CR 2012-056 Approval of Special Assessment Deferral 303-6th Ave NorthMay 29, 2012 im� Council Report 2012-056
Approval of Special Assessment Deferral
303 6`i' Avenue N
City Project No 11-10 Street Improvement
Proposed Action.
Staff recommends that the Council approve the following motion: Adopt Resolution 2012-035 Approving
the Deferral of Special Assessment for 303 6"' Avenue N.
Overview.
The property owner of 303 6"' Avenue N filed a written assessment hearing appeal form for submission to
the City Council on May 15, 2012 during the assessment hearing. They listed cancellation of the
assessment as their first choice and Senior Citizen deferment as their second choice.
It was advised by Jerry Steiner that Council deny their request for cancellation, but he didn't advise
Council to approve the deferment because he thought it was handled administratively. However, Section
703.05 of the Hopkins City Code states "The City Council may in its discretion defer payment of special
assessments upon request for any homestead property owned by a person 65 years of age or older or retired
by virtue of a permanent and total disability in either instance of which the City Council determines it
would be a hardship for said owners to make the payments." Also, staff checked with Hennepin County.
The County Attorney's opinion is that anything pertaining to special assessments must have Council action.
The City Attorney agrees that these deferrals have to be approved by the City Council. Because the
property owners meet the age and income requirement, they are eligible for the Senior Citizen deferment.
The City Council must take action on this request before the deferment can be recorded with Hennepin
County.
Recommendation.
• Staff recommends adoption of Resolution 2012-035 that takes formal action to allow the recording
of the Senior Citizen deferment.
Supporting Information.
• Resolution 2012-035
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Robin Robertson
Special Assessment Cleric
CITY OF HOPKINS
HENNEPIN COUNTY
RESOLUTION 2012-035
RESOLUTION APPROVING THE DEFERRAL OF SPECIAL ASSESSMENT
303 6" AVE N, CITY PROJECT 11-10
WHEREAS, the City Council approved the special assessment deferment for the property located
at303 6`h Avenue N on June 5, 2012, City Project 11-10 Street Improvements.
WHEREAS, the property owner has met the age and income requirements for the deferment as
stated in City Code 703.05. The special assessment deferment shall be certified to the County Auditor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HOPKINS, MINNESOTA:
1. Such deferred assessment, as may be amended and a copy of which is attached hereto and made
a part hereof, is hereby accepted and shall constitute the special assessment against the land
named herein, and such tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such deferred assessment shall accrue simple interest during the deferment period at the rate of
5% which was established at the time the assessment roll was adopted.
3. Such deferred assessment must be renewed annually during the term of the deferment and all
required supporting documents or information must be delivered to the City not later than
September 30 of each year.
4. Upon failure to renew the deferment certification or upon (a) the death of the owner, provided
that the surviving or successor owner is otherwise not eligible for the deferment; (b) the sale,
transfer or subdivision of the property or any part thereof; (c) if the property should for any
reason lose its homestead status; or (d) if for any reason the City shall determine that there
would be no hardship to require immediate or partial payment; the deferment shall terminate
and the City Clerk shall promptly certify to the County auditor the amount of the deferred
assessment including interest to be inserted on the tax assessment or in full if the property was
sold or the period of time for repayment of the original assessment has expired.
Adopted by the City Council this 5�' day of June, 2012.
Eugene J. Maxwell, Mayor
ATTEST:
Kristine Luedke, City Clerk