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C) After such public hearing, adopt by an affirmative vote of at least four (4) members of the
<br />Council such resolution language which is readily understandable and a summary of such resolution
<br />will be the ballot question for the electorate at the next regular municipal election or special election,
<br />per Section 4.04, as amended, prior to the final levy approval.
<br /> D) If the additional tax levy resolution is then approved by the voters under Chapter 4 of this
<br />Charter then the levy shall be implemented in the following fiscal year or later date as specified in the
<br />resolution. (Amended 2006 Ord. 772; Amended 2023 Ord. 1009.)
<br /> Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision
<br />1, shall require voter approval as stipulated in Subdivision 2 of this Section.
<br /> a) For the purposes of this Section, “fee” includes utility charges (other than water, sanitary sewer,
<br />storm water and street light), recycling fees, franchise fees (for gas and electric) and shall also include
<br />any other fee that produces a tax burden or direct financial obligation to a simple majority of property
<br />owners and/or residents of Mounds View and not specifically excluded in Section 7.03, Subd. 3b.
<br />(Amended by Ordinance 819, Adopted May 11,2009; Effective: August 19,2009.)
<br /> b) For the purposes of this Section, the term “fee” does not include: filing for office fee, park or
<br />recreational participation fees, charges for photo-copying, sales of municipal liquor store products,
<br />building and zoning permit or inspection and planning fees, or civil, criminal and banking fines and
<br />other charges collected in cases of restitution or violation of law or contract. The term “fee” does not
<br />include charges collected by the direction of the state, county or other taxation authority, or as a result
<br />of joint powers 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 business, fees for
<br />services, including health and safety related code enforcement, and other goods, services or materials
<br />routinely provided by the City that for those applicable, pursuant to Minnesota Statutes, the amount
<br />charged shall reflect the actual cost. The term “fee” shall not include any special assessments made
<br />under Minnesota Statutes Chapter 429, as amended. (Amended by 2006 Ord. 772; Amended 2009
<br />Ord. 819; Amended 2023 Ord. 1009.)
<br /> c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary increase
<br />in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee
<br />base, and an extension of an expiring tax or fee, excluding the annual recertification of the utility
<br />franchise fee. (Amended by Ordinance 819, Adopted May 11,2009; Effective: August 19, 2009.)
<br /> d) This Section does not apply to any specific emergency measure authorized in Chapter 7 Section
<br />7.12. or MN Statute 475.754, as amended.
<br /> Subdivision 4. The City shall not levy to increase any fund reserve beyond fifty percent (50%) of an
<br />average of that fund’s previous five (5) years of annual expenditures. The Council may raise a fund’s
<br />reserve beyond fifty percent (50%) provided:
<br /> a) the Council designates by resolution and holds a public hearing reviewing the purpose of the
<br />reserve increase 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, or
<br /> b). the Council modifies and adopts by resolution the five-year (5-year) financial plan, as defined in
<br />Chapter 7, Section 7.05, as amended, specifying the fund reserve purpose and the City follows such
<br />proposed increase with the steps outlined in Subdivision 2 of this Section the year prior to the
<br />collection of such increased taxation or fee.
<br />Moneys raised by tax increment financing shall not be included in the calculation of reserve limit. This
<br />subdivision and section shall not limit or impair the City’s ability to create tax increment financing or
<br />enter into development agreements specified by Minnesota Statutes, sections 469.174 to 469.1799,
<br />as amended. This subdivision shall not require the City to divest or expend any excess of any reserve
<br />fund(s) currently exceeding the specified limit, provided the Council, within ninety (90) days of
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