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Jim Ericson From: Jim Ericson Sent: Wednesday, November 28, 2007 3:00 PM To: 'JThomas' Cc: 'Barbara Thomas' Subject: FW: Charter Fee Limitations Attachments: Levy Limit Resolution.pdf PDF I' Levy Limit tesolution.pdf(165.. Jonathan, Hope you had a nice Thanksgiving. I am writing with questions pertaining to the Charter levy & fee limits in Section 7.03 as they relate to Administrative Offense fines. As you know, we would like to amend the Charter to provide explicit allowance to certify unpaid property based AO fines to property taxes. The administrative offense fine of $100 has not changed since it was instituted in (or before) 1988, and my suggestion has been to institute a graduated fine schedule, with the first offense at $150, the second same or similar offense within 12 months would be $300, and a third same or similar offense within the 12 month period would carry a final $450 fine. My question is that the charter language regarding fee increase limitations, in my opinion, seems somewhat inconsistent as to whether the proposed increase falls within or outside of the limitation. Relevant language appears in two places. First, in Section 7.03, Sub 3a, the following is stated: "For the purposes of this Section, "fee" includes utility charges . . . , recycling fees, franchise fees . . . , Administrative offense fees, and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View. " The way I read that section, a property-specific fine does NOT produce a tax burden or direct financial obligation to a simple majority of property owners--it only impacts ONE property owner, thus it should not be considered a fee. On the other hand, the section does clearly indicate that AO "fees" are subject to the increase limitations. In contrast, the very next section of the Charter, Section 7. 03, Subd 3b, states: "For the purposes of this Section, the term "fee" does not include: Filing for Office fee, park or recreational participation fees, charges for photo-copying, . . . Building and Zoning Permit or Inspection and Planning fees, or civil, criminal and banking fines and other charges collected in cases of restitution or violation of law or contract. " The way I read that, a civil fine (AO fine) should not be subject to the limit. Am I reading this the way it was intended? While I understand that the City Council is the body charged with the interpretation of the Charter, I'm sure it would be helpful to solicit comment from the Charter Commission for sake of clarification. Any guidance you can offer would be appreciated. Thank you! Jim Ericson Community Development Director City of Mounds View 2401 County Road 10 Mounds View, MN 55112 763-717-4021 (Phone) 763-784-3462 (Fax) 1