HomeMy WebLinkAboutCity Council Packet 10-08-2013 SpecialCITY OF PLYMOUTH
AGENDA
SPECIAL COUNCIL MEETING
OCTOBER 8, 2013, 5:30 p.m.
MEDICINE LAKE CONFERENCE ROOM
1. CALL TO ORDER
2. TOPICS
A. Discuss Franchise Fees
B. Set Future Study Sessions
3. ADJOURN
Special Council Meeting 1 of 1 October 8, 2013
rpc;cy of
Plymouth
Adding QunlitV to Life
REGULAR
COUNCIL MEETING
October 8, 2013
1. OVERVIEW:
Agenda 2ANumber:
To: Dave Callister, City Manager
Prepared by: Jodi Bursheim, Finance Manager
Item: Review Funding Options of major street projects and
Franchise Fees
On February 12, 2013, the Council discussed funding options for two major street projects that
have been identified in the Capital Improvement Program (CIP) to be undertaken in the next few
years. The projects include:
Peony Lane
Scheduled for 2014 at an estimated cost of $12.8 million. The project involves the realignment
and widening of Peony Lane/Lawndale from Schmidt Lake Road to Maple Grove.
Vicksburg Lane
Scheduled for 2015 & 2016 at an estimated cost of $19.4 million. The Project includes the
reconstruction and widening of Vicksburg Lane from Old Rockford Road to Maple Grove. The
project will add capacity and improve safety and currently includes a bridge over the Canadian
Pacific rail line.
2. FINANCING OPTIONS:
At the February 12, 2013 Council meeting, staff presented potential financing sources that
included:
Municipal State Aid (MSA)
MSA Bonds
G.O. Street Reconstruction Bonds
Special Assessments
Franch ise Fees
Street Reconstruction Fund
Property Tax Levy
Area Charges
Federal/State Funding
Utility Trunk Fund
Street Reconstruction Fund
Staff has updated the projections to include the most recent capital improvement program as
presented to Council during budget discussions. The projection includes $2 million in existing
funds to be utilized for the Peony Lane Project as well as $2 million for the Vicksburg Lane
project.
Page 1
Historically, the funding from the annual levy for street reconstruction has been increased by 3%.
The projection includes an increase to 4% beginning in 2016 to maintain a positive cash balance
through 2025.
Project expenses follow the existing Capital Improvement Program through 2018 at which time
all capital project expenses are increased at three percent annually. All interest earnings are
projected using a 1% interest rate on existing cash balances.
Under the existing projections, the annual expenses are slightly higher than the annual revenues
causing a small reduction of the cash balances each year. The chart illustrates that the long range
projection of cash will continually decrease to a reserve amount of $1.7 million in 2025. This
projection does not include any revenue that would be generated from the implementation of
franchise fees.
Without more significant increases in the annual levy or some other source of revenue, the cash
balance in the street reconstruction fund will be depleted by 2029.
3. PROJECT FINANCING BY PROJECT:
Peony Lane 2014
Expenditures
Street Reconstruction fund
2004-2025
rior
Plymouth
300,000
Land Acquisition 2,000,000
16
10,500,000
Total Expenditures
cc 14
Revenues Total
Municipal State Aid Fund 6,000,000
State Aid Advancement
12
Street Reconstruction Fund 2,275,000 *
Utility Trunk Fund 525,000 *
Total Revenue
10
8
6
4
2
0
00 & 00 0A
LO 10 y0 10
0000 y0 yti yL yi y y y N\ 'yob 1y 100 CL' CL' ,L3 nti
10 ti0 ,10 .10 .10 If, If, .10 .10 If, .10 .LO ,LO .10 _p ,LO -0 .10
Revenue —Capital Expenditures —Cash Balance
Historically, the funding from the annual levy for street reconstruction has been increased by 3%.
The projection includes an increase to 4% beginning in 2016 to maintain a positive cash balance
through 2025.
Project expenses follow the existing Capital Improvement Program through 2018 at which time
all capital project expenses are increased at three percent annually. All interest earnings are
projected using a 1% interest rate on existing cash balances.
Under the existing projections, the annual expenses are slightly higher than the annual revenues
causing a small reduction of the cash balances each year. The chart illustrates that the long range
projection of cash will continually decrease to a reserve amount of $1.7 million in 2025. This
projection does not include any revenue that would be generated from the implementation of
franchise fees.
Without more significant increases in the annual levy or some other source of revenue, the cash
balance in the street reconstruction fund will be depleted by 2029.
3. PROJECT FINANCING BY PROJECT:
Peony Lane 2014
Expenditures Total
Planning/Design 300,000
Land Acquisition 2,000,000
Construction/Maintenance 10,500,000
Total Expenditures 12,800,000
Revenues Total
Municipal State Aid Fund 6,000,000
State Aid Advancement 4,000,000
Street Reconstruction Fund 2,275,000 *
Utility Trunk Fund 525,000 *
Total Revenue 12,800,000
Revenue is from existing
cash sources, no bonding is
necessary for this project.
Page 2
The balance in the MSA fund is approximately $2.2 million. Our current available unexpended
allocation with the State is $4.4 million. Current MSA rules allow MSA cities to request
advancements of up to the lesser of $4 million dollars or five (5) times their annual allotment to
fund construction of state aid roadways. The advancement of $4 million would be repaid by the
City's future allocation of state aid funds. The City's current rate of allocation is approximately
2 million annually. The result is that Peony Lane project could be financed entirely with cash
and without the need to issue debt.
lVicksburg Lane = 2015/2016
Expenditures Total
Planning/Design $800,000
Land Acquisition $1,500,000
Construction/Maintenance $17,100,000
Total Expenditures $19,400,000
Revenues Total
G.O. Street Reconstruction Bonds 8,875,000
G.O. State Aid Bonds 8,525,000
Street Reconstruction Fund 2,000,000
Total Revenue 19,400,000
The funding for Vicksburg Lane relies primarily on the issuance of $17.4 million in debt. Two
types of debt will be utilized, G.O. State Aid Bonds for $8.5 million (repaid with state aid) and
G.O. Street Reconstruction Bonds for $8.9 million (repaid from property taxes or franchise fees).
As outlined earlier, staff is recommending that the Street Reconstruction Fund contribute $2
million to the Vicksburg Project.
For the State Aid Bonds, staff assumed a term of 10 years at 2.5% interest resulting in annual
payments of approximately $1.01 million. The State Aid construction annual allotment would be
used to pay the principal payments. Annual interest payments of approximately $200,000 are
required to be paid from the State Aid Maintenance allocation. The City receives approximately
650,000 for State Aid Maintenance and is received into the General Fund.
The same terms were used to calculate the Street Reconstruction Bonds for 10 years at 2.5%
interest resulting in annual payments of $1.05 million.
Please keep in mind that interest rates are estimates only. The market will determine interest rates
at the time of the bond sale.
4. FRANCHISE FEES OR PROPERTY TAX LEVY:
To summarize the funding needs above, the city would need to issue $8,875,000 in G.O. Street
Reconstruction Bonds; there are no existing funding sources to repay the estimated $1.05 million
annual principal and interest payments. In addition, the interest payments from the State Aid
bonds of approximately $200,000 would also need to be funded as this would be a loss to the
General Fund; this amount would decline over time to lessen the impact to the General Fund. The
two logical funding sources would be either an annual property tax levy or franchise fees or a
combination thereof.
Page 3
A property tax to generate the $1.25 million ($1,050,000 + $200,000) of funding would
necessitate a property tax increase of approximately 4.2 percent.
If franchise fees are implemented, a fee of $2.00 per household per month for both electric and
natural gas would generate the funds necessary to pay the annual debt. The fees would provide
a long term funding strategy for street projects that could supplement the existing Street
Reconstruction Fund and reduce future reliance on property taxes. There are currently no
provisions in the city's long term financial plans to fund the city's share of future transportation
related improvements such as county roads, bridges or traffic signals.
The following chart shows a proposed structure that would generate franchise fee revenue.
ELECTRIC FRANCHISE FEES
ESTIMATED
ANNUAL
CUSTOMER CLASS REVENUE
ESTIMATED
1,342,752
Commercial 717,756
Total
AVERAGE ANNUAL
MONTHLY FRANCHISE EQUIVALENT OF OF
CUSTOMER FEE MONTHLY TOTAL TOTAL
CUSTOMER CLASS COUNT REVENUES FLAT FEE CUSTOMERS FEE
Residential 30,362 728,688 2.00 91% 70%
Small C&I — Non -Demand' 1,760 63,360 3.00 5% 6%
Small C&I — Demand 1,080 129,600 10.00 3% 12%
Large C&I 254 121,920 40.00 1% 12%
Public Street Lighting 38 0 0.00 0% 0%
Municipal Pumping — Non -Demand 7 0 0.00 0% 0%
Municipal Pumping —Demand 15 0 1 $0.00 1 0% 10%
Total 33,516 1,043,568 1 1 100% 1100%
NATURAL GAS FRANCHISE FEES
ESTIMATED
ANNUAL
CUSTOMER CLASS REVENUE
ESTIMATED
1,342,752
Commercial 717,756
Total
AVERAGE ANNUAL
MONTHLY FRANCHISE EQUIVALENT OF OF
CUSTOMER FEE MONTHLY TOTAL TOTAL
CUSTOMER CLASS COUNT REVENUES FLAT FEE CUSTOMERS FEE
Residential 25,586 614,064 2.00 76% 59%
Firm A 1,021 36,756 3.00 3% 4%
Firm B 523 62,760 10.00 2% 6%
Firm C 549 263,520 40.00 2% 25%
Small Volume, Dual Fuel A 63 30,240 40.00 0% 3%
Small Volume, Dual Fuel B 17 8,160 40.00 0% 1%
Large Volume, Dual Fuel 1 3 1 $1,4401 40.00 1 0% 1 0%
Total 1 27,762 1 $1,016,940 1 1 83% 1 97%
TOTAL FRANCHISE FEES
ESTIMATED
ANNUAL
CUSTOMER CLASS REVENUE
Residential 1,342,752
Commercial 717,756
Total 2,060,508
One of the major advantages of implementing a franchise fee versus a tax levy would be that tax
exempt properties would also help contribute towards project costs.
Page 4
The Franchise Agreements with Xcel Energy, Wright Hennepin Electric and CenterPoint Energy
are currently in place and allow for implementation of a franchise fee under a Franchise Fee
Agreement with the utilities and adoption of a separate Franchise Fee Ordinance. Staff has
successfully negotiated Franchise Fee Agreements with CenterPoint Energy and Wright Hennepin
Electric. The Agreement with Xcel Energy is close to completion with only one outstanding
issue. Xcel Energy is the only utility of the three that opposes a provision in the Franchise Fee
Agreement that allows the city to continue charging for right-of-way (ROW) permits that the
utilities currently pay to the city. The city has averages $135,000 in annual ROW permit revenue.
Depending on the outcome of this issue, there may be a significant impact on future ROW permit
fees collected and deposited in the Street Reconstruction Fund. Xcel Energy cannot pass on their
right-of-way permit costs to users in the city. Those costs are distributed over their entire
customer base in the Midwest.
Several comparable area cities currently have franchise fees including:
City Type Year
Annual
Revenue
Monthly Fee per Utility
Small Large
Residential C/I C/I
Eden Prairie Electric & Gas 2012 2,000,000 2.50 3.00 45.00
Edina Electric & Gas 2012 1,100,000 1.45 2.90 40.00
Golden Valley Electric & Gas 2010 600,000 2.00 22.50 206.00
Hopkins Electric & Gas 2004 490,000 1.70 3.35 105.00
Minnetonka Electric only 2005 800,000 2.50 4.50 4.50
St. Louis Park Electric & Gas 2004 910,000 2.50 4.50 77.00
Average 2008 983,333 2.11 6.79 79.58
Plymouth Electric & Gas Proposed 2,060,508 2.00 3.00 40.00
The proposed financing package and the implementation of a franchise fee will allow the City to
meet the following goals:
Provides a balanced approach for project funding between cash and debt
Provides equity and fairness — all properties, including tax exempt, will contribute
Meets long term needs based on future projections
Maintains sufficient cash for current and future projects, both planned and unplanned
Provides a predictable source of funding for future street related projects
Provides funds for debt repayment or perhaps prepayment before maturity
Decreases future reliance on the street reconstruction levy
Ensures long term financial stability thereby strengthening the City's AAA bond ratings
Adopting a franchise fee of $2.00 per household per month per utility will be slightly less than the
average for comparable cities and the impact on commercial/industrial properties is proposed to
be substantially less.
5. RECOMMENDATION AND NEXT STEPS:
Staff recommends proceeding with the implementation of a franchise fee and preparing franchise
agreements and fee schedules for Council approval.
6. ATTACHMENTS:
Ehlers Memo — Street Reconstruction Bond Summary
Comparable Cities Franchise Fee Summary
Page 5
Debt Issuance Services
Street Reconstruction Bonds
Minnesota Statutes, Section 475.58, Subdivision 3b grants municipalities the authority to issue bonds
without regard to election requirements under street reconstruction programs for financing utility
replacement and relocation and other activities incidental to the street reconstruction, turn lanes and other
improvements having a substantial public safety function, realignments, other modifications to intersect with
state and county roads, and the local share of state and county road projects without having to specially
assess at least 20% of the project costs. Except in the case of turn lanes, safety improvements, realignments,
intersection modifications, and local share of state and county road projects, street reconstruction does not
include the portion of project cost allocable to widening a street or adding curbs and gutters where none
previously existed.
Conditions on the authority include approval of the issuance by unanimous council vote, is part of the street
reconstruction plan, public notice is provided, reverse referendum, and is subject to the municipalities net
debt limit, even if they would be exempt under another law.
The law authorizes issuance of obligations without an election for reconstruction of streets, if the bonds are
issued under a 5 -year street reconstruction plan. To qualify for the referendum exemption, the following
qualifications must be met:
The governing body must approve the street reconstruction plan unanimously after a public hearing.
The notice must be published in the official newspaper at least 10 days but not more than 28 days
prior to the hearing. The plan must include the following:
o The streets to be reconstructed
o The estimated costs
o Any planned reconstruction of other streets in the municipality over the next five years
Approval of the bond of the bond issuance must be made by a unanimous vote of the governing body
membership present.
Issuance of the bonds is subject to referendum approval, if a petition signed by voters equal to 5% of
the voters in the last general election is filed with the municipal clerk within 30 days of the public
hearing (if a vote is taken and the referendum passes, the taxes would be levied on market value
rather than tax capacity).
Because the bonds are subject to the legal debt limit, even if they would be exempt under another law (e.g.,
because they were payable from special assessments), we recommend that municipalities consult their
independent public financial advisor for a complete net debt analysis before issuing this type of debt.
EHLERS
LEADERS IN PUBLIC FINANCE
w vw.ehlers-inc.com
Minnesota phone 651-697-8500 3060 Centre Pointe Drive
Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122
toll free 800-552-1171
Page 6
Franchise Fees
Minnesota law authorizes municipalities to impose franchise fees for utilities that use the public
right-of-way or other public property. The fees may be collected to defray the costs to the city of
the utility company's use of the right-of-way or may be used for general revenue purposes. Fees
are then charged to all utility customers regardless ofthe type or use of property. Churches,
schools and other tax exempt properties would pay franchise fees. The franchise fees are billed
by the provider directly to the customer and itemized on their bill as a city fee. The utility then
collects the fees and passes the revenue on to the city.
For simplicity and funding stability, most cities have a flat fee per meter but others charge a fee
based on a percentage of the total bill. Funds may be designated for a specific purpose or can be
used as a general revenue.
City of Minnetonka — In 2005, adopted electric franchise fee only. In 2007, fee was increased
to $2.50 per month per residential connection. Annual revenue of $800,000 dedicated to burial
of overhead utility lines and above ground decorative lighting.
City of St. Louis Park — Currently has both electric and gas franchise fees and charges $2 each
per month per residential connection. Annual revenue of $910,000 is dedicated to street
rehabilitation (Pavement Management Fund).
City of Eden Prairie — Adopted franchise fees for gas and electric in June of 2012 at $2.50 each
per month per residential connection. Annual revenue of $2 million will be used for long term
street maintenance.
City of Edina — On August 6, 2012, the Council unanimously approved the first reading of the
ordinance implementing gas and electric franchise fees at $1.45 each or a total of $2.90 per
month per residential connection. If adopted, the annual revenue is estimated at $1.1 million will
be used to fund new improvements such as sidewalks, trails and non -motorized transportation
projects.
City of Golden Valley — Implemented electric franchise fee at $2 per month per residential
connection in 2010. Annual revenue of $600,000 dedicated for Douglas Drive improvements
undergrounding). On January 2, 2013, the city adopted gas franchise fee of $2 per month per
residential connection. This will add approximately $447,000 in additional annual fees.
City of Hopkins — Electric and gas franchise fees at $1.70 per month each per residential
connection. Annual revenue of $490,000 used to offset the loss in state aid programs.
City of Plymouth — Currently no franchise fees. If monthly fees were adopted at $2 per utility
per residential connection, it would generate an estimated $2.06 million annually.
All of the cities included above have higher rates for commercial users based on the type of user
such as:
1) small commercial with non -demand
2) small commercial/industrial with demand
3) large commercial/industrial user
Page 7
ribPlymouth
Adding Quality to Life
Franchise Fees
October 8, 2013
ChallengesPl City of
Y
Fund Existing Street Projects
Pay for Debt Obligations
Pay for Current and Future Infrastructure
Needs
Find Alternative Revenue Sources
decrease Reliance on Property Taxes
10/8/2013
1
Objectives PlCity& Y h
Aeng QLCfPtyto life
outline Franchise Fees
Discuss Advantages/Disadvantages
Review Fees and Use of Funds for Cities
that have Franchise Fees
Determine if Franchise Fees are a
Potential Fit and how they would be
applied in Plymouth
Utilities Eligible for Franchise Fees City ofrpPlymouth
Any Public Utility that Furnishes
AMngQxP'yto Life
Utility Services within the City
Usually Includes:
Electricity (Xcel and Wright Hennepin)
Natural Gas (CenterPoint)
Cable Television (5% Dedicated to
N WSCCC)
10j8/2013
FA
10/8/2013
What are Franchise Fees? rp Plymouth
sin} Qzfrty fuLige
Utility Companies Pay Cities for Use of
Public Rights -of -Way
Franchise Fees can be Calculated as a
Percentage of Each Utility's Revenue or a
per Connection Charge
Covered under MSA 21613.36 Municipal
Regulation and Taxing Powers
Franchise Agreements PICtyouth
Agreements Provide Terms for Utilities to
Operate in Public Right -of -Way
Agreements Usually Contain Provisions
for the City to Levy a Franchise Fee to
Recoup City Costs Incurred due to Utility
Operations
ROW Permits — as part of franchise
agreement fees are sometimes waived
Implementing Franchise Fees CayaPluth0
Am" Qualityto vie
Adopted by Ordinance
Fee Must be Applied Equally if City has
More than One Utility — Eliminates
Competitive Advantages
Standard Ordinance Adoption
Requirements Apply
Takes Effect after Publication and Written
Notice to Utilities
Advantages r Plymouth
Reliable and Steady Source of Revenue Not
Subject to Economic Conditions or State -
Mandated Levy Limits
Growth in Revenues Directly Proportional to
Growth in Population
New Residents Contribute Immediately—
Eliminates 1-2 Year Lag Between Receiving
Services and Paying Property Taxes
10f8{2013
4
10,18/2013
Advantages Plymouth
Tax Exempt Properties Contribute Their
Share — State, County, Churches, Schools
and Non -Profit Facilities
Maintain Stable Tax. Bate
Conform with what comparable
communities have implemented
Provides Opportunity to Balance Fees
between Payer Classes
Disadvantages rpCity of
Plymouth
May be Unpopular with Certain Property
or User Classes
Perceived as Another Form of Taxation
Fees Based on Connections Need to be
Adjusted Periodically for Inflationary
Factors
1(]/8/2013
Fee Structure Captions youth
amrnpQx1ity [v i;I
Can be Structured as Either a Flat Fee per
Meter or a Percentage of Gross Revenue
Flat Fee per Meter Provides More
Predictable Revenues and is Easier to
Understand and Administer
Utility Companies Prefer the Meter Fee
Pass through to Customer 1 Plymouthh
When Franchise Fees are Levied on the
Utility Provider, the Fee is Passed on
Directly to Customer
Fee Shows up on Utility Bill
Itemized as City Fee
Fee is Not Tax Deductible for the
Customer
10/8/2013
How can Revenue be Used rp Plymouth
Wns %dity to vie
Can be Used for Any Purpose
Many Cities Determine Nexus between
Fees and Utility Companies and Dedicate
Fees to Street Related Projects
ImplementationCity ofrpPlymouth
dd,.n Qdf v toi fr
Communication on the Structure and
Purpose to Local Residents and
Businesses is Important (Newsletters,
Press Releases, Website)
Utility Companies Implement the Fee
within 00 days of Receipt of Enacting
Ordinance
10,18/2013
Implementation" PI CmouthY
AcbqQwlfty [a Ofe
Utility Companies Remit Payment to City
within 30 days after End of Each Quarter
May Exempt City Accounts
May have Sunset Clause
City of Plymouth 1"
h
Plymouth
Aging WOtoWe
Approximately 33,500 Electric
Connections and 28,000 Gas Connections
2/Month per Residential Connection
per Utility Would Generate an Estimated
1 Million for Each for Gas and Electric)
Total of $2 Million Annually
City of Plymouthrp City°f
Plymouth
Addng Q-fity toOle
Dedicated for:
Major Street Improvements?
City Share of County Road Projects?
Interchange Improvements?
Widening of Bridges?
Traffic Signals?
Other?
rpcity of
Plymouth
Adding Qxky toLife
Questions?
10/8/2013
9
1 ,». .. I
i it ?' .
City of
Plymouth
Iridin, Qphty da Life
To: Mayor and City Council
SPECIAL
COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk
October 8, 2013
Item: Set Future Study Sessions
1. ACTION REQUESTED:
Below are two items for action by the Council:
Agenda 2BNumber:
1. Reschedule the November 5 Budget Study Session date to another date or start this meeting at
8:00 p.m. due to this being an election day for the Wayzata, Hopkins, and Osseo School
Districts. Under Minnesota Election Law, the City is prohibited from conducting meetings
between 6:00 p.m. and 8:00 p.m. on election days.
2. Schedule board and commission interviews. The deadline for applications is November 8.
Attached is a board/commission spreadsheet for your review.
Lastly, review the list of topics below and set meetings as desired. Calendars are attached to assist
with scheduling.
PENDING STUDY SESSION TOPICS
at least 3 Council members have approved the following study items on the list)
OTHER REQUESTS FOR STUDY SESSION TOPICS
Crosswalk signing and marking (KS)
Update with City Manager - winter
Page 1
City of
Plymouth
Adding Quality to Life
October 2013
Modified on 09/30/13
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t Quarterly Update ith City Manager
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City of
Plymouth
Adding Quality to Life
November 2013
Modified on 09/30/13
Page 3
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City of
Plymouth
Adding Quality to Life
December 2013
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r Plymouth
Adding Quality t0 Life
January 2014
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