7.1. SR 12-15-2008REQUEST FOR ACTION
To Item Number
Ci Council 7.1.
Agenda Section Meeting Date Prepared by
Administration December 15, 2008 Tina Allard, Ci Clerk
Item Description Reviewed by
Ordinance Amendment for the 2009 Master Fee Schedule, Lori ohnson, Ci Administrator
Public Hearing Reviewed by
^ Resolution Approving Notice of Summary Publication
Action Requested
Mayor Klinzing to open and close a public hearing.
Two Council motions:
Motion adopting the 2009 Master Fee Schedule ordinance.
Motion adopting resolution approving summary publication of the ordinance.
Background/Discussion
Council completed a preliminary review of the proposed 2009 fee schedule on November 17, 2008.
Council requested the following:
^ Check with the city attorney regarding finance charges to make sure we can charge 1.5%.
^ Lockout fees remain at $20.
^ Analysis of actual costs presented for the sewer and water hookup permit and the exhibit C
building fees.
Other changer to note:
^ Dangerous Dog Registration -Fee is for every two years.
^ Surface Water Management Impact Fee -Increased by 3 percent per a 1994 resolution.
Attachments
^ Memo from Community Development Director Jeff Gongoll
^ Building Fees City Comparison and History of Past Changes
^ 2007 Building Permit Fee Report
^ Email from Attorney Regarding Finance Charges
^ Summary Publication Resolution
^ Fee Schedule Ordinance
Action Motion by Second by Vote
Follow Up
S:\Administration\Council RCA\Fee Schedule\Fee Sched U9 Final.doc
tuver
MEMORANDUM
TO: Mayor & City Council
FROM: Jeff Gongoll, Community Development Director
DATE: December 15, 2008
SUBJECT: 2009 Master Fee Schedule -Supplemental Information
This memo and attached table is a follow-up to the Council's questions and concerns
regarding the proposed 2009 Fee Schedule.
As previously identified, many of the fees associated with the community development
department, and specifically related to building safety items, have been adjusted to bring
them closer to the actual costs of providing the service. The primary reasons for these
adjustments are:
• Many fees have not been adjusted for a number of years - in some cases up to 9
years.
• Fees were reviewed to determine the actual costs of providing the service; i.e.,
administration, permit process and inspection activities.
• It costs approximately $45 per hour to provide service for any of the building
safety fees listed (excluding indirect costs).
The attached schedule is a comparison of certain fees that other cities have established and
are similar to those in Elk River. Please also note that although there are similar types of
fees within each city, the fees tend to vary widely in some cases. Consequently, while the
comparison shows what is occurring in other cities, each city established their fee schedule
based upon the activities and circumstances that are consistent with their community. This
was our approach to the adjustments that we are recommending. In all cases, the fees
proposed were adjusted to cover the costs that we are experiencing in the delivery of the
building permit system.
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From: Beck, Peter K.
Sent: Tuesday, November 25, 2008 1:16 PM
To: Allard, Tina
Cc: Simon, Tim; Johnson, Lori
Subject: FW: City of Elk River/Assessment of 18% Finance Charges
Tina,
Charlie and I asked Gene Hennig, from our financial institutions practice group, for some input on
the finance charges question. Here is his response. Looks like you are good to go, as long as the
charge is clearly identified as a "finance charge" and not "interest". Let me know if you have any
questions.
Peter
Peter K. Beck
From: Hennig, Gene H.
Sent: Monday, November 24, 2008 10:54 AM
To: Wilson, Charles D.
Cc: Hennig, Gene H.
Subject: City of Elk River/Assessment of 18% Finance Charges
Charlie:
I write in response to your request from last Friday regarding the legality of the City of Elk River
unilaterally charging a finance charge of 18% on unpaid obligations owed to the City. Although the
law of interest and usury is never "crystal clear" when dealing with questions of this nature, it is my
conclusion that in all probability the City could assess an 18% finance charge under exisitng
Minnesota law.
Two questions are really present in this situation. First, there is the question of whether the City
can assess these finance charges unilaterally on its invoices without obtaining the written consent
of those persons or entities obligated to pay the outstanding accounts. Second, there is the
question of whether a finance charge of 18% is usurious under Minnesota law.
1. It is a general well-known proposition that contractual obligations need to be in writing to be
enforceable. So, too, Minn. St. 334.01, subd. 1 requires loan obligations that bear interest at a rate
in excess of 6% per annum to be in writing. However, there is also recognized in Minnesota a legal
theory known as the "doctrine of accounts stated", which is derived from the Second Restatement
of Contracts, section 282(1) (1981). What this doctrine essentially provides is that if a creditor
presents an invoice for an amount owed and the account debtor does not timely object it is
assumed that the debtor has consented to the charge. Here in Minnesota, this doctrine has been
used in instances where a creditor has assessed interest unilaterally in excess of 6% on an
account and the debtor has not objected. See, American Druggists Ins. v. Thompson Lumber, 349
N.W.2d 569 (Minn. App. 1984). I would conclude, therefore, that the fact that the City of Elk River
is not getting the consent of its account debtors before assessing its finance charge should not be
a problem unless there is timely objection from these debtors.
2. As mentioned above, the general rule in Minnesota is that interest of more than 6% may not
be charged, unless the loan is in writing, in which case the rate can go up to 8%. See, Minn. St.
334.01, subd. 1. For this statute to apply, however, there must in fact be a "loan or forbearance of
debt." In cases similar to your situation, courts have held that the assessment of a finance
charge is not the same thing as a loan or forbearance of debt. See, Widmark v. Northrup King Co.,
530 N.W.2d 588 (Minn. App. 1995). A finance charge is more in the nature of a penalty for paying
an invoice late; it is not being assessed with the intent that there be a loan of money. Instead, in
the case of a finance charge the creditor is trying to get paid at the earliest opportunity and is
assessing the finance charge in the hope that that will occur without additional delay. The finance
charge can also be justified as offsetting the additional expense that a creditor often incurs in
having to deal with late payments. The key to staying within the boundaries of the law on this issue
is to make sure that the City plainly states that it is charging a "finance charge" and not "interest"
and that it does not otherwise seek to evade the usury laws by assessing interest on its accounts
as opposed to simply trying to get its accounts paid as soon as possible after they become due.
I would finally point out, for what it is worth, that many businesses provide unilaterally for the
assessment of finance charges at the rate of 1.5% per month on outstanding past due accounts.
What the City of Elk River is therefore seeking to do is well within accepted practice, as I have
come to know it, here in Minnesota.
If either you or the City would like to discuss this further with me, please feel free to do so at any
time.
Regards--
Gene.
RESOLUTION 08-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE FOR
SUMMARY PUBLICATION OF ORDINANCE #08-_
AN ORDINANCE ADOPTING THE 2009 MASTER FEE SCHEDULE
WHEREAS, on December 15, 2008 the Elk River Ciry Council adopted Ordinance
08-_ approving the 2009 Master Fee Schedule; and
WHEREAS, this 2009 Master Fee Schedule, has some fee changes for animals, code
enforcement violations, parking fines, building permit fees, and other
miscellaneous fees; and
WHEREAS, a copy of the full text of the ordinance and the 2009 Master Fee Schedule is
available for inspection by any person at the office of the Elk River City
Clerk, 13065 Orono Parkway, during regular business hours - 8:00 a.m. to
4:30 p.m., Monday through Friday; and
NOW, THEREFORE, BE IT RESOLVED, that the Ciry Council, by at least four-fifths
vote, authorizes the publication of the title and summary of Ordinance 08-
_ and that Ordinance 08-_ shall become effective January 1, 2009.
Passed and adopted this 15`" day of December 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:Arldministrazion\Fec Schedule\2009\Summary Resolution.doc
ORDINANCE 08-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER ADOPTING
THE 2009 MASTER FEE SCHEDULE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Pursuant to Minnesota Law, and the Elk River City Code, a fee
schedule for city services is hereby adopted.
2009 Master Fee Schedule
A. The City Code of the City of Elk River establishes that certain fees be set from time
to time by the Elk River City Council.
B. City staff has reviewed the current Master Fee Schedule for the City of Elk River and
is hereby recommending that the 2009 Master Fee Schedule, attached as Exhibit A
be adopted.
C. Upon consideration and review by the Elk River City Council, the 2009 Master Fee
Schedule is hereby adopted.
Section 2. This ordinance shall be published on December 24, 2008 and shall
become effective January 1, 2009.
Passed and adopted by the City Council of the City of Elk River this 15th day of
December, 2008.
Stephanie K]inzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\administration\fee schedule\2009\ordinance.doc
City of Elk River
2009 Master Fee Schedule
Fees deposited ntith or checks cashed by the city do not imply an applicant automatically receives a permit or license from the czty.
Specific criteria mast 6e met for each type o f license or permit for which an application has been submitted before the license or
permit may be granted Administrative or Corrnezl approval may also be required before the permit or license is valid
ADMINISTRATIVE
AUDIOVISUAL
^ Dubbing Police Audio Tapes
^ Dubbing Audio Tapes
^ Dubbing Police Video Tapes
^ Dubbing Video Tapes and DVD's
CITY CODE
COPIES
^ Microfilm to Hard Copy
^ CD/DVD Reproduction
^ Photocopies
LABOR RATE (Research, Computer Services, Etc:)
LICENSES
^ Kennel
o Commercial
o Residential
^ Liquor
0 3.2% Malt Off-Sale
0 3.2% Malt On-Sale
o Club
o Consumption & Display (Set-up)
o Intoxicating On-Sale
o Intoxicating Sunday On-Sale
o Premises Extension Permit (on-sale)
o Temporary 3.2% Malt On-Sale
o Temporary On-Sale
o Wine
o Initial investigation fee for intoxicating licenses
$25/tape
$5/tape
$35/tape
$20/tape
Available through Municipal Code
Corporation. Costs will vary as updates are
made to the code. Cost is based on items
such as pages, tabs, shipping fees, etc.
$.25 per page
$13
$.25 per page up to 100 pages; over 100
pages plus staff time
~~ (15 minutes minimum) X23/hr
$75/year
$50/year
$75/year
$225/year
$300/year
$75/year
$5,000/year
$200/year
$100/day
$30/day
$40/day
$700/year
^ Single $200
^ Association, Partnership, Corporation, Club $400
^ Massage Establishment
o Single $200
o Partnership, Association, Corporation $300
o Renewal Fee $150/Year
^ Massage Therapist
o Initial Fee $150
o Renewal Fee $100/Year
^ Mechanical Amusement (Fees are Yearly) $15/per establishment plus:
o Mechanical Rides $15/ride
o Pin Ball Games $15/machine
o Pool Tables (Coin Operated) $15/table
o Video Games $15/game
^ Pawn Shop $12,000/year
o Investigation Fee $1,500
^ Peddler $100/year
^ Sexually-Oriented Businesses (Additional Planning Department Fees $500/year
and Zoning Requirements may apply)
o Investigation Fee
^ Single $200
• Association, Partnership, Corporation $400
^ Solicitor $100
^ Tobacco $150/year
^ Transient Merchant (Ageneralplanningpermit fee may apply) $100/year
MERCHANDISE
^ Plastic Cups $4
^ City Flag $45
^ Plastic Pins -Elk River $.35 each
^ Metal Pins- Elk River $2 each
PHOTOS
^ 35 mm photos up to 12 exposures $10
^ 35 mm photos up to 24 exposures $15
^ Digital black and white $10
^ Digital color $15
POSTAGE Prevailing Rate
FINANCIAL
ABATEMENTS-per Ciry Ordinance
ASSESSMENT SEARCH CERTIFICATION
FINANCE CHARGE
Actual cost borne by the City for
handling/disposal, site maintenance, or
other appropriate remediation.
$20/each
Computed at 1.5% per month (18.0%
annual) on account balances unpaid after
the due date.
BUILDING
DOCUMENTS
^ Listings (for permits, businesses, contractors, residents, etc.)
^ Housing Maintenance Ordinance
^ State Residential Contractor License Search
3 SEASON/SCREEN PORCHES
BASEMENT FINISH
BUILDING PERMIT (Double fee if work begins before permit obtaine~
^ Industrial, Commercial, Multifamily Residential, Single-family,
and additions
DECKS
FENCES
^ Under 6 feet
^ Over 6 feet
FIREPLACES/WOOD STOVES
GARAGES
$50
$5 each
$5/permit
~ $45 x square footage =valuation for
permit fee plus state surcharge. Plan check
is included with this price
~8 S1? per square foot for valuation, use
building permit fee plus state surcharge.
Plan check is included with this price
State permit fee, 1997 UBC Table 1A, plus
65% plan check fee (valuation based on
current State of MN building valuation
data)
~$ x+10 per square foot for valuation for
permit fee; plus state surcharge. Plan check
is included with this price.
No Charge
$75 plus state surcharge
X4-5 $75 plus state surcharge
~9 S12 per square foot for valuation, use
building permit fee plus state surcharge.
Plan check is included with this price
MECHANICAL PERMIT (E~orheatin~ ventilation, ~' airConditionin~ Fee shall be the greater of $15 plus state
including installation, alteration, or repair) surcharge or 1.5% of the valuation of the
work as calculated per the Uniform
Mechanical Code
MOVING STRUCTURES (~ building permit isregniredforfoundation,garage, and remodelingavork)
^ Moving structures in $150
^ Moving Outbuildings In $45
^ Moving Outbuildings Out and Demolition $45
^ Moving Houses Out and Demolition $150
OUTBUILDINGS
~ S12 per square foot for valuation, use
building permit fee plus state surcharge.
Plan check is included with this price
PLUMBING PERMIT
POOL
^ Above Ground
^ In Ground
RE-ROOF
^ Residential
^ Commercial/Industrial
RE-SIDING
SANITARY SEWER USER FEE
^ Charge per 1,000 gallons
^ Minimum charge
^ Apartment Unit Charge
^ House Unit Flat Charge
SEPTIC INSTALLATION & REPAIR PERMIT
SEWER AVAILABILITY CHARGE (SAC)
(Plant replacement interceptor)
WINDOW INSTALLATION
^ 1 - 3 Windows
^ 4 or More Windows
Fee shall be the greater of $15 plus state
surcharge or 1.5% of the valuation of the
work
~ `~45 plus state surcharge
X45 575 plus state surcharge
X45 $75 plus state surcharge
$-58 $1 per square foot for valuation for
permit fee plus state surcharge
-~45 $75 plus state surcharge
April 7, 2008 .~p~zl 7, 2009
$ 3.72 $ 3.83
$ 8.63 ~ 8.89
$14.84 $ 15.29
$19.50 $ 20.09
~~'-1-A9 $130
$4,079 per unit
$45 plus state surcharge
$75 plus state surcharge
ENVIRONMENTAL
LICENSES
^ Fertilizer Commercial Applicator
^ Garbage Hauler
$45
$60 1~t truck plus $15 each additional truck
^ Mineral Extraction
^ Solid Waste Facility
NPDES PERMITS
^ Inspection Residential
^ Commercial/Industrial
SHORELAND OR WETLAND INSPECTION
PLANNING
ADMINISTRATIVE SUBDIVISIONS/SIMPLE PLATS
^ Escrow for Consulting Services
CONCEPT PLAN REVIEW BY CITY COUNCIL
^ Policy Plan Review
^ Concept and Layout Plan Review
CONDITIONAL OR INTERIM USE PERMIT
^ Commercial/Industrial
o Escrow for Consulting Services
^ Residential
o Escrow for Consulting Services
^ Amendments and renewals requiring public hearings
o Escrow for Consulting Services
COMPREHENSIVE PLAN DOCUMENT
EASEMENT VACATION
^ Escrow for Consulting Services
HOME OCCUPATIONS
LAND DEVELOPMENT REGULATIONS
LAND USE PLAN AMENDMENT
MAPS
^ Aerial Photos
^ Aerial Topography Maps
^ Map-Black and White 2'x3'
^ Map-Colored 2'x3'
^ Map-larger than 2'x3'
^ Copies of Maps from Copy Machine
$20/acre to be actively mined in
forthcoming year or not reclaimed
$5/acre approved but not actively mined
$2,000 plus cost of reviewing license.
Amount of annual cost incurred by the city
for monitoring and inspecting the facility
plus the license.
$175 per residential building
Actual cost of total inspections
$40
$300 plus park dedication fee, if applicable
$1,000
$250
$500
$520
$1000
$310
$500
Same as fees for initial applications
$1,000
$50
$260
$300
$15
$35
$420
$6/sheet
$55/per acre
$5 each
$8 each
$15 each
$2 each
ORDINANCE AMENDMENT $420
PLANNED UNIT DEVELOPMENT (PUD)
PLATS, PRELIMINARY
^ Escrow for Consulting Services
PLATS, FINAL
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^ Zoning Letter
SIGN/ZONING PERMITS
^ Permanent Sign (Separate building permit and fee may apply)
^ Temporary
^ Temporary, Deposit
SITE PLAN REVIEW
^ Escrow for Consulting Services
SUBDIVISION EXEMPTIONS
VARIANCE
ZONE CHANGE
ZONING REQUESTS, MISCELLANEOUS
Charge for required planning applications,
i.e. CUP, Rezoning, etc.
$1,000 + $5/lot for each lot over 50
$1,500
$200
~~~
$50 per request
$30
$30
$100
$300
$1,000
$150
$200
$400
$110
PARK DEDICATION FEE
^ Residential
^ Commercial
^ Industrial
PARK FACILITY USE FEE (Shelter, Bandshell, .Fields, and Hockey finks)
^ Residents
^ Non-residents
^ Field with a Shelter
$~4(~-5 $3,639/dwelling unit
9 $7,298/acre
`~?~?9 52,436/acre
$20
$40
No Charge
PARK & ALL RECREATIONAL FACILITIES Per Policy & Application for Use
FIRE
OPEN BURNING
^ Residential Special Burning Permit $10 each
^ Residential Special Burning Permit -Daytime Hours $25 each
FALSE ALARMS
^ Alarm 1-3 No charge
^ Alarm 4 $200
^ Alarm 5 or More Fee increases $50 per alarm (ex.• alarm
5=250, alarm 6=•$300)
FIREWORKS
^ Public Display for Pyrotechnics $25 per day
^ Sales/Storage-Retail $100/year
^ Sales/Storage-Temporary $100/year (General Planning Permit also
required)
RENTAL DWELLINGS
^ 4 or more Units
o Application S45 per addressed building
o License $15 per dwelling unit
^ 1-3 Units
o Application $10 per addressed building
o License `Y'awed until 2011
SEWER & WATER HOOKUP PERMIT
$75 Commercial plus ($2,000 bond in
favor of the city)
$65 Residential plus ($2,000 bond in favor
of the city)
SPRINKLER INSPECTION FEE
^ Industrial, Commercial, Multifamily Residential, Single-family, State permit fee, 1997 UBC Table 1A,
and additions (valuation based on current State of MN
building valuation data minus the plan
review fee)
POLICE
ACCIDENT REPORT (State Motor Vehicle Report) $25 per page
ANIMALS
^ Cat License $~ea~~ S10/2 years
^ Dog License $10/2 years
^ Duplicate Cat or Dog License $2 each
^ Dangerous Dog Registration $50/2 years
^ Impound Fee
0 1S~Time in one year X39 $50
0 2n~ Time in one year $-58 $75
0 3r~ Time in one year X99 $150
BACKGROUND (Letter of Good Conduct) $-5$10
DRIVER'S LICENSE (non-city residents) $.25
FINGER PRINTS $10
IMPOUNDED VEHICLES (at Public lY/orksgarage or Police Department) ~ $15/Day
LOCKOUT FEE $20
PARKING FINES
^ Fire Lane/Hydrant (allowed 21 davs to pav ticket) $20
o Second Notice with Late Payment Charge (allowed 14 $40
additional days to pay)
o If both notices are ignored, a formal complaint is filed in $94
district court
^ Handicap Parking Only $200
^ No Parking 2 a.m. to 6 a.m. (allowed 21 da`~s to pay ticket) $20
o Second Notice with Late Payment Charge (allowed 14 $40
additional dies to pay)
o If both notices are ignored, a formal complaint is filed in $94
district court
^ Other (allowed 21 daes to pay ticket) $20
o Second Notice with Late Payment Charge (allowed 14 $40
additional davs to pay)
o If both notices are ignored, a formal complaint is filed in $94
district court
^ Overtime Parking (allowed 21 days to pay ticket) $10
o Second Notice with Late Payment Charge (allowed 14 $20
additional days to pay)
o If both notices are ignored, a formal complaint is filed in $94
district court
^ Prohibited Zone/Area (allowed 21 da~-s to pay ticket) $20
o Second Notice with Late Payment Charge (allowed 14 $40
additional days to pay)
o If both notices are ignored, a formal complaint is filed in $94
district court
^ Winter Parking Ban (allowed 21 davs to pad- ticket) $30
o Second Notice with Late Payment Charge (allowed 14 $60
additional daes to pay-)
o If both notices are ignored, a formal complaint is filed in $94
district court
PARKING PERMITS (For employees)
POLICE RESERVE SERVICE
SECURITY ALARMS
^ Permit
^ False Alarms
$20/per year
$28/hr
S20
,.1,,...... ,..-.,7 ,. .. L. ,. „1,......-. ~L.,,..,.,.F ,,..
alarm 1-2 - No charge
r~larm 3-5 - $50
Alarm 6-7 - $100
Alarm 8-9 - $250
10 & Over - $500
Failure to Obtain Alarm Permit - $100
Other Civil Alarm Violations - $100
GRADING PERMIT
STREET DISRUPTION PERMIT
ti75 $59 plus city consultant fees if
required to process application
$100 plus ($5,000 letter of credit in favor
of the city)
SURFACE WATER MANAGEMENT IMPACT FEE(3% annual increase $90/residential lot (rural) $93
per resolution 94-110) $180/residential lot (urban) X185
$1,080/acre (multifamily, commercial, and
industrial) $1,112
UTILITY HOOKUP PERMIT
^ Year-long city-wide permit $1,000
^ One-time hook-up permit $45
WATER ACCESS CHARGE (WAC) $300 Per Unit
^ Contad Elk River Municipal Utilities
WATER CONNECTION CHARGE $1,700
^ Contact Elk River Municipal Utilities
CODE ENFORCEMENT VIOLATIONS
A late payment fee of 10% of the fzne will Ge assessed_ for each 30-day period, or part thereof; that the fine remains unpaid after the ruse
date.
ANIMALS
^ Exceeding maximum number allowed $50
^ Feces clean-up $100
MISCELLANEOUS
^ Exterior storage $200
^ Firewood $200
^ Garbage & refuse $55
^ Snow & ice removal $55
^ Unsafe conditions, critical $500
VEHICLES
^ Commercial/overweight vehicle parked in residential zone. $50
^ Junk Vehicles $200
^ Overweight vehicles $200
^ Parking Codes $55
^ Parking on unapproved surfaces $200
^ Vehicles displayed "for sale" on public street $50
ZONING
^ Accessory structure $200
^ Dwelling unit occupied by more than one family $500
^ Fencing setback & maintenance $200
^ Home occupation $200
^ Home occupation, prohibited $250
^ Long grass $200
^ Nuisance, junk & debris ~riolation $200
^ Property maintenance, critical $500
^ Property maintenance, non-critical $200
^ Sign ordinance ~riolation $200
^ Swimming pool ~riolation, critical $500
^ Swimming pool violation, non-critical $200
^ Zoning code violation, other than noted above $200