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HomeMy WebLinkAbout1985-143 CCRMember Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION NO. 85 -143 RESOLUTION RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER AND ESTABLISHING AN INTEREST RATE WHEREAS, Minnesota Statutes 435.193 through 435.195 provides for the deferment of special assessments and specifies the conditions under which municipalities are authorized, on a voluntary basis, to defer such assessments; and WHEREAS, the City Council of the City of Brooklyn Center found and determined that deferral of special assessments for certain senior citizens is in the public interest and passed City of Brooklyn Center Resolution No. 78 -87 providing for deferment of special assessments for persons 65 years of age or older and establishing an interest rate; and WHEREAS, economic conditions over the past seven years have made it increasingly difficult for senior citizens to qualify for deferment of special assessments due to the $7,500 income limitation and persons retired due to permanent and total disability are not included in the present policy; and WHEREAS, the City Council desires to update the City's Deferment of Special Assessments Policy and desires to develop a policy that responds to ever changing economic conditions: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the policy established by Resolution No. 78 -87 is hereby amended to provide for deferral of special assessments certified after the adoption of this resolution under the following conditions: 1. The property upon which the assessment is deferred must be homesteaded; 2. The property is owned by a person at least 65 years of age on January lst of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. RESOLUTION NO. 85 -143 3. The applicant must have a "financial hardship" defined as: a. An annual income at or below the two person rate established by HRA Section 8 housing guidelines (two person household rate is $17,400 in 1985); and b. The aggregate total of special assessment installments from previously- existing special assessment levies plus the first year of the current levy will exceed two percent of the applicant's annual income. 4. The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 2 per cent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 2 percent of the applicant's annual income shall not be deferred. 5. Special assessments levied due to the applicant's failure -to -pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 2 per cent aggregate payment defined in paragraph 4 above. BE IT FURTHER RESOLVED that interest at the rate for that particular assessment levy shall be added to the deferred assessment and shall be payable in accordance with the terms and provisions of Minnesota Statutes 435.195;.and BE IT FURTHER RESOLVED that the City Manager is directed to provide application forms, as may be necessary and is authorized to process said applications signed by the qualified persons prior to September 15th of the preceding year of date which payment is due and direct Hennepin County to defer the special assessments within said application. RESOLUTION NO. 85 -143 meet the age requirement. BE IT FURTHER RESOLVED that the right to defer assessments is hereby terminated when the subject property owner no longer meets the criteria established in this resolution except that a surviving spouse of a qualified applicant need not August 12, 195 ATTEST: Dat Mayor The motion for thetladoption of the foregoing resolution seconded by member Gene Lhotka and upon vote taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: whereupon said resolution was declared duly none, was duly being passed and adopted.