HomeMy WebLinkAboutItem 07A - Ord 819, Charter Amendment 7.03Item 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,
________________________
James Ericson
Clerk-Administrator
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 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 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 to its citizens or other
members of the public which, by law, must be limited to 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.
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)