were open for all to see. The offices on all the upper levels were accessed by 6-foot wide glass-floored galleries color glass floors 14 Winter 2021 / Equal Eyes
Minneapolis’ downtown had ruled in their favor. THE METS was ailing postwar, and a dramatic gesture made On Halloween 1961, by the city’s Housing the last of the Met’s and Redevelopment tenants were evicted. DEMISE Authority (HRA) was Demolition began two thought to be the only months later, finishing cure. Demolish the with the last of the city’s skid row, 22 rubble being hauled blocks now known as away on September the Gateway District, 23, 1962. Minneapolis which primarily housed Star columnist Don bars, liquor stores, pawn Morrison eulogized shops, and flop houses. the Met’s demise as “A The Metropolitan being victim of the peculiar on the edge of this, American idea that originally made the motion is the same preservation cut only to thing as progress”. have the HRA make a case against it. In May The HRA later sold of 1959, the process of the lot, and it became a condemnation started, parking lot for nearly 20 even though at the time, years. Some parts of the the building was 98% Metropolitan building occupied and generating were salvaged. Many a revenue of $300,000 of the intricate iron for its owners. grillwork disappeared into homes and Many arguments to businesses. save the Met were waged against the 12th floor Many of the massive HRA’s board, at dining hall stone blocks were laid Minneapolis City to rest in a Delano council meetings, in landfill. Some of letters to the editor in that granite had later local newspapers, and been resurrected and in the offices of state repurposed into a and local politicians. sculpture-park project This was at a time in south Minneapolis. when very few historic preservation laws A very nondescript existed, and the courts office building built in were not inclined to 1980 now occupies that challenge urban renewal corner. programs. The HRA was very intent on destroying the building granite stone and refused to make any concessions as one court and then another Winter 2021 / Equal Eyes 15
1 st Place Tim Graul Ramsey County Photo Contest Winner “A Touch of Jack Frost” Lake Como St Paul 16 Winter 2021 / Equal Eyes
Photo Contest Winner “A Touch of Jack Frost” North Shore Waterfall in November 2 nd Place Gianna Olson City of Minneapolis Winter 2021 / Equal Eyes 17
3 rd Place Lynette Gaustad Ottertail County Photo Contest Winner “A Touch of Jack Frost” Located in Ottertail County 18 Winter 2021 / Equal Eyes
Photo Contest Honorable Mentions Winter 2021 / Equal Eyes 19
THE TOP 10 cOVID-19 IMPACTS ON THE REAL Jamie Freeman, SAMA ESTATE MARKET Clearwater County Editorial Committee Member Top 10 IMPACTS COVID-19 HAS ON THE REAL ESTATE MARKET The real estate market is not immune to the effects felt around the world due to COVID-19. As the world has adapted to the coronavirus outbreak, the real estate market has shifted as well. 1. The “Office” looks very different for many professionals who work in the real estate field. Assessors, realtors, bankers and so forth have adjusted their work and technology to meet the demands associated with the pandemic. 2. Commercial real estate sales have slowed to a crawl. As thousands of restaurants, hotels and local businesses struggle to stay open, delinquency rates for commercial loans have increased significantly. 3. Real Estate Investors are re-evaluating their choices. Rental property does not look near as attractive to buyers as it did pre-pandemic due to the decline in tenant’s ability to pay rent. 20 Winter 2021 / Equal Eyes
TOP 10, CONTINUED 4. COVID-19 has transformed the traditional single family home into a multi-functional structure. A typical residence now serves as a home, office, school, gym, restaurant and more. As COVID-19 continues to influence how we use our homes, new home designs will likely surface in the real estate market. 5. In order to keep people safe and healthy, many banks are locking their doors and using creative methods to meet the needs of consumers and the real estate industry. In addition, mortgage delays are taking place due to the staffing of third parties, such as appraisers, title companies, etc. 6. The good news is…we continue to see low interest rates, which ups the buying power for those who are purchasing real estate in this ever-changing COVID-19 climate. 7. Virtual real estate sales and Zoom buyer consultations are now common practice. 8. Some areas are experiencing decreased buyers in the residential market due to the pandemic. Citing economic fears, furloughs and social distancing as the top reasons preventing those from buying at this time. 9. Negative impact on the Airbnb business. This once thriving business is now seeing an occupancy rate as low as 10% for some dwellings. Travel bans, social distancing and fear of spreading COVID-19 has many choosing to stay home rather than travel. 10. Construction is generally moving forward. There have been some challenges with on-site safety for workers as well as the high cost of building materials. Overall, many areas are seeing an above normal amount of new construction. Winter 2021 / Equal Eyes 21
Classifieds Amber Swenson-Hill, SAMA Polk County Editorial Committee Member 3209 Galleria #1802, Edina $5,300,000 Built in 2008, 3209 Galleria #1802 is the most expensive condo for sale in Minnesota. What does $5.3 million get you? Three bedrooms, five bathrooms, and 5,024 square feet. Need more? There are also 10-foot ceilings, floor-to-ceiling windows, a walk-in wine cooler, mini movie theater, library, four balconies, and four underground garage stalls. Building amenities include pool, gym, and a walkway to the Galleria. Penthouse has its own private entrance. Property has been listed since October 2020. HOA fees are $3,059 per a month. The annual tax bill is $59,836. 22 Winter 2021 / Equal Eyes
What You Get For A Tiny HOuse Amber Swenson- Hill, SAMA Polk County Editorial Committee Member What do you get for a 2016 tiny house in Minneapolis? $289,400, according to the September 2020 sale of 749 Buchanan St Ne. The main floor is a 440-square-foot heated garage, followed by living area, and roof top deck. Interior of home is one bedroom and one bath. Taxes payable 2020 Estimated Market Value: $143,500 Taxes: $2,079.90 Winter 2021 / Equal Eyes 23
Assessor Word Find SOURCE: 24 Winter 2021 / Equal Eyes
out of the past Remembering Yesterday Amber Swenson-Hill, SAMA Polk County Editorial Committee Member 5 Years Ago—2016 20 Years Ago—2001 35 Years Ago - 1986 5 Years Ago—2016 20 Years Ago—2001 35 Years Ago - 1986 • Dan Whitman was • Jack Pasternacki was • Steve Behrenbrinker quoted as saying “If promoted to Bloomington joined the State Board of everyone had to do the City Assessor. Assessors. job of President (for • Nancy Wojcik took over • The Tax Reform Act of MAAO) for a time it for Stephen Baker as the 1986 was signed into would be much easier to Brooklyn Center City effect by President Ronald operate as an assessor Assessor. Reagan the changes because everyone would affected every business have a much better 25 Years Ago – 1996 and family in America. understanding of the • First federal holiday to • Don Monk retired from issues we all deal with recognize Martin Luther Hennepin county after 19 and how complex it is to King. years. do our work.” • Stephanie Nyhus was 40 Years Ago – 1981 • Jackie Coulter was promoted to Appraiser interviewed for • status. Heavy snow with near becoming the new blizzard conditions with education coordinator. • U.S. was in fourth month of a budget crisis. over a foot of wet snow 10 Years Ago—2011 caused the inflated fabric 30 Years Ago – 1991 of the Metrodome to • Rebecca Malmquist said collapse and rip. • Steven Sinell received his her heartfelt goodbyes AMA designation and his 50 Years Ago – 1971 as she finished up her last issue as Equal Eyes SAMA designation. • Gale Zimmerman was • The Walker Art Center in Managing Editor. hired as an Ag Appraiser Minneapolis, designed by • Corey Erickson joined the for Morrison County. Edward Larrabee Barnes, editorial committee. • October 31 to November 3 was completed. • Nancy Gunderson was Halloween blizzard. Over invited to join the 55 Years Ago – 1966 28 inches at MSP, nearly Editorial Committee on a 37 inches at Duluth. Nasty • In St. Paul Richard M snowy Friday afternoon. windchill conditions, deep Schulze and business 15 Years Ago—2006 snow drifts were harsh on partner James Wheeler wildlife. Many roads were opened Sound of Music, • Bill Peterson was MAAO closed for days. Perhaps an audio specialty store. President, Robert one of the largest and The business was Wagner was seated as longest lasting blizzards in renamed Best Buy in First VP. state history. 1983. • Bruce Giddings took the • Median household income Lake County Assessor’s was $30,126. 65 Years Ago – 1956 position. • A cease fire brought an • A new shopping mall in end to the Persian Gulf Edina, the first enclosed War. shopping mall, was designed as a center of community by Victor Green. • Dan Whitman was • Jack Pasternacki was • Steve Behrenbrinker quoted as saying “If promoted to Bloomington joined the State Board of everyone had to do the City Assessor. Assessors. job of President (for • Nancy Wojcik took over • The Tax Reform Act of MAAO) for a time it for Stephen Baker as the 1986 was signed into would be much easier to Brooklyn Center City effect by President Ronald operate as an assessor Assessor. Reagan the changes because everyone would affected every business have a much better 25 Years Ago – 1996 and family in America. understanding of the • First federal holiday to • Don Monk retired from issues we all deal with recognize Martin Luther Hennepin county after 19 and how complex it is to King. years. do our work.” • Stephanie Nyhus was 40 Years Ago – 1981 • Jackie Coulter was promoted to Appraiser interviewed for • Heavy snow with near status. becoming the new blizzard conditions with education coordinator. • U.S. was in fourth month of a budget crisis. over a foot of wet snow 10 Years Ago—2011 caused the inflated fabric 30 Years Ago – 1991 of the Metrodome to • Rebecca Malmquist said collapse and rip. her heartfelt goodbyes • Steven Sinell received his as she finished up her AMA designation and his 50 Years Ago – 1971 last issue as Equal Eyes SAMA designation. • Gale Zimmerman was • The Walker Art Center in Managing Editor. hired as an Ag Appraiser Minneapolis, designed by • Corey Erickson joined the Edward Larrabee Barnes, for Morrison County. editorial committee. was completed. • October 31 to November 3 • Nancy Gunderson was Halloween blizzard. Over invited to join the 55 Years Ago – 1966 28 inches at MSP, nearly Editorial Committee on a 37 inches at Duluth. Nasty • In St. Paul Richard M snowy Friday afternoon. windchill conditions, deep Schulze and business 15 Years Ago—2006 snow drifts were harsh on partner James Wheeler wildlife. Many roads were opened Sound of Music, • Bill Peterson was MAAO closed for days. Perhaps an audio specialty store. President, Robert one of the largest and The business was Wagner was seated as longest lasting blizzards in renamed Best Buy in First VP. state history. 1983. • Bruce Giddings took the • Median household income Lake County Assessor’s was $30,126. 65 Years Ago – 1956 position. • A cease fire brought an • A new shopping mall in end to the Persian Gulf Edina, the first enclosed War. shopping mall, was designed as a center of community by Victor Green. Winter 2021 / Equal Eyes 25
transitions Best Wishes Upon Retirement Nancy Gunderson, SAMA, Clay County Editorial Committee Member From Region 4… Richard Champagne retired as an appraiser from Cass County on September 11, 2020. Happy Retirement Richard. From Region 5… Redwood County Assessor, Kathy Hillmer retired July 2020 In March 1997, Kathy Hillmer began working in the Redwood County Assessor’s office, initially hired as the deputy assessor. Six years later, in April 2003, Kathy was appointed to serve as the county assessor – a role she continued to serve until July 31st. Happy Retirement Kathy. Insert pic here of Kathy Lincoln County Assessor, Bruce Nielsen is retiring December 31, 2020. Happy Retirement Bruce. From Region 9… Washington County Residential Supervisor, Al LaBine retired on December 4th Happy Retirement Al. 26 Winter 2021 / Equal Eyes
transitions Best Wishes Upon Retirement Nancy Gunderson, SAMA, Clay County Editorial Committee Member Patrick Todd, City of Minneapolis I'M RETIRING! From eating the right food to the perfect exercise routine, find the best path to a healthier and happier you. After 30 years with the city of Minneapolis, I'm retiring in January. I'm looking forward to what's next, and I'll miss all my friends and colleagues in MAAO! ~Patrick Stay in touch: patricktoddmn@gmail.com Happy Retirement Patrick. Winter 2021 / Equal Eyes 27
TAX COURT lowe’s Maple Grove vs. hennepin county Jake Pidde, SAMA, Stearns County Editorial Committee Member STATE OF MINNESOTA TAX COURT COUNTY OF HENNEPIN REGULAR DIVISION Lowe’s Home Centers, LLC, ORDER (Maple Grove), Petitioner, File Nos: 27-CV-16-4307 27-CV-17-4539 vs. Filed: November 13, 2020 County of Hennepin, Respondent. ______________________________________________________________________________ This matter came before the Honorable Wendy S. Tien, Judge of the Minnesota Tax Court, for hearing on petitioner’s motion to allow limited additional direct testimony of its expert witness, Gary Battuello, at trial. Thomas R. Wilhelmy, Christopher A. Stafford, and Gauri S. Samant, Fredrickson & Byron, P.A., represent petitioner Lowe’s Home Centers, LLC (Maple Grove). Shannon M. Harmon, Assistant County Attorney, represents respondent Hennepin County. Based upon all the files, records, and proceedings, the Court now makes the following: ORDER 1. Petitioner’s motion is denied. At trial, Lowe’s may seek leave to present Mr. Battuello’s testimony in rebuttal, to the extent Mr. Mitchell testifies concerning such matters, either during cross-examination by Lowe’s, or on redirect examination by the 28 / Equal Eyes Winter 2021 County.
TAX COURT, continued 2. Within 20 days of the date of this Order, the parties shall contact the court for a pretrial conference to discuss trial date certain scheduling. IT IS SO ORDERED. BY THE COURT: Wendy S. Tien, Judge MINNESOTA TAX COURT DATED: November 13, 2020 MEMORANDUM I. BACKGROUND On March 31, 2016 and April 5, 2017, Lowe’s Home Centers, LLC (“Lowes”), filed property tax petitions in this Court with respect to property located at 11201 Fountains Drive North, in Maple Grove, for the 2016 and 2017 tax payable years. 1 This court entered scheduling orders in both cases. 2 Both scheduling orders provide the written report of any expert retained in this case who is expected to testify at trial shall serve as the authoring expert’s direct testimony. 3 Following the parties’ stipulated motion to consolidate these cases, this court ordered the cases consolidated and included an amended scheduling order, adopting the scheduling order in 1 Pet. No. 27-CV-16-4307 (filed Mar. 31, 2016) (the “Pay-2016 Case”); Pet. No. 27-CV- 17-4539 (filed Apr. 5, 2017) (the “Pay-2017 Case”). 2 Sched. Order, Pay-2016 Case (filed Feb. 6, 2017); Sched. Order, Pay-2017 Case (filed Apr. 9, 2018). Other than the dates, these scheduling orders are substantively identical and will be referenced as one Scheduling Order. 3 Sched. Order ¶ 7. 2 Winter 2021 / Equal Eyes 29
TAX COURT, continued the Pay-2017 Case with slight modifications. 4 The consolidation order requires the parties to serve (but not file) review appraisals not later than March 4, 2019 5 and establishes a new trial ready date, 6 which has been continued. The parties exchanged expert reports and subsequently filed pretrial submissions in accordance with the consolidation order. 7 These included: (1) two primary appraisals of the subject property by Lowes (one for each tax year), each by Michael MaRous; (2) two primary appraisals of the subject property by the County (one for each tax year), each by Timothy Mitchell; (3) two review appraisals by Lowes’ review appraiser of the County’s primary appraisals (for the respective tax years), each by Gary Battuello; and (4) a review appraisal by the County’s review appraiser of Lowe’s primary Pay-2017 appraisal, by Mark Kenney. On March 4, 2019, Lowes moved for leave to conduct additional direct oral testimony of its review appraiser at trial. 8 Lowes contends that Mr. Battuello’s written review appraisal “will not and cannot review and respond to all of” the appraisal testimony of Mr. Mitchell. 9 Specifically, Lowes represents that Mr. Battuello should be able to address Mr. Mitchell’s written appraisal in an expanded fashion as it relates to the use of sales of leased-fee properties as comparables in the sales comparison approach; 10 deed restrictions as they relate to the value 4 Order Granting Parties’ Stip. To Consol. & To Amend Sched. Order (filed July 3, 2018) (the “Consolidation Order”). 5 Consol. Order ¶ 4. 6 Consol. Order ¶ 6. 7 The parties filed pretrial submissions between March 22 and April 1, 2019. 8 Not. Mot. & Mot. Leave Lim. Dir. Test. Of Gary Battuello (filed Mar. 4, 2019). 9 Pet’r’s Mem. Supp. Mot. Leave Lim. Dir. Test. Of Gary Battuello 2 (filed Mar. 4, 2019). 10 Pet’r’s Mem. 3-4; see Aff. Jennifer R. Pusch (Mar. 4, 2019) ¶¶ 4-5, Ex. A, at 6, Ex. B, at 6. 3 30 Winter 2021 / Equal Eyes
TAX COURT, continued of big box properties; 11 and “the nuances of the so-called ‘dark store theory.’ ” 12 Lowes contends this additional direct testimony by its review appraiser is warranted because Mr. Mitchell, in his principal appraisal for the County, “appends to his report only the IAAO paper titled ‘Commercial Big-Box Retail: A Guide to Market-Based Valuation’ ” and only cites to the paper. 13 Lowes expresses concern that, if the County does not cross-examine Mr. Battuello, or undertakes only a limited cross-examination, Mr. Battuello “will never have an opportunity to fully respond to Mr. Mitchell’s written appraisal.” 14 (Emphasis added.) The County responds that Lowes may seek to offer Mr. Battuello’s rebuttal testimony in response to Mr. Mitchell’s oral testimony at trial (whether in response to cross-examination or redirect), but not to explain matters already addressed in his written testimony. 15 A telephonic hearing on this motion was held on August 27, 2020. II. GOVERNING LAW Minnesota Statutes, section 271.06, subdivision 7 (2018), provides that, in general, the Minnesota Rules of Civil Procedure and the Minnesota Rules of Evidence (collectively, the “Rules”) govern the procedures in the tax court, where practicable. With respect to discovery, Rule 26.05 provides: A party is under a duty seasonably to amend a prior response to an interrogatory, request for production, or request for admission if the party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. 11 Pet’r’s Mem. 4; see Pusch Aff. ¶¶ 7-8, Exs. D & E. 12 Pet’r’s Mem. 4. 13 Pet’r’s Mem. 3-4. 14 Pet’r’s Mem. 2. 15 Resp’t’s Resp. to Pet’r’s Mot. Add’l Dir. Test. Of Review Appraiser Gary Battuello 2-3 (filed Apr. 29, 2019). 4 Winter 2021 / Equal Eyes 31
TAX COURT, continued Minn. R. Civ. P. 26.05. This responsibility extends to any report of the expert. Id.; Minn. R. Civ. P. 26.01(b)(5). Regarding the presentation of evidence at trial, Rule 611(a) authorizes the court to control its mode and order: The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. Minn. R. Evid. 611(a). Consistent with Rule 611(a), this court regularly employs scheduling orders that require the direct testimony of expert witnesses to be reduced to writing, absent leave of court. Minn. R. Civ. P. 16.03(d) (authorizing the court to consider and take appropriate action with respect to “limitations or restrictions on the use of testimony under Rule 702 of the Minnesota Rules of Evidence”); Minn. Rule Civ. P. 16.02(f) (authorizing the court to enter a scheduling order for trial); Minn. Rule Civ. P. 26.01(b)(2); see, e.g., 1300 Nicollet, L.L.C. v. Cty. of Hennepin, No. 27-CV-17-06284 et al., 2019 WL 5495872, at *2 (Minn. T.C. Oct. 16, 2019); N. Nat. Gas Co. v. Comm’r of Revenue, Nos. 8864-R & 8976-R, 2019 WL 2479445, at *8 n.29 (Minn. T.C. June 4, 2019); Signature Flight Support Corp. v. Cty. of Hennepin, Nos. 27-CV-13-08346 & 27-CV-14- 06368, 2017 WL 11104166, at *1 (Minn. T.C. Feb. 16, 2017) (all describing this court’s use of scheduling order requiring direct testimony of experts to be limited to written expert report). Appraisers in Minnesota are required to act according to the standards of professional appraisal practice. 82B.195, subd. 1 (2018). Such standards are set forth in USPAP, Minn. Stat. §§ 82B.021, subd. 26 (2018), which “reflects the current standards of the appraisal profession.” Mandel v. Comm’r of Revenue, No. 8787-R, 2016 WL 903301, at *5 (Minn. T.C. Mar. 8, 2016). 5 32 Winter 2021 / Equal Eyes
TAX COURT, continued The professional standards applicable to review appraisals require such appraisal reports to state, among other things: (1) the scope of work used to develop the appraisal review; (2) the reviewer’s opinions and conclusions about the work under review, including the reasons for any disagreement; and (3) when the scope of work includes the reviewer’s development of an opinion of value or review opinion related to the work under review, at a minimum, summarize any additional information relied on and the reasoning for the reviewer’s opinion of value or review opinion related to the work under review. The Appraisal Foundation, Uniform Standards of Professional Appraisal Practice (“USPAP”) Standards Rule 4-2(g), (h), (i)(iii) (2018-19 ed.). III. ANALYSIS Lowes seeks leave for additional oral direct testimony of its review appraiser at trial to expand on matters not contained in Mr. Battuello’s written review appraisal. 16 The motion is denied. Lowes contends Mr. Battuello will not be able to respond adequately to the written appraisals of Mr. Mitchell (i.e., Mr. Mitchell’s direct testimony), particularly in the event the County does not cross-examine Mr. Battuello at trial. 17 The USPAP standards governing review appraisals, however, require such appraisals to disclose the scope of their work to intended users by providing “[s]ufficient information” by “disclosure of research and analyses performed…” USPAP Standards Rule 4.2(g), cmt. Moreover, “[t]he report must provide sufficient information to enable the client and intended users to understand the rationale for the reviewer’s opinions and conclusions.” USPAP Standards Rule 4.2(h), cmt. The Scheduling Order incorporates these requirements, and provides that expert reports must include “(1) a complete statement of all opinions the witness will express and the basis and reasons for them; [and] (2) the facts or data 16 Pet’r’s Mem. 2-3. 17 Pet’r’s Mem. 2. 6 Winter 2021 / Equal Eyes 33
TAX COURT, continued considered by the witness in forming the opinions . . . .” 18 Minn. R. Civ. P. 26.01(b)(2). Accordingly, Mr. Battuello’s written reports should have contained all the bases and reasons for his opinion concerning the use of sales of leased-fee properties and the effect of deed restrictions on value, as well as the sources on which he relied. Lowes may not supplement Mr. Battuello’s written reports with additional direct testimony at trial to overcome deficiencies in his written review appraisals so the court can “understand the rationale for [his] opinions and conclusions.” USPAP Standards Rule 4.2(h), cmt. Furthermore, Rule 26.05 requires parties seasonably to amend reports of expert witnesses “if the party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.” Minn. R. Civ. P. 26.05. To the extent Lowes seeks an opportunity to elicit more detailed direct testimony from Mr. Battuello regarding the premises of his review appraisals, on account of the review appraisals being incomplete or incorrect, Lowes was obliged to amend the review appraisals when the need for Mr. Battuello to supplement his appraisals became apparent, and not to delay such amendments until the time of trial. See, e.g., Macy’s Retail Holding, Inc. v. Cty. of Hennepin, No. 27-CV-13-6683, 27-CV-14- 6579, 2017 WL 2656305, at *4 (Minn. T.C. June 19, 2017) (noting that “[n]othing in rule 26.05 … limits the duty to … some prescribed period”). This obligation is not satisfied by requesting leave for additional direct testimony at trial, as the purpose of discovery is to avoid unfair surprise. See Gale v. Cty. of Hennepin, 609 N.W.2d 887, 891 (Minn. 2000); Thorson v. Zollinger Dental, P.A., 728 N.W.2d 261, 266 (Minn. App. 2007). 18 Sched. Order. ¶ 7. 7 34 Winter 2021 / Equal Eyes
TAX COURT, continued To the extent Lowes anticipates the need to respond to Mr. Mitchell’s trial testimony regarding the use of sales of leased-fee properties and the effect of deed restrictions on value, however, the situation is different. At the time of trial, if applicable, Lowes may seek leave to present the rebuttal testimony of Mr. Battuello pertaining to matters elicited on its cross-examination of Mr. Mitchell, or during the County’s redirect examination of Mr. Mitchell. W.S.T. 8 Winter 2021 / Equal Eyes 35
Vanguard Appraisals, Inc. was formed in 1968 as a Mass Appraisal Company. CAMAvision©, our software product, is flexible, efficient, and accurate to be the system of choice by assessors. It is installed in 25 Minnesota jurisdictions and over 325 jurisdictions across the Midwest. 36 Winter 2021 / Equal Eyes
Official Publication of the Minnesota Association of Assessing Officers mnmaao.org Winter 2021 / Equal Eyes 37
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