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4. SR 04-29-2013 Elk REQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council AGENDA MEETING DATE PREPARED BY Board of Appeal Aril 29, 2013 Tina Allard, City Clerk ITEM DESCRIPTION REVIEWED By Board of Appeal and Equalization Meeting Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED 1. Sherburne County will call upon each property owner. The Board is asked to listen to the property owner and then to make a determination regarding the value or classification of the parcel being considered. Options for motions include: a. No change b. Lower the value c. Raise the value d. Notify property owner of intent to raise value (reconvene meeting may be needed in order to give property owner a chance to speak,if not in attendance) e. Change the classification f. Have the assessor inspect the property and report back to the Board at reconvene meeting If the Board is faced with a decision that it is not sure how to vote,the decision should be "no change."The property owner is then able to appeal to the County Board or the Tax Court. 2. If the Board determines further review of any parcels by the assessor are needed, a reconvene meeting must be set in order for the assessor to report back to the Board for further action. The date and time must be determined before the recess of this meeting. The date must be set within 20 days of this meeting. This timeline is from April 30 to May 19. Council meetings are scheduled for May 6 and May 13. BACKGROUND/DISCUSSION Board Purpose The Board's purpose is to determine if 2013 values or classification of parcels has been properly set by the assessor. It's assumed that the assessor has properly valued and classified a property and 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 fact. F0WIeIa 0 N:\Public Bodies\Agenda Packets\04-29-2013\4 asi.docx 4A f U R E Reconvene Meeting The Board should not order the assessor to review a parcel and change the valuation/classification and then adjourn. The Board may ask the assessor to review a parcel and report back to the Board at a reconvene meeting. 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. Once the Board has adjourned,it can't reconvene. Reconvene meetings should be limited to appeals already heard by the Board,not to hear a property owner's initial appeal. For a refresher,you can download the Local Board of Appeal and Equalization Handbook or a PowerPoint presentation from the Department of Revenue at: Handbook http://www.revenue.state.mn.us/local gov/prop tax admin/education/baetraining handbook.pdf PowerPoint Presentation http://www.revenue.state.mn.us/local gov/prop tax admin/education/baetraining presentation.pdf Certification At least one Councilmember must be at this meeting who has attended state required training. Councilmember Motin is certified to July 1, 2016. Any city that fails to meet the certification requirements is deemed to transfer its powers to the County Board of Appeal and Equalization for the following assessment year and would lose its local board for two assessment years at a minimum,until proof of compliance and a resolution to the County Assessor are completed. Staff will notify Council when the new training schedule is available. Action Motion by Second by Vote Follow Up N:\Public Bodies\Agenda Packets\04-29-2013\4 asi.docx