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HomeMy WebLinkAbout04-09-2009 / / !;/ f/ / Mounds View Charter Commission Minutes/./,' ;�' b 7 • Thursday, April 9, 2009 1. Call to Order—The meeting came to order at 7:03 pm. 2. Roll Call—Present: J. Thomas, B. Thomas, J. Reiling, B. Doty, M. Haubrich, J. Miller Excused: B. Amundsen Absent: Guest: City Clerk-Administrator Ericson, City Finance Director Mark Beer 3. Approval of agenda Motion by B, Doty, second by J. Reiling,to approve agenda as amended. MOTION APPROVED Approval of minutes Motion by J. Reiling, second by B. Doty,to approve minutes of Feb. 12, 2009 as written. MOTION APPROVED 4. Citizens comments from the floor None 5. Reports of the Chair None 6. Reports of members . None 7. Unfinished Business Chair introduced discussion of Chapter 8 and the amendments being explored by the commission to provide some background for city staff. Discussion began regarding what questions need to be answered if amendments to this section go forward. Chair clarifies that the commission is beginning with the Initiative portion of the chapter to begin to put some definitions and timelines in place and then will follow that by amending the Referendum process to match. It is the intent of the commission to provide a well-defined process to allow for referendums for projects proposed by either petition or city initiated. The charter language needs to build and clarify the petition process. Chair stated the commission's ultimate goal is for a group of citizens of a defined size to propose a project, and do a significant amount of the design work and leg work as well as have an appropriate number of citizens join the initiative on a petition for the city to move forward. Brainstorm issues raised: 1) How do you define a project size? 2) Can you restrict ballot issues to go to ballot only during regular elections? i. Yes, in chapter 5, the commission built a timeline to limit ballot issues to the next scheduled election 3) How are projects with separate funding sources included as petition-able projects? i. All projects will likely increase financing needs on city residents which will have to be factored in. Perhaps a dollar value limitation that would set a • minimum or maximum. Mounds View Charter Commission Minutes • Thursday, April 9, 2009 4) Are there ways to include public/private partnerships with city projects? 5) Can thresholds for project size be based on construction costs being a percentage of the city budget? a. General fund budget might be a likely target that would grow and contract with the economy. b. Could this percentage be used to define windows of whether petition size could be localized or city-wide. 6) How do you define a project area? a. Can precincts be used for smaller affected areas? b. Do smaller projects that go to petition to move themselves ahead of other priorities need to be a city wide petition? c. A smaller area is for petition only,not elections. 7) How do you determine the priority of a project? 8) Can or should petitions for initiative and referendum of the same project have different area definitions? ie, can a city wide referendum kill a local area initiative? 9) How does financing come into play on project areas? 10)What projects do we want to include in this section? a. Should we limit it to current language of street projects? b. We should avoid a"list"of potential projects Chair clarified that despite the perception that a small number of people on a petition are deciding issues for the whole community, a project could only go forward if approved by the City Council or by a city-wide vote. If done properly,the charter model should make everyone's job easier from both the resident and city side of any particular issue. City staff can provide assistance on terminology that already has accepted definitions in order to build proper language. 8. New Business Discussion of next month's agenda includes continuing work on Chapter 8, discussion of the materials provided regarding the Clerk-Administrator title and possibly further discussion on the language conflicts regarding the PCSC and the EDC. 9. Adjournment Meeting adjourned at 8:40 p.m. cit o r �/ f CHARTER COMMISSION MEETINGS Mounds 7:00 PM Thursday, Apr 9, 2009 � • View Mounds View City Hall Preliminary AGENDA Charter Commission Chair 1. Call to Order Jonathan J Thomas 763-784-5205 2. Roll Call Vice Chair Michael Haubrich Jonathan J Thomas Michael Haubrich 612-237-2859 Jean Miller Barbara Thomas Brian Amundsen Bill Doty 2"d Vice Chair Jean Miller Jason Refiling 763-786-3959 3. Approval of agenda and minutes Secretary Barbara Thomas Review and approve agenda 763-780-6226 Approval of Mar 12, 2009 Minutes Brian Amundsen 763-786-5699 4. Citizens comments from the floor Doty *86-3421 5. Reports of the Chair Jason R Reiling 763-350-3013 6. Reports of members 7. Unfinished Business 45 min, continue Chapter 8 discussion with City Staff 8. New Business 10 min, discuss next months agenda. 9. Adjournment 10. Next Regular Meeting Date - May 14, 2009X 111) s , Item No: 7A Meeting Date: April 13, 2009 Type of Business: CB & PH Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk-Administrator Item Title/Subject: Public Hearing to Consider the First Reading and Introduction of Ordinance 819, an Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to "Fees" Background: The Charter Commission has adopted a resolution to amend the City Charter in Section 7.03 relating to "fees". The amendments serve to clarify which fees are subject to annual increase limitations. According to Subdivision 1 of Section 7.03, any fee increased beyond the limits established shall be put to a vote of the residents at a general or special election. The limits, generally speaking, are as follows: Either the prior year tax levy dollar amount increased by a maximum of 5%, or the Minneapolis / St. Paul CPI plus 2%, whichever is less. The Charter Commission approved Resolution 2009-02d at their meeting on March 12, 2009. The resolution is attached for your reference. Discussion: Attached is Ordinance 819 which incorporates the language adopted by the Charter Commission in Resolution 2009-02d. This Ordinance is being presented for a public hearing and first reading on April 13, 2009, with a second reading and adoption presently scheduled for April 27, 2009. Recommendation: Staff recommends the City Council hold the public hearing and approve the first reading and introduction of Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City Charter. Respectfully submitted, CoAkkAi FAP-Wk-CeIN James Ericson Clerk-Administrator City of Resolution No. 2009-02d Mounds Mounds View Charter Commission View Dated Mar 12, 2009 Whereas, the Mounds View Charter Commission has received a request to review some apparent conflicts that resulted from recent updates to Chapter 7 of the Cfarter Mounds View Charter, Commission Therefore, the Mounds View Charter Commission acting under Minnesota Statute Chair 410.12 Subdivision 7, recommends the following amendments by the addition of the Jonathan J Thomas blue and double underlined language and by the deletion of the Red and stricken 763-784-5205 language. The Mounds View Charter Commission requests the City Council adopt Vice Chair this resolution by ordinance by the required unanimous vote. Michael Haubrich 612.237.2859 CHAPTER 7 TAXATION AND FINANCES 2nd Vice Chair Jean Miller 763-786-3959 Section 7.03 System of Taxation Secretary Subdivision 3.Any other fee or levy, created, or increased beyond the limits set forth in Barbara Thomas Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. 763-780-6226 a) For the purposes of this Section, "fee" includes utility charges(other than water, sanitary Brian Amundsen 763-786-5699 sewer, storm water and street light),recycling fees, franchise fees (for cable, gas and electric), : •• . • . • • •• , and shall also include any other fee that produces a Bill Doty tax burden or direct financial obligation to a simple majority of property owners and/or 763-786-3421 residents of Mounds View and not specifically excluded in Section 7.03 Subd.3b. Jason R Reding b) For the purposes of this Section,the terra"fee" does not include: Filing for Office fee,park 763.350.3013 or recreational participation fees, charges for photo-copying, sales of municipal liquor store products, 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 term"fee" does not include charges collected by the direction of the State, County or other taxation authority, or as a result of joint powers agreements. The term"fee" also does not include rental housing fees, liquor license fees,cable television service franchise fees, annual license fees for the operation of a regulated business, an - fees for services, including health and safety related Code enforcement,and other goods,services or materials routinely provided by the City t ii tizc--s o-•other •• • • • . • • • . . . •• •, : ', • . . . : that for those applicable, pursuant to MN Statute;the amount charged for certain fees shall reflect the actual cost of the service being provided. The term"fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. 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, all expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee, excluding the annual recertification of the utility franchise fee. Respectfully submitted, Jonathan J Thomas, Chair Barbara Thomas, Secretary ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 7, Section 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions stricken as follows: CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for .ble, gas and electric), Administrative—offencee 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 and not specifically excluded in Section 7.03 Subd. 3b. b) 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, sales of municipal liquor store products, 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 term "fee" does not include charges collected by the direction of the State, County or other taxation authority, or as a result of joint powers agreements. The term "fee" also does not include rental housing fees, liquor license fees, cable television-service franchise fees, annual license fees for the operation of a regulated business, and any miscellaneous fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City - ' ' ' - • - - • - •• - •• - - • - - - - ' - -must-be-limited-to that for those applicable, pursuant to MN Statute, the amount charged for certain fees shall reflect the actual cost = • - - ' - - - - - - The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. Ord 819 Page 2 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., excluding the annual recertification of the utility franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: May 7, 2009 Joe Flaherty, Mayor ATTEST: Jim Ericson, Clerk-Administrator (SEAL) 4 Questions for Public Improvements Initiative discussion 1. How do we reword 8.02 to include public projects financed by the city in addition to those financed with assessment. 2. Should there be different rules for initiatives if they include assessment than for projects that do not. 3. How do we define project scope under the definition of local improvements? Also, we need to clarify the difference between city wide improvement projects and partial areas, "project zones," and define the affected individuals within those zones, "immediately adjacent"property owners. 4. What percentage of property owners within a project zone shall be required to initiate a petition for public infrastructure improvements? 5. Project definitions need to be defined with a list of requirements which should include upfront and ongoing cost estimates. 6. Initiative section needs to define both completely new projects as well as revisions of projects which have failed under referendum. 7. Should Initiative be able to modify an existing proposed project before it fails a referendum? 8. A definition for"public infrastructure improvement" needs to be included and/or proper terminology must be substituted. - " Section 8.05. Initiative. A public improvement project may be proposed by petition. The exact nature of the proposed project must be stated at the head of each page of the petition or attached thereto. - how do we define public improvement project and what should be the limitations- - how do we define a project including engineering or financing- - should previously defined and/or rejected projects or that are being amended be included here or in another section of this Chapter and how much amendment creates a new project— The petition shall be filed in the Clerk-Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. - how do we define project area and required number of signatures- - definitions of projects should include a kind of"impact statement" to help define project area- - should financing method change the signing requirements—assessments vs citywide financing — Within sixty (60) calendar days after final determination of the petition's sufficiency according to this Charter, the Council must either adopt a project plan according to Subdivisions 1 or 2 or pass a resolution to place the measure on a ballot as provided in Subdivision 3. Any amendment to the proposed project must proceed according to Subdivision 2 of this section. If an project is adopted, it shall become effective thirty (30) calendar days after publication unless the project specifies a later effective date. If the vote for adoption fails, the project must be placed on the ballot as provided in Section 5.05. If a ballot measure for a proposed project fails the same measure is prohibited from being brought forward again as an initiative within one hundred eighty (180) calendar days of the election certification. Failure of a ballot measure for a proposed project shall not prevent the Council from proposing a similar project. Subdivision 1. If the Council elects to adopt the project plan as provided by the petition without amendment, they shall proceed in accordance with the normal public improvement procedure. During this process, the project cannot be amended but, if adopted, is subject to the referendum process as defined in Section 5.07. - how does this address the need for engineering or other governmental unit input- Subdivision 2. If an amendment to the project is proposed by a majority vote of the Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed project. The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the amended proposed project to disapprove the amendment by majority vote, and file a statement with the Clerk-Administrator. Upon receipt of a statement of disapproval from the Sponsoring Committee, the Council must either adopt the proposed projects, according to Subdivision 1 of this section, or place the project, as presented by the Sponsoring Committee, on the ballot as provided in Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval, the project can proceed, as amended, according to Section 3.05 with no further amendments and, if adopted, is subject to the referendum process as defined in Section 5.07 of this Charter. If the vote for adoption fails, the project, as amended, must be placed on the ballot as provided in Section 5.05. If an amended project is approved at a first reading, the Council may choose to submit the project, as amended, as a ballot measure. - how does the timing need to be adjusted to allow for the necessary investigations— Subdivision 3. If the project is required to be put on a ballot, or if the Council chooses to submit the project as presented as a ballot measure, they shall proceed as provided for in Section 5.05 of this Charter. If a majority of those voting on the project vote in its favor, it shall become effective thirty (30) calendar days after adoption certification of the election results unless the project specifies a later effective date. If the majority does not vote in favor, the project shall not be enacted. Item No: 7F Meeting Date: April 27, 2009 Type of Business: CB Administrator Review: City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk-Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 819, an Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to "Fees" Background: The Charter Commission has adopted a resolution to amend the City Charter in Section 7.03 relating to "fees". The amendments serve to clarify which fees are subject to annual increase limitations. The limits, generally speaking, are as follows: Either the prior year tax levy dollar amount increased by a maximum of 5%, or the Minneapolis / St. Paul CPI plus 2%, whichever is less. The Charter Commission approved Resolution 2009-02d at their meeting on March 12, 2009. The resolution is attached for your reference. Discussion: A public hearing was held on April 13, 2009 to consider the first reading and introduction of the subject ordinance. While the first reading was ultimately approved, there were two questions raised regarding the language which I will restate and address in this report. One of the proposed changes is to exclude the annual reauthorization of the utility franchise fee from the limitations imposed in Section 7.03. Without the proposed exclusion, a strict interpretation of the Charter would require that the City conduct a referendum EVERY year to continue with the gas and electric franchise fee, which sunsets annually. The Council asked what happens when the Franchises agreements expire and new Franchise agreements are adopted—would the proposed exclusion apply even then? Staff's interpretation is that the annual reauthorization applies to the franchise fee and is not tied to approvals of new Franchise agreements, which would occur Nov 2012 in the case of Xcel and July 2019 in the case of CenterPoint. Members of the Charter Commission have been asked to provide their opinion regarding this specific revision and have been invited to attend the meeting on April 27th The other issue raised by the Council addressed the broader aspect of how fee increases are controlled and under what circumstances a referendum would be required. The Charter, in Section 7.03, imposes limitations on general fund levy increases and increases to fees that are passed along to residents. How this works is explained on the following page. (The complete text of Charter Section 7.03 appears later in this report.) Ordinance 819 April 27, 2009 Page 2 Subdivision 1 of Section 7.03 of the City Charter indicates the following: The City's annual resolution to levy ad valorem taxes (raising money against real and personal property) shall not exceed the lesser of the following formulas; either the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S. Department of Labor, Bureau of Labor Statistics. Thus, it is not possible for the tax levy to increase by more than 5% from one year to the next, and if the CPI is less than 3%, the maximum increase would be less than 5%. If the proposed levy exceeds the cap, the proposed increase would need to be put to a vote of the residents by referendum. The same increase limitations apply to certain fees imposed and adopted by the City Council. Subdivision 3 of Section 7.03 indicates that any fee that is increased beyond the same limits as imposed upon the levy shall be put to a vote of the residents by referendum. For example, if the Council desired to increase the utility franchise fee back to 4% from 3.75%, that would result in an increase of more than 6%, more than what is allowed by the formula in Subdivision 1. Attached is Ordinance 819 which incorporates the language adopted by the Charter Commission in Resolution 2009-02d. This Ordinance is being presented for second reading and adoption, with an effective date of August 5, 2009, if approved. Recommendation: Staff recommends the City Council approve the second reading and adoption of Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City Charter. Action on the ordinance requires a ROLL CALL VOTE. Respectfully submitted, James Ericson Clerk-Administrator City of Resolution No. 2009-02d Hounds Mounds View Charter Commission View Dated Mar 12, 2009 Whereas, the Mounds View Charter Commission has received a request to review some apparent conflicts that resulted from recent updates to Chapter 7 of the Cfiartcr Mounds View Charter, Commission Therefore, the Mounds View Charter Commission acting under Minnesota Statute Chair 410.12 Subdivision 7, recommends the following amendments by the addition of the Jonathan J Thomas blue and double underlined language and by the deletion of the '-_ -^e -- 763-784-5205 language. The Mounds View Charter Commission requests the City Council adopt Vice Chair this resolution by ordinance by the required unanimous vote. Michael Haubrich 612.237.2859 CHAPTER 7 TAXATION AND FINANCES 2nd Vice Chair Jean Miller Section 7.03 System of Taxation 763-786-3959 Secretary Subdivision 3.Any other fee or levy, created, or increased beyond the limits set forth in Barbara Thomas Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. 763-780-6226 a) For the purposes of this Section, "fee" includes utility charges(other than water, sanitary Brian AmundsenI 763-786-5699 sewer, storm water and street light),recycling fees,franchise fees (for n-ble;gas and electric), •• • . • • •., and shall also include any other fee that produces a Bill Doty tax burden or direct financial obligation to a simple majority of property owners and/or 763-786-3421 residents of Mounds View and not specifically excluded in Section 7.03 Subd.3b. Jason R Reiling b) For the purposes of this Section,the term"fee" does not include: Filing for Office fee,park 763.350.3013 or recreational participation fees, charges for photo-copying, sales of municipal liquor store products, Building and Zoning Permit or Inspection and Planning fees, or civil, criminal and banking fines and other charges collected in cases of restitution nr violation of law or contract. The term"fee"does not include charges collected by the direction of the State, County or other taxation authority,or as a result of joint powers agreements. The term"fee" also does not include rental housing fees, liquor license fees, cable television service franchise fees, annual license fees for the operation of a regulated business,ma-l-any miseellaneous-fees for services, including health and safety related Code enforcement,and other goods,services or materials routinely provided by the City* its citizens or other • • • • . • • . , ; • •, - • •, •• • • •. : that for those applicable, pursuant to MN Statute,the amount charged for certain fees shall reflect the actual cost : . • • • . •. •. • .. The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. 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, excluding the annual recertification of the utility franchise fee. Respectfully submitted, • Jonathan J Thomas, Chair Barbara Thomas, Secretary CHAPTER 7 TAXATION AND FINANCES Section 7.01 Council to Control Finances. The Council shall have full authority over the financial affairs of the City except as limited or prohibited by the state constitution, state laws, or this Charter. It shall provide for the collection of all revenues and other assets, and the auditing and settlement of accounts. It shall further provide for the safekeeping and disbursements of public monies by the City Treasurer. Section 7.02 Fiscal Year. The fiscal year of the City shall be the calendar year. Section 7.03 System of Taxation. Subject to the state constitution, and except as forbidden by it or by state law, the Council shall have full power to provide by ordinance for a system of local taxation. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution, by this Charter or by state laws imposing restrictions upon the City irrespective of Charter provisions. Subdivision 1. The City's annual resolution to levy ad valorem taxes (raising money against real and personal property) shall not exceed the lesser of the following formulas; either the prior year tax levy dollar amount increased by a maximum of 5%, or CPI (Consumer Price Index) plus 2%. The CPI shall be the 12 month average of the most recently published data for all Urban Consumers in the Minneapolis, St. Paul metropolitan area, as defined by the U.S. Department of Labor,Bureau of Labor Statistics. Subdivision 2. The City Council may levy a tax against real and personal property in excess of the limit set in Subdivision 1 provided the Council shall: A) Adopt a resolution declaring the necessity for a n additional tax levy and specifying the purposes for which such additional tax levy is required. B) Hold a public hearing upon at least 10 days posted and published notice in the City's official newspaper, City newsletter, and, if available, the City web site, setting forth the contents of the resolution described in Subdivision 2A. C) After such public hearing, adopt by an affirmative vote of at least four(4) members of the Council such resolution language which is readily understandable and a summary of such resolution will be the ballot question for the electorate at the next regular municipal election or special election, per this Charter's Section 4.04, as amended, prior to the final levy approval. D) If the additional tax levy resolution is then approved by the voters under Chapter 4 of this Charter then the levy shall be implemented in the following fiscal year or later date as specified in the resolution. 17 Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and electric),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. b) 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, sales of municipal liquor store products,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 term "fee" does not include charges collected by the direction of the State, County or other taxation authority, or as a result of joint powers agreements. The term "fee" also does not include rental housing fees, liquor license fees, cable television service fees, annual license fees for the operation of a regulated business, and any miscellaneous fees 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 "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. 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) This Section does not apply to any specific emergency measure authorized in Chapter 7 Section 7.12. or MN Statute 475.754, as amended. Subdivision 4. The City shall not levy to increase any fund reserve beyond 50% of an average of that fund's previous five years annual expenditures. The Council may raise a fund's reserve beyond 50%provided: a) the Council designates by resolution and holds a public hearing reviewing the purpose of the reserve increase and the City follows such proposed increase with the steps outlined in Subdivision 2 of this Section the year prior to the collection of such increased taxation or fee, or b). the Council modifies and adopts by resolution the Five Year Financial Plan, as defined in Chapter 7, Section 7.05, as amended, specifying the fund reserve purpose and the City follows such proposed increase with the steps outlined 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 into Development Agreements specified by MN Statutes 469.174 18 to 469.1799, as amended. This 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 adopts a modified Five Year Financial Plan reflecting the reserve purpose. Subdivision 5. Nothing in this Section shall be construed to impair any general obligation the City may have in support of otherwise lawful indebtedness or similar obligation supported by the full faith and credit of the City, provided, however, that long-term, general obligation indebtedness shall not be used for the purpose of fiinding the routine and daily business operations of the City. (Section 7.03 Amended by Referendum Election, November 2006) 19 ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 7, Section 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions stricken as follows: CHAPTER 7 TAXATION AND FINANCES Section 7.03 System of Taxation Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for Gab ; gas and electric), a = ••' - ' - - - • - - , 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 and not specifically excluded in Section 7.03 Subd. 3b. b) 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, sales of municipal liquor store products, 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 term "fee" does not include charges collected by the direction of the State, County or other taxation authority, or as a result of joint powers agreements. The term "fee" also does not include rental housing fees, liquor license fees, cable television franchise fees, annual license fees for the operation of a regulated business, fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City : ' ' ' - • _ _ • - •• - •• = - ' - ° - 'must-be-limited-to that for those applicable, pursuant to MN Statute, the amount charged for certain fees shall reflect the actual cost = - - - ' - - - - - - The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. • Ord 819 Page 2 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, excluding the annual recertification of the utility franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: May 7, 2009 Effective Date: August 5, 2009 Joe Flaherty, Mayor ATTEST: Jim Ericson, Clerk-Administrator (SEAL)