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Mounds View Charter Commission Date: April 11, 2006 Charter Updates; Category 3 Items; Chapter 7 Revision – Draft 20060411 Page2 of 3 in Subdivision 1, shall require voter approval as stipulated in Subdivision 2. A)For the purposes of this Section, "fees" includes sales and use taxes, utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and electric)and any other fee that produces a tax burden or direct financial obligation to a majority of property owners and/or residents of Mounds View. B)For the purposes of this Section, the term "fees" does not include: park or recreational participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees" also does not include rental housing fees, building permit fees, liquor license fees, cable television service, annual license fees for the operation regulated business, and any other charge for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to the actual cost of the service being provided. The term "fees" shall not include any special assessments made under Minnesota Statutes Section 429. C)For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. D)For the purposes of this Section, "city" includes the City as legally and geographically defined by the State, all its departments, personnel, Commissions and governing bodies adopted by Ordinance, appointment, or proclamation and are organized to exercise the "Powers of the City" as defined by the State or this Charter. . "City" shall not include any governing body solely owing its existence to separate constitutional or statutory authority outside of the Charter and not as a result of Council action, Ordinance, appointment or proclamation, regardless of whether that other governing body has jurisdiction or performs duties and services within the boundaries of the City. E)This Section does not apply to any specific emergency measure authorized in Chapter 7 Section 7.12. Subdivision 4. The City shall not raise any moneys to increase any fund reserve beyond 50% of that fund's previous annual expenditures, unless the Council either designates by resolution and holds a public hearing the purpose of the reserve or modifies and adopts the Fiver Year Financial Plan, as defined in Chapter 7, Section 7.05, specifying the fund reserve purpose and the City follows such proposed increase with the steps outline in Subdivision 2 of this Section the year prior to the collection of such increased taxation or fee. Moneys raised by Tax Increment Financing shall not be included in the calculation of reserve limit. This subdivision and section shall not limit or impair the City's ability to create Tax Increment Financing or enter in to development agreements specified by MN Statutes (469.174 to 469.1799). The subdivision shall not require the City to divest or expend any excess of any reserve fund(s) currently exceeding the specified limit, provided the Council, within 90 days of adopting this Section, designates by resolution the purpose of the reserve or adopt a modified Five Year Financial Plan reflecting the reserve purpose. City of Mounds View 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86