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120412completeagendaTNT CITY OF RICHFIELD, MINNESOTA SPECIAL CITY COUNCIL MEETING TUESDAY, DECEMBER 4, 2012 RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA Call to order Roll call 1. Truth in Taxation public hearing regarding 2013 property tax levy and 2012 revised/2013 proposed budget and proposed 2013 water, wastewater and storm sewer utility rates Staff Report No. 207 Notes: 2. Public hearing regarding reinitiation of street light user fee Staff Report No. 208 Notes: Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. AGENDA ITEM#: I REPORT#: 207 STAFF REPORT RICHFIELD CITY COUNCIL MEETING DECEMBER 4, 2012 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY f / MANAGER: ffirpir ITEM FOR COUNCIL CONSIDERATION: Conduct a truth in taxation public hearing regarding the 2013 property tax levy and 2012 Revised/2013 Proposed budget and proposed 2013 water, wastewater, and storm sewer utility rates. I. RECOMMENDED ACTION: Conduct and close the truth in taxation public hearing and by motion: schedule final action on the levy and budget items, utility rates, for the regular City Council meeting of December 11, 2012 II. BACKGROUND • At the September 11, 2012 City Council meeting the City Council adopted the 2013 preliminary property tax levy and announced December 4, 2012 at 7:00 p.m. as the date and time for the statutory truth in taxation public hearing. • Hennepin County has mailed the proposed 2013 property tax statements to property owners in Richfield, which are based upon the proposed levy and announce the date of the public hearing. III. BASIS OF RECOMMENDATION A. POLICY • The requirement to hold a special TNT public hearing and continuation hearing have been repealed. 12042012 TNT • Counties, cities over 500 population, school districts, and metropolitan special taxing districts are still required to hold a single meeting which the public is allowed to speak and the budget and levy is discussed. • This meeting may be part of a regularly scheduled meeting but must occur after 6:00 p.m. • Minnesota Statutes mandates that the truth in taxation public hearing must be conducted between November 25 and December 28, 2012. • The City has chosen to select a separate date, December 4, 2012 at 7:00 p.m., to conduct the TNT hearing. • The requirement to publish a notice of a Truth in Taxation hearing and proposed property tax levy is no longer required. B. CRITICAL TIMING ISSUES • Schedule the final adoption action for the 2012 Revised/2013 Budget and tax levy and utility rates for December 11, 2012. • The City must adopt their final payable 2013 property tax levies and their proposed 2013 budgets not later than December 28, 2012. C. FINANCIAL • N/A D. LEGAL • The City has scheduled December 4, 2012 for the TNT hearing and December 11, 2012 for the official adoption of the final levy and budget. • Final adoption of the payable 2013 property tax levies must be completed by December 28, 2012. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATIONS) • None with respect to conducting the public hearing, as it is mandated by state law. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA ITEM#: 2 REPORT#: 208 mwal STAFF REPORT RICHFIELD CITY COUNCIL MEETING DECEMBER 4, 2012 CHRIS LINK, REPORT PREPARED BY: OPERATIONS SUPERINTENDENT NAME,TITLE / DEPARTMENT DIRECTOR lEr REVIEW: • `44 / 1 REVIEWED BY CITY frilir MANAGER: p.! F ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the reinitiation of a Street Light User Fee. I. RECOMMENDED ACTION: By Motion: Conduct and close the public hearing regarding the reinitiation of a Street Light User Fee. II. BACKGROUND On September 22, 2009, the City Council established a Street Light User Fee to pay for the electric costs of operating the City's street lights. The resolution (Resolution No. 10292) establishing the fee included the following provisions: 1., The rates for the Street Light User Fee will be reviewed and established annually as part of the City's budget preparation process. 2. The collection of the Street Light User Fee will "sunset" in three years, December 31, 2012, unless council action is taken to reinitiate the fee. The use of a Street Light User Fee is part of a strategy to remove the funding of essential services like street lights from dependence on the State's Local Government Aid. Local Government Aid has proven to be undependable revenue. Yearly Revenue Currently the Street Light User Fee generates $269,154 a year in revenue. This amount is used to pay for Xcel Energy charges for the street lighting system which is shown in Budget Line Item 10610-6207. Below is a history of charges: Year Xcel Charges 2009 $276,595 2010 $265,947 2011 $298,414 2012 $299,320 (Revised) 2013 $299,320 (Proposed) *Please note the amount proposed for 2013 may be inaccurate. Recently Xcel Energy has been proposing a 10% increase in charges for 2013. Proposed Rates The current residential rate is $5.19/quarter which has remained unchanged since 2009. Below are proposed rates and how much they revenue they would generate. Proposed Revenue(s) Percent Rate Generated Increase $5.19 $269,154 0% $5.30 $274,858 2.1% $5.77 $299,320 11.2% Attached is a draft resolution reinitiating the Street Light User Fee to be considered at the December 11, 2012 Council Meeting. Staff is recommending a rate of$5.30. This change will also be part of the Proposed 2013 Budget. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota State Statues, Section 429.101: the governing body of a municipality may charge for certain current services provided by the municipality including the operation of a street lighting system. City Ordinance Section 825 is consistent with state statute. B. CRITICAL TIMING ISSUES • Cuts in State Aid have forced cities to pursue alternative funding sources to maintain current services. C. FINANCIAL • The present revenue generated from the existing user fee of $5.19/quarter is approximately $269,154. • The fee is being collected on the Utility bill as a separate line item. D. LEGAL • The City Attorney has reviewed this process. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATIONS) • None with respect to conducting the public hearing, as it is mandated by state law. V. ATTACHMENTS • Draft Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Expected DRAFT RESOLUTION NO. RESOLUTION ESTABLISHING A STREET LIGHT USER FEE TO BE CHARGED TO RESIDENTIAL AND COMMERCIAL PROPERTY IN THE CITY OF RICHFIELD FOR THE OPERATION OF A STREET LIGHTING SYSTEM. WHEREAS, the City of Richfield community values the operation of a street lighting system; and WHEREAS, every property in the City, residential and commercial, benefits from good streets which are well lighted and maintained through a city street light system; and WHEREAS, pursuant to Minnesota State Statues, Section 429.101 and Richfield City Code, Section 825, the governing body of a municipality may charge for certain current services provided by the municipality including the operation of a street lighting system. NOW, THEREFOR,E BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. Every property in the City of Richfield, residential and commercial, benefits from streets which are well lighted and maintained. 2. The initial Street Light User Fee for residential single family property is $5.30 per quarter for residential property. Rates for other land uses will be determined by the attached street Light User Fee Rate Factors Sheet. 3. The rates for the Street Light User Fee will be reviewed and established annually as part of the City's budget preparation process. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of December, 2012. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Street Light User Fee RATE FACTORS SHEET Fees are based on Land Use Land Use Titles: COM -All commercial properties, to include multifamily residents (apartments) and industrial parcels. RES -All residentially coded parcels. PUB -Public buildings, i.e. City Hall, City Garage, and Fire Stations CHURCH -All Churches also to include cemeteries and activity buildings associated • with a Church SCH -All schools, to include private and public schools. PRK -All parks owned by the City of Richfield, also to include Nature Centers and all "properties" located within city park parcels DPLX -Addresses that split a residential lot, to include townhomes, 3-plexs, and 4-plexs. LAND USE CODE MULTIPLIER To Bill FACTOR COM (acres>0.2) 5* (5 x ACREAGE) if acres50.2 ---- 1 RES ---- 1 PUB (acres>0.2) 5 (5 x ACREAGE) if acres 550.2 ---- 1 CHURCH•(acres>0.2) 1.25** (1.25 x ACREAGE) if acres 50.8 ---- 1 if acres 50.2 ---- 1 SCH (acres>0.2) 1.25 (1.25 x ACREAGE) if acres 50.8 ---- 1 if acres 50.2 ---- 1 PRK 1.25 (1.25 x ACREAGE) DPLX ---- 0.5 * The multiplier of"5" is based on the definition that a residential lot is 1/5 of an acre, hence multiplying acreage by 5 produces the equivalent number of residential lots. ** The multiplier of"1.25" " is based on the definition that a residential lot is 1/5 of an acre and multiplying acreage by 5 produces the equivalent number of residential lots. However, the total area of each parcel is not proportional to the number of street lights in an equivalent residential area so the factor of 5 is reduced by 75%, producing 1.25.