4.10. SR 11-15-1993
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ITEM 4.10.
River
FROM:
MAYOR AND CITY COUNCIL .JO~
LORI JOHNSON, FINANCE DIRECTOR 71
TO:
DATE: NOVEMBER 10, 1993
SUBJECT: REQUEST FOR SPECIAL ASSESSMENT
DEFERRAL FOR ROBERT AND ANN OSTER
Robert and Ann Oster are requesting a deferral of the 1992
Western Area assessment on their property at 921 Main Street.
The original assessment was in the amount of $7,112.20 of which
$711.22 of principal was included with the 1993 tax. The
balance which is requested to be deferred is $6,400.98.
In 1992, the City Council approved a resolution setting the
maximum household income allowable in order to qualify for
deferral at $16,500. Attached is a resolution setting the
maximum household income level for qualification for deferral
of special assessments based on hardship for 1993. The income
level is set at $17,325 which is five percent above the 1992
level.
.
Although the Oster's gross income exceeds the $17,325 maximum,
after medical expenses, their disposal income is well below
$17,325. Due to a serious illness, the Osters are estimating
home health care expenses after insurance of $1,065 per month.
In addition, they will pay approximately $400 per month for
health insurance.
Minnesota Statutes Chapter 435.193 states that "Any council,
statutory, or home rule charter city or town electing to defer
special assessments shall adopt an ordinance or resolution
establishing standards and guidelines for determining the
existence of a disability, but nothinq herein shall be
construed to prohibit the determination of hardship on the
basis of exceptional and unusual circumstances not covered by
the standards and guidelines where the determination is made
in a nondiscriminatory manner and does not give the applicant
an unreasonable preference or advantage over other
applicants." The Osters do meet the City's the age and income
requirements if medical expenses are taken into consideration.
In addition, the above referenced statute gives the Council
authority to view cases on an individual basis and approve
deferrals.
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Attached is a resolution approving the deferral of the 1992
Western Area Improvement Project special assessment for Robert
and Ann Oster's property located at 1921 Main Street in Elk
River. The Council is asked to first pass the resolution
setting the maximum income level for 1993 and then take action
on the resolution deferring the assessments.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION DESIGNATING THE MAXIMUM HOUSEHOLD
INCOME LEVEL FOR QUALIFICATION FOR DEFERRAL OF
SPECIAL ASSESSMENTS BASED ON HARDSHIP
WHEREAS, Section 1404, Item 1.a. of the Code of Ordinances for
the City of elk River states that the Council shall
annually approve by resolution a maximum household
income level in order to qualify for deferral; and,
WHEREAS, the City Council has determined that the maximum
household income allowable in order to qualify for
deferral of special assessments based on hardship,
assuming that the other qualifications are also met,
is set at $17,325 for 1993.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Elk River, Minnesota that in order to qualify for
deferral of assessments based on hardship for 1993,
the total household income must be less than $17,325.
Passed and adopted by the City Council of the City of Elk River
this 15th day of November, 1993.
John Dietz, Vice Mayor
ATTEST:
Sandra Thackeray, City Clerk
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RESOLUTION 93 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING DEFERRED SPECIAL ASSESSMENT
FOR THE 1992 WESTERN AREA IMPROVEMENT PROJECT
WHEREAS, the applicants have presented to the City Council an
application for deferred special assessments pursuant
to law; and,
WHEREAS, the applicants are over 65 years of age, have
exceptional circumstances due to medical conditions,
and after consideration of ongoing medical expenses,
meet the financial requirements for deferral of
special assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Elk River as follows:
1. Robert and Ann Oster are hereby granted deferral
of special assessment for the Western Area
Improvement Project on Parcel #75-413-0980 on the
following conditions:
a. That the conditions described on the
application for deferral continue to exist.
b. This deferral shall terminate after a period
of ten years unless extended pursuant to
Section 1404 of the City Code of Ordinances.
c. This deferral shall terminate upon:
1. Applicant's death, provided that the
spouse is not otherwise eligible for the
benefits hereunder;
2. The sale, transfer or subdivision of the
property or any part thereof;
3. If the property should, for any reason,
lose its homestead status;
4. If for any reason the City Council
determines that there would be no hardship
to require immediate or partial payment.
2. Those sums otherwise due and payable for the
special assessments shall accrue interest at the
rate of 6.0 percent per annum which interest shall
not be paid with property taxes during the
deferral period but may be paid to the City on an
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annual basis. In any event, all unpaid accrued
interest shall be paid upon termination of the
deferral.
Passed and adopted by the City Council of the City of Elk River
this 15th day of November, 1993.
John Dietz, Vice Mayor
ATTEST:
Sandra Thackeray, City Clerk
This instrument was drafted by:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
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APPLICATION FOR DEFERMENT OF SPECIAL ASSESSMENTS
To the City Council of City of Elk River, Sherburne County,
Minnesota.
, ANN L. OSTER
(Applicant) being.
first duly sworn deposes and states:
1. That Applicant'is the owner of the following described
real estate located in the City of Elk River,
Sherburne County Minnesota: 1921 MAIN STREET ELK RIVER. MINN. 55330
75-413-0980 CER651D LOTS 8 & 9 BLOCK 9 PLUS EASEMENT OVER NELY
20 FT OF LOT 2 ETC. ORONO
CITY OF ELK RIVER
2. Pursuant to Minn. Stat. ~435.l93, eta seq. and Elk
River Code of Ordinances S1404, Applicant requests
deferral of the payment of special assessment for the
92129 10 YR WESTERN Improvement.
3. In support of this request, Applicant represents as
follows:
~ Applicant is over 65 years of age;
b.
Applicant is permanently and totally
disabled as follows:
c. Applicant's adjusted gross income is
$~~.
4. Applicant declares that the foregoing information is
true and correct and agrees to immediately inform the
Elk River City Administrator should any of the
foregoing information change, and agrees that if the
deferral is granted, Applicant will immediately upon
termination of the deferral pay to the City the
deferred assessment with interest.
Dated:
?-;25'- 93
~ t (JJ;:,
Applicant ~
Subscribed and sworn to
before me this "",5 day
of ~ cJ..... , -l-9-8-e /99:3
CLe-'~_) a. t!.;u~
Notary Public
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