ITEM: 12.4 ADMINISTRATION - Robert Therres, Public Services Manager
Title
AMENDING RESOLUTION NO. 78-28 - A RESOLUTION AUTHORIZING DEFERRALS OF SPECIAL ASSESSMENTS FOR CERTAIN SENIOR CITIZENS
Background
At the August 9, 2012 Council Workshop, the City Council directed staff to prepare a resolution amending Resolution No. 78-28 that authorizes deferrals of special assessments for certain senior citizens. Resolution No. 78-28 is included in the City's Special Assessment Policy as Exhibit III. The amendment would allow deferral of special assessments when an owner of unplatted property is 70 years of age or older.
Recommendation
By motion, approve the resolution.
Body
WHEREAS, Minnesota Statutes authorize cities to defer special assessment payments for certain senior citizens; and
WHEREAS, said deferment of assessments may be permitted at the discretion of the City Council; and
WHEREAS, the City Council of the City of Blaine finds and determines that deferral of special assessments for certain senior 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 said deferrals of special assessments for senior citizens; and
WHEREAS, a Resolution Authorizing Deferrals of Special Assessments for Certain Senior Citizens, Resolution No. 78-28 was adopted by the City Council on March 2, 1978; and
WHEREAS, the City Council finds it necessary to amend the Resolution Authorizing Deferrals of Special Assessments for Certain Senior Citizens, Resolution No. 78-28, to allow deferments when an owner of unplatted property is 70 years of age or older.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Blaine does endorse the principle of deferment of special assessments for senior citizens where the payment of said special assessments constitute a hardship.
BE IT FURTHER RESOLVED that the City Council's policy and procedures for granting said senior citizen special assessment deferments shall be based upon the following factors:
1. The property must be homestead property.
2. The owner must be at least 65 years of age or older and in the case of husband and wife, one member must meet this age requirement.
3. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor and will make application to the City of Blaine on forms provided by the City.
4. The application for said deferral should be made at the time the project is authorized and in all cases it must be made before the final assessment rolls are approved by the City Council.
5. The City Council will consider each application on an individual basis; however, the Council's general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds 2% of the adjusted gross income of the owner as determined by the most recent Federal income tax or when an owner of unplatted property is 70 years of age or older.
6. The deferral will be terminated when any of the following happen:
a. The death of the owner provided that the surviving spouse is not otherwise eligible for the benefits.
b. The sale, transfer or subdivision of the property or any part thereof.
c. Loss of homestead status.
d. The City Council determines that the further deferments are not in the public interest.
7. The City Manager has the responsibility and authority to administer and interpret this Resolution within the guidelines set forth herein.
PASSED by the City Council of the City of Blaine this 16th day of August, 2012.