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11-12-24-R
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ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 5 <br />Finance Director Yang indicated during the May 13, 2024 Work Session, staff shared the survey <br />results. There were 73 residential survey responses, with approximately 54% choosing a franchise <br />fee option (22% - electric only; 32% - gas and electric), approximately 30% choosing a property <br />tax levy option, and approximately 17% choosing the combination of property tax levy and <br />franchise fee option. For those respondents who chose any combination of a franchise fee option, <br />approximately 64% indicated the City should consider dedicating the fees for a specific purpose. <br />Some common themes included bike lanes, park and trail improvements; structures and road <br />maintenance; storm water system maintenance and utility infrastructure; fire station. Respondents <br />also provided their concerns and additional comments for Council consideration. Some common <br />concerns shared is that an increase to property taxes would burden taxpayers and would remain in <br />effect indefinitely. Additionally, some respondents shared that non -profits should be assessed a <br />fee in lieu of taxes, which would mean assessing a levy increase on residents and imposing a <br />franchise fee on nonresidential and non-profit organizations. Council's consensus was in favor of <br />implementing electric franchise fees, to be directed towards the LJFD new station. Staff <br />commented further on the franchise fee process. <br />Finance Director Yang commented at the July 22 budget work session, and included in the <br />2025-2029 CIP budget, are franchise fee assumptions of $375,000 annually, estimated to start in <br />2025 to offset debt service for the new fire station. Per the August 19 budget work session, <br />Council directed staff to work with the City's financial advisor, Ehler's, to determine the timing <br />and structure of a bond issuance to occur in the spring of 2025, in order to align with the <br />anticipated development of the new fire station. Staff and Ehler's recommend that the City issue <br />bonds independently of one overarching project bond, as this will allow the City to take <br />advantage of more favorable interest rates through the issuance of Bank Qualified (BQ) bonds <br />(less than $10 million of tax-exempt bonds). At the September 23 work session, Council <br />discussed at length, the cost of the new fire station in conjunction with debt service and franchise <br />fees. <br />Finance Director Yang stated at the October 14 work session, Council discussed the various <br />electric franchise fee rate structure scenarios provided by Xcel Energy. Council directed Xcel to <br />provide rate options for a revenue target of $435,000, which would be a 10% revenue cushion <br />above the $395,000, 15- year annual debt service payment. This would allow the City to meet its <br />annual debt service obligation, with any excess collected to be directed towards paying down the <br />principal balance. With the debt service payments expected to occur in February 2026, staff <br />recommends adoption of the franchise fee rate structure no later than November 2024. This <br />timing is crucial to allow Xcel Energy time to meet the Public Utilities Commission's <br />requirements. <br />Finance Director Yang reported Xcel Energy is the natural gas and electric service provider to <br />properties in the City of Arden Hills. Ordinance 2009-014, electric distribution and transmission <br />franchise ordinance, and Ordinance 2009-015, the natural gas franchise ordinance, were approved <br />by the City on November 30, 2009. Both ordinances have twenty-year terms that expire on <br />November 30, 2029. City staff and the City Attorney have been working with Xcel to prepare <br />updated franchise ordinances for review. While the franchise agreement is structured as an <br />ordinance, it is legally considered a contract that requires approval from both parties. According <br />to the League of Minnesota Cities, the primary purpose of these franchise ordinances is to provide <br />uniform provisions that incorporates the broad municipal statutory franchise rights that exist in <br />Minnesota Statues and rules from the Minnesota Public Utilities Commission (MPUC) into an <br />ordinance or agreement for each service. The franchise agreements also provide the City an <br />
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