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-------- Original Message-------- <br />Subject:RE: Revised Charter - correction to Section 7.03 Subd. 3b <br />Date:Wed, 11 Mar 2009 11:32:40 -0500 <br />From:Jim Ericson <JimE@ci.mounds-view.mn.us> <br />To:'JThomas' <jthomas@usinternet.com> <br />References: <br />Jonathan, <br />Following up on the status of draft Res 2009-02. I have two issues to review with you. <br />1. The Attorney recommends deleting the text from 7.03 Sub 3b which states: <br />"... which, by law, must be limited to the actual cost of the service being provided." <br />Since this clause adds nothing to the Charter which is not already provided for in Statutes, <br />elimination of said clause would resolve the issue of it not adequately addressing administrative <br />offenses. I would agree and recommend the Charter Commission strike that clause. If the <br />Charter Commission feels the statement serves a legitimate purpose regardless, if only to serve <br />as a reminder that some fees need to reflect the actual cost of providing the service, then a <br />separate sentence could be added, something to the effect of, <br />"For those applicable, pursuant to MN Statutes, the amount charged for certain fees shall reflect <br />the actual cost to provide such service." <br />That gets around trying to distinguish between one fee or another, although 1 feel it's an <br />unnecessary statement either way. <br />2. Will Res 2009-02 address the annual re -certification of the utility franchise fee? <br />The Charter presently states in Subd 3c: <br />c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary <br />increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal <br />definition of a tax or fee base, AND AN EXTENSION OF AN EXPIRING TAX OR FEE. <br />(Emphasis added on the capped language.) <br />A strict interpretation of this would require us to hold a referendum annually to simply continue <br />the utility franchise fee, and from earlier discussions with the Charter Commission, it was my <br />understanding that this was not the intent. <br />Perhaps a qualifier could be added to the end of 3c which states, "and an extension of an <br />expiring tax or fee, excluding the annual recertification of the utility franchise fee." <br />Will this be included as unfinished business discussion? <br />Thanks, <br />Jim <br />