3.3. SR 08-18-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.3.
Agenda Section Meeting Date Prepared by
Consent Au st 18, 2008 Lori Stich, Accountant
Item Description Reviewed by
Ordinance Amending Section 62-1 "Deferral" of the City Code Tim Simon, Finance Director
of Ordinances Reviewed by
Lori ohnson, Ci Administrator
Action Requested
Adopt ordinance 08-_ amending Section 62-1 "Deferral" of the City Code of Ordinances regarding the
deferral of special assessments.
Background/Discussion
The 2008 Legislature approved a statute change that extends the option to defer certain assessments to
members of the National Guard and military reserves ordered into active service.
On an annual basis the Council sets the income eligibility guidelines for the deferral of special
assessments per the Minnesota Department of Commerce for Minnesota Energy Assistance Program.
The wording change requested would update the income eligibility guidelines annually without having
Council approve a resolution each year.
Financial Impact
None
Attachments
Ordinance Amending Section 62-1 Deferral
Eligibility Guidelines -Minnesota Energy Assistance Program
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\ordinance change (2).doc
ORDINANCE 08- _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 62-I "DEFERRAL" OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 62-1 titled, Deferral, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(a) The city council is authorized to approve the deferral of the payment of a special assessment
against a homestead property if the owner of the property for which the assessment is deferred is:
(1) Sixty-five years of age or older; er
(2) Retired by virtue of a permanent and total disability; or
~) A member of the National Guard or military reserve in active service.
(b) In order to be eligible for the deferral, the annual household adjusted gross income of
the owner of the property shall not exceed
. the maximum income guidelines set by the Minnesota Department of
Commerce for Minnesota Energy Assistance Program eligibility.
(c) The deferral shall exist only as long as the property owner qualifies for the deferral, but
not to exceed ten years.
(d) Interest on the deferred special assessment shall accrue during the deferral at the net
interest rate of the improvement bond issue, as stated in the official bond document, per
annum. The city council may require current payment of interest as a condition of deferral.
Accumulated interest and the deferred payments shall become due and payable upon the
occurrence of any of the following events:
(1) The death of the owner, provided the spouse is not eligible for benefits under
this section;
(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; or
(4) If for any reason the city council determines that there would be no hardship to
require immediate or partial payment.
(e) The deferral of payment of special assessments may be ordered by resolution of the city
council at the request of the property owner at any time following adoption of the
assessment roll. The property owner shall immediately notify the city finance department of
the existence of any change in status which may affect eligibility for deferral.
(f) The deferral may be extended beyond the initial ten years upon application of the
property owner and approval by the city council.
Section 2. That this ordinance shall take effect upon publication as provided by law.
C:\Documents and Settings\jmillex\Local Settings\Tempoxary Internet Files\OLK3E\oxdinance change (2).doc
Passed and adopted by the City Council of the City of Elk River this 18`'' day of August, 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\ordinance change (2).doc
Minnesota North Star Page 1 of 1
Eligibility Guidelines
Maximum Eligible Income for Program Dates 1U-01-ZOU7 to 09-3i1-2008
The Minnesota Energy Assistance Program uses the past 3 months of household income prior to signing
the application and/or last year's federal tax forms for self-employment income for making eligibility
determinations.
Household Annual 3-month
S IZe
1 $20,122 $5,030
2 $26,313 $6,578
3 $32,505 $8,126
4 $38,697 $9,674
5 $44,888 $11,222
6 $51,080 $12,770
7 $52,240 $13,060
8 $53,401 $13,350
9 $54,562 $13,650
10 $55,723 $13,930
11 $56,884 $14,221
12 $58,045 $14,551
13 $59,206 $14,801
14 $60,995 $15,248
15 $64,823 $16,205
16 $68,651 $17,162
17 $72,479 $18,119
18 $76,307 $19,076
19 $80,135 $20,033
20 $83,963 $20,990
*Based on 50% of State Median Income or 110% of Poverty, whichever is greater.
http://www.state.mn.us/portal/mn/j sp/common/content/include/contentitem.j sp?contentid... 08/12/2008