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<br />16 <br /> <br />Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in <br />Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. <br /> <br />a) For the purposes of this Section, "fee" includes utility charges (other than water, <br />sanitary sewer, storm water and street light), recycling fees, franchise fees (for gas <br />and electric) and shall also include any other fee that produces a tax burden or direct <br />financial obligation to a simple majority of property owners and/or residents of <br />Mounds View and not specifically excluded in Section 7.03, Subd. 3b. (Amended by <br />Ordinance 819, Adopted May 11, 2009; Effective: August 19, 2009.) <br /> <br />b) For the purposes of this Section, the term "fee" does not include: Filing for Office fee, <br />park or recreational participation fees, charges for photo-copying, sales of municipal <br />liquor store products, Building and Zoning Permit or Inspection and Planning fees, or <br />civil, criminal and banking fines and other charges collected in cases of restitution or <br />violation of law or contract. The term “fee” does not include charges collected by the <br />direction of the State, County or other taxation authority, or as a result of joint powers <br />agreements. The term "fee" also does not include rental housing fees, liquor license <br />fees, cable franchise fees, annual license fees for the operation of a regulated <br />business, fees for services, including health and safety related Code enforcement, and <br />other goods, services or materials routinely provided by the City that for those <br />applicable, pursuant to MN Statute, the amount charged shall reflect the actual cost. <br />The term "fee" shall not include any special assessments made under Minnesota <br />Statutes Section 429, as amended. (Amended by Ordinance 819, Adopted May 11, <br />2009; Effective: August 19, 2009.) <br /> <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, excluding <br />the annual recertification of the utility franchise fee. (Amended by Ordinance 819, <br />Adopted May 11, 2009; Effective: August 19, 2009.) <br /> <br />d) This Section does not apply to any specific emergency measure authorized in Chapter <br />7 Section 7.12. or MN Statute 475.754, as amended. <br /> <br />Subdivision 4. The City shall not levy to increase any fund reserve beyond 50% of an <br />average of that fund's previous five years annual expenditures. The Council may raise a fund's <br />reserve beyond 50% provided: <br /> <br />a) the Council designates by resolution and holds a public hearing reviewing the purpose <br />of the reserve increase and the City follows such proposed increase with the steps <br />outlined in Subdivision 2 of this Section the year prior to the collection of such <br />increased taxation or fee, or <br /> <br />b). the Council modifies and adopts by resolution the Five Year Financial Plan, as <br />defined in Chapter 7, Section 7.05, as amended, specifying the fund reserve purpose <br />and the City follows such proposed increase with the steps outlined in Subdivision 2 <br />of this Section the year prior to the collection of such increased taxation or fee. <br />