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HomeMy WebLinkAbout6.i. Special Assessment DeferralsAGENDA ITEM: Special Assessment Deferrals AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E City Engineer AGENDA NO. ATTACHMENTS: Resolution APPROVED BY: RECOMMENDED ACTION: Motion to Adopt the Attached Resolution 4 ROSEMOUNt 1 City Council Meeting October 17, 2006 BACKGROUND: At the October 11, 2006 City Council work session, Council reviewed a draft resolution to adopt a special assessment deferral pokey Based on this review and subsequent comments a revised resolution has been prepared and is presented for Council approval. As previously discussed, this resolution idenufies the parameters for City consideration to defer the payment of special assessments by property owners Pending Council adoption of this resolution, a formal application form will be developed and made available at City Hall. SUMMARY: CITY COUNCIL Staff is requesting Council adopt the attached resolution Packet page 92 of 207 EXECUTIVE SUMMARY 1 \Engtneenng Gnarled \October 17, 2006 \Assessment Deferral CC10 -17 -06 doe CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2006 WHEREAS, Minnesota Statutes, sections 435 193 through 435.195 authorize the City of Rosemount to defer the payment of special assessments against any homestead property for certain citizens, and WHEREAS, said deferment of assessment may be permitted at the discretion of the City Council; and, WHEREAS, the City Council of the City of Rosemount finds and determines that deferral of special assessments for certain citizens is in the public interest; and WHEREAS, it is necessary and proper that the City Council set forth its general policies and guidelines for granting such deferments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROSEMOUNT, MINNESOTA: 1. The City Council adopts this policy for deferment of special assessments for citizens who are 65 years of age or older or who are retired due to a permanent and total disability and for whom it would be a hardship to make the payments. 2 The Council may defer the payment of any special assessment on homestead property when payment of the assessment would create a financial hardship upon the property owner as defined in this Resolution. 3. The deferment may be granted upon an application by the owner on a form prescribed by the County Auditor, supplemented by the City Administrator, to establish the qualificanons of the owner for said deferment All deferments shall be subject to renewal each following year upon the filing of a sitrular application not later than August 15 The standard for renewal shall be the same standard as for granting the original deferment The City Administrator shall either grant or deny the deferment, and if it is granted, the deferred assessment shall bear interest at the rate established in the resolution adopting the assessment If the deferment is granted, the City Administrator shall notify the County Auditor who shall, in accordance with Minnesota Statute 435 194, record a nonce of the deferment with the County Recorder setting for the amount of the assessment. 4. A hardship shall be deemed prima face to exist, and the deferment may be approved by the CityAdmuustrator, when all of the following apply: A. The amount of the annual installment of the special assessment exceeds 3% of the combined gross income of the applicant, spouse and family members hvuig m the homestead, and 297395v2 CLL RS215 -3 Packet page 93 of 207 ATTEST' RESOLUTION 2006 B. The annual installment of the special assessment to be deferred exceeds $400.00; and G The net assets of the applicant and spouse, excluding eqwty m the homestead (County Assessor's est mated market value less hens and mortgages on the homestead) do not exceed $10,000 Notwithstanding the foregoing provisions of this paragraph, the City may consider exceptional and unusual circumstances pertaining to an applicant not covered by the above standards; but any determination shall be made in a non discriminatory manner and shall not give the applicant an unreasonable preference or advantage over the other apphcants 5. Retirement by reason of permanent and total disability shall be deemed prima facie to exist when the applicant presents a sworn affidavit by a licensed medical doctor attesting that the apphcant is unable to be gainfully employed because of a permanent and total disability. 6. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any of the following events: A. The death of the owner when there is no spouse who is eligible for deferment, B. The sale, transfer, or subdivision of all or any part of the property; C. Loss of homestead status on the property; D. Determination for any reason that a finannal hardship no longer exists, or E. Failure to file a renewal application within the time prescribed by Paragraph 3. ADOPTED this 17th day of October, 2006. Amy Domeier, City Clerk Mouon by Second by: Voted m favor: Voted against: 297395v2 CLL RS215 -3 2 Packet page 94 of 207 William H Droste, Mayor