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Commission
Chair
Jonathan J Thomas
763-784-5205
Vice Chair
Bill Doty
763-786-3421
2nd Vice Chair
Jean Miller
763-786-3959
Secretary
Brian Amundsen
763-786-5699
Matthew Eenigenburg
763-783-7216
Carol Mueller
763.780.1251
Barbara Thomas
763-780-6226
William Werner Sr
763-784-3603
Resolution No. 2006-06a
Mounds View Charter Commission
Dated July 20, 2006
The Mounds View Charter Commission in accordance with Minnesota Statute
410.12 Subdivision 1, recommends the following amendments by the addition
of the bold and double underlined language and by deletion of the bold and stricken
language. The Mounds View Charter Commission requests the City Council
prepare the following Charter language amendment for a ballot in accordance
with Minnesota Statute 410.12 Subdivision 4 and have it placed before the
voters at the next general election. We also request the City Council response
within 20 days for any questions or clarification to any item as presented in the
modification of language for Chapter 7, Section 7.03 of the Mounds View
Charter.
This resolution supersedes the previously submitted Resolution 2006-06
This amendment, if approved by a majority of the voters shall become
effective on March 1, 2007.
Objectives:
1)To update and correct language in 7.03 for system of taxation.
2)In 7.03 to limit annual tax levy and certain fee increases, but provide a
process to obtain voter referendum approval for needs beyond the limits.
The section recommended for consideration with this resolution is attached.
Respectfully submitted,
___________________________ ____________________________
Jonathan J Thomas, Chair Brian R Amundsen, Secretary
Mounds View Charter Commission Resolution 2006-06a
Date: July 20, 2006
CHAPTER 7
TAXATION AND FINANCES
. . .
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 an 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.
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.
City of Mounds View
Mounds View Charter Commission Resolution 2006-06a
Date: July 20, 2006
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:
1.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
2.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 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 funding the routine and daily business operations of the City.
. . .
City of Mounds View