01-27-1982 Council Agenda - Laserfiche WebLink

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Mr. Joseph Chlebeck January 21, 1982 Page Two deferral for disabled retired persons then the standards should relate to the determination of the existence of a disability. The Council has the authority to consider deferral for either classification of persons or for both classifications. Thirdly, the Council should determine whether the discre- tionary deferral procedure will apply only to future assessments, rather than all special assessments, including those already levied and spread. The enabling legislation is not clear as to this point. However, Section 5, Ch. 195, Laws 1976, provides some indication of legislative intent. Ch. 195, Laws 1976, amended certain Minnesota statutes, in addition to Section 435.193 and 435.194. Section 5, Ch. 195, Laws 1976, which was not codified, provides, as follows: "This act ... shall not affect any improvement or assessment proceeding commenced prior to its effective date." The effective date of this act was April 9, 1976. Therefore, it is our opinion that the discretionary deferral procedure should apply to future assessments. Deferments that have been previously granted should continue, assuming that the conditions of said deferments are being complied with. Fourthly, the ordinance or resolution establishing standards should be sufficiently general to enable the Council to make the determination on individual cases. In this regard, certain general statements might be helpful, as follows: "The City Council of the City of Little Canada determines that deferral of special assess- ments for certain senior citizens and certain disabled persons is in the public interest, and it is necessary that the City Council establish its general policies and guidelines for granting said deferrals of special assessments for senior citizens and disabled citizens; therefore, the City Council endorses the principle of deferment of special assessments for certain senior citizens and disabled citizens, where the payment of said special assessments would constitute a hardship; the City Council's consideration of the application for granting deferments of special assessments 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 person must meet the age requirement. (Additional language will be necessary if the Council intends to defer assessments for disabled persons.) 3. The owner will make application for deferred payment of special assessments on forms prescribed by the Ramsey County Auditor and will make application to the City of Little Canada on forms provided by the City.