HomeMy WebLinkAbout2023-090CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2023-090
A RESOLUTION GRANTING ASSESSMENT DEFERRAL FOR HARDSHIP TO
ELIGIBLE PROPERTIES
WHEREAS, the City approved the Final Assessment Roll for Old Village Phase 5 & 6
Street and Utility Improvements on October 19, 2021; and
WHEREAS, under the City of Lake Elmo Special Assessment Policies and Procedures
for Public Improvements, certain assessments are eligible for deferral under certain
circumstances; and
WHEREAS, the City Council will consider deferment for the payment of special
assessments on any homestead property, owned by a person 65 years of age or older, or retired
by virtue of permanent and total disability. A hardship may be deemed to exist when the annual
principal installment of all assessments levied against the property exceeds two percent (2%) of
the adjusted gross income of the applicant as evidenced by the applicant's most recent federal
income tax return, and total assets (excluding the homestead property) do not exceed six times
the adjusted gross income; and
WHEREAS, the City Council may also determine, on a case by case basis, the existence
of a hardship on the basis of exceptional and unusual circumstances not covered by these
standards and guidelines, if done in a non-discriminatory manner and without giving the
applicant an unreasonable preference or advantage over other property owners; and
WHEREAS, during the period of deferral, interest shall be applied annually to the
unpaid principal balance at the rate established on the original special assessment, or as adopted
by resolution of the City Council at the time the original assessment is adopted; and
WHEREAS, the deferment shall terminate and all principle and interest becomes due
and payable upon the occurrence of any of the following events: (1) The death of the owner
when there is no spouse whom is eligible for deferment, (2) The sale, transfer or subdivision of
the property or any part thereof, (3) The property should lose its homestead status, (4) The City
Council should determine that the hardship no longer exists. A review of the hardship will be
conducted every three to five years; and
WHEREAS, the City has received application for deferral from certain property owners
claiming eligibility for deferral under the 65 years of age or older provision of the policy. City
Staff has reviewed the application, bank statements, and tax returns and found that the applicant
does meet the criteria for deferral according to the policy.
Resolution 2023-090
NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo grants a special
assessment deferral to the following property owners:
Property Owners: Michael & Anne Stark
Property Address: 3284 Kraft Circle N., Lake Elmo
Parcel ID#: 14.029.21.41.0022
Original Assessment: $ 26,200.00 (Street $13,700, Sewer $12,500)
Balance to be Deferred: $ 23,123.34 (Street $11,873.34, Sewer $11,250)
Interest Rate: 3.25 %
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 19TH
DAY OF SEPTEMBER 2023.
CITY COUNCIL
CITY OF LAKE ELMO
r
By:
Charles Cadenhead
Mayor
ATTEST:
oolpaz'-�
Ju e J hnson
Ci erk
Resolution 2023-090