HomeMy WebLinkAboutagenda.council.special.20241209AGENDA
CITY COUNCIL SPECIAL MEETING
December 9, 2024
4:00 PM, City Council Chambers
I.Call to Order
II.Roll Call
III.Public Comment
IV.Council Discussion and Board and Commission Updates
V.Action Items
III.A.Resolution #128, Series of 2024 - Annual Mill Levy Adoption
III.B.Considerations for Council in Recruitment and Selection of New City Attorney
VI.Executive Session
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Memo 2024 Mill Levy Resolution 128 Series 2024.docx
2024 Mill Levy Resolution 128 Series 2024.docx
City Attorney Recruitment and Selection Council Memo FINAL .docx
Pursuant to C.R.S. Section 24-6-402 (4)(e) Determining positions relative to matters
that may be subject to negotiations; developing strategy for negotiations; and
instructing negotiators and (4)(f) Personnel.
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VII.Adjourn
The specific item of discussion involves the following:
Interview of and instructions to negotiators regarding Municipal Judge Candidates.
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MEMORANDUM
TO:City Council
FROM:Matt Grau, Budget Manager
THROUGH:Sara Ott, City Manager and Pete Strecker, Finance Director
MEMO DATE:December 2, 2024
MEETING DATE:December 9, 2024
RE:Adoption of the 2024 Mill Levies, Resolution #128 (Series 2024)
Request of Council: This memo outlines information for City Council to consider when adopting
the general purpose and Stormwater property tax mill levies for 2024. Adoption of the proposed
mill levy resolution is annually required to be submitted to Pitkin County no later than December
15 pursuant to State Statute.
Previous Actions: City Council adopted the fiscal year 2025 budget on November 12, 2024,
which includes revenue assumptions regarding property tax revenue for the General Fund, Asset
Management Plan Fund and Stormwater Fund. These estimates were based on preliminary
figures on assessed valuations from the County Assessor received in August 2024.
Summary and Background:The General Fund and Asset Management Plan mill levy is, by
law, subject to the TABOR restrictions. TABOR provides that the amount of revenue from
property taxes cannot grow by more than the amount attributable to inflation plus new
construction – this formula is intended to mitigate excessive fluctuation in total property tax
revenue that could otherwise result from assessed valuations rising or falling. As assessed
valuations rose in prior years, the City reduced its tax yield to the TABOR limits by implementing
a temporary mill levy credit.
Unlike the general purpose mill levy, the separate Stormwater mill levy is not required to curb
revenue receipts under TABOR as voters authorized this tax to be decoupled from TABOR
limitation when it was adopted. As such, Council has directed staff to assess the full 0.650 mills,
to provide the maximum revenue from this tax source as stormwater infrastructure needs
remain substantial and underfunded.
For 2024, the general purpose mill levy is calculated at 3.432 mills, or 1.978 mills below the
maximum 5.410 mills. For the stormwater mill levy, the maximum levy of 0.650 mills will be
enforced for 2025. The expected collections from the above mill levies equate to roughly $12.0
million and are closely mirrored by the values assumed in the 2025 Budget.
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2024 Tax Rate
2024
Temporary
Credit
2024 Mill
Levy Rate
General Property Tax 5.410 1.978 3.432
Stormwater Fund 0.650 0.000 0.650
Total 6.060 1.978 4.082
2024 Assessed
Valuation
Updated Mill
Levy Rate
2025
Property Tax
General Fund $2,930,335,720 1.716 $5,028,456
Asset Management Fund $2,930,335,720 1.716 $5,028,456
Total General Mill Levy 3.432 $10,056,912
Total Stormwater Mill Levy $2,930,335,720 0.650 $1,904,718
Refund/Abatements $2,930,335,720 0.029 $84,980
Total 2025 Property Tax 4.111 $12,046,610
Recommendations:Staff recommend approval of the resolution adopting the 2024 mill levies.
City Manager Comments:
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RESOLUTION NO. 128
(SERIES OF 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO SETTING THE 2024 MUNICIPAL MILL LEVY RATES AND
CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR
PITKIN COUNTY.
WHEREAS,the City Manager, designated by Charter to prepare the budget, has
prepared and submitted to the Mayor and City Council the Annual Budget for the City of
Aspen, Colorado for the fiscal year beginning January 1, 2025 and ending December 31,
2025; and
WHEREAS,the net assessed valuation of the taxable property for the year 2024
in the City of Aspen returned by the County Assessor of Pitkin County was certified on
December 2, 2024, is the sum of $2,930,335,720; and
WHEREAS, the net assessed valuation of taxable property in Aspen decreased
approximately 0.9% between 2023 and 2024 assessment years; and
WHEREAS, under section 9.9 of its Home Rule Charter, the City of Aspen shall
constitute a levy of the property taxes incorporated into its adopted budget; and
WHEREAS, a general purpose mill levy has been established at an amount not to
exceed 5.410 mills, and is calculated to produce gross ad valorem tax proceeds in the
amount of $15,853,116 for collection year 2025; based upon the assessed valuation as
determined by the County Assessor, and
WHEREAS, a temporary reduction in general property tax collections is desired
by the City Council in order to reduce the tax burden on owners of taxable property within
the City of Aspen while preserving the City’s ability to increase property taxes to levels
previously authorized by City of Aspen voters as described above, and
WHEREAS, C.R.S. section 39-1-111.5 authorizes a local government to certify a
refund in the form of a temporary property tax credit or a temporary mill levy rate
reduction, provided that the certification includes the gross mill levy, the temporary
property tax credit or temporary mill levy rate reduction expressed in mill levy equivalents,
and the net mill levy and under C.R.S. section 39-1-111.5(4), the Assessor shall, concurrent
with delivery of tax warrants to the Treasurer, itemize duly certified temporary property
tax credits or temporary mill levy rate reductions in the manner set forth in C.R.S. section
39-1-111.5(2), and under C.R.S. section 39-1-111.5(5) the tax statements shall indicate by
footnote which local government mill levies reflect a temporary property tax credit or
temporary mill levy rate reduction for the purpose of effecting a refund; and
WHEREAS, voter approval on November 6, 2007 established the separate City’s
Stormwater Fund mill levy rate at an amount not to exceed 0.650 mils upon each dollar of
assessed valuation on all taxable property within the City annually with no date of
expiration, permitting collection of property tax revenues in excess of the mill levy
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limitation provided in Article X, Section 20 or the Colorado Constitution for property tax
collection in all future years beginning in 2008; and
WHEREAS, said mill levy rate is calculated to produce gross ad valorem tax proceeds in
the amount of $1,904,718 for collection year 2025; based upon the net assessed valuation
of the City of Aspen as determined by the County Assessor.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF ASPEN, Colorado hereby approves and adopts the following:
SECTION 1
For the purpose of balancing the 2025 budget, and providing a reasonable closing
fund balance for said fiscal year, levies the following taxes upon each dollar of the total
valuation for assessment of all taxable property within the City of Aspen for the year 2024;
that a temporary mill levy rate reduction is authorized; and that the individual mill levies
are expressed in terms of the gross mill levy, the temporary mill levy rate reduction shown
in mill levy equivalents, and the net mill levy as shown below, which includes a temporary
credit of 1.978 mills for the General Purpose mill levy:
2024 Tax Rate
2024
Temporary
Credit
2024 Mill
Levy Rate
General Property Tax 5.410 1.978 3.432
Stormwater Fund 0.650 0.000 0.650
Total 6.060 1.978 4.082
2024 Assessed
Valuation
Updated Mill
Levy Rate
2025
Property Tax
General Fund $2,930,335,720 1.716 $5,028,456
Asset Management Fund $2,930,335,720 1.716 $5,028,456
Total General Mill Levy 3.432 $10,056,912
Total Stormwater Mill Levy $2,930,335,720 0.650 $1,904,718
Refund/Abatements $2,930,335,720 0.029 $84,980
Total 2025 Property Tax 4.111 $12,046,610
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SECTION 2
The City is hereby directed to certify and deliver this Resolution to the Board of
County Commissioners for Pitkin County on or before December 15, 2024.
ADOPTED THIS 9th day of December 2024,
________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado,
do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by
the City Council at its meeting held on December 9, 2024, which Resolution was adopted
subsequent to public hearings on the City of Aspen’s 2025 Municipal Budget and prior to
the final day established by law for the certification of the tax levy to Pitkin County, all
was required by the Sections 9.8 and 9.9 of the Aspen Home Rule Charter.
_______________________
Nicole Henning, City Clerk
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MEMORANDUM
TO:Mayor and City Council
FROM:Alissa Farrell, Administrative Services Director
THROUGH:Diane Foster, Assistant City Manager
Sara Ott, City Manager
MEMO DATE:December 3, 2024
MEETING DATE: December 9, 2024
SUBJECT: Considerations for Council in the Recruitment and Selection of a New
City Attorney
_____________________________________________________________________
REQUEST OF COUNCIL:
Staff requests City Council direction on whether to provide administrative support for the
recruitment and selection process for a new City Attorney. Staff also request clarity on
the recruitment and selection process type, for example, if this process is an internal and
external hiring process or internal only.
SUMMARY AND BACKGROUND:
On December 3, 2025, James R. True, City Attorney, announced his retirement from his
current position effective February 21, 2025, following 17 years of dedicated public
service with the city of Aspen (Attachment A).
As per Article VI of the City Charter under City Administration, Section 7.1 – City
Attorney (Attachment B), it is Council’s decision in the appointment of a new city
attorney. Furthermore, Section 7.1 stipulates that the city attorney must be an attorney-
at-law admitted to practice in Colorado. The ordinance also states that the "city attorney
shall be the legal representative of the City and shall advise the Council and city officials
on matters related to their official powers and duties, and perform other duties as
prescribed by the council through ordinance or resolution."
To assist the Council in recruiting and selecting a new city attorney, staff request
clarification on the level of support needed for the forthcoming steps outlined below.
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DISCUSSION:
There is no definitive process set forth in the Charter or Municipal Code for the selection
of a City Attorney. The selection is within the discretion of Council.
In-house city attorney recruitment may follow the standard human resources process
with specific considerations in mind for the attorney process and Council’s desired role.
The details below relate to the recruitment and selection process for an in-house city
attorney position. Although the city has had in-house counsel for approximately fifty
years, many communities engage a contract legal firm. Should Council wish to consider
engaging a contracted legal firm, further information regarding the process can be
provided. Otherwise, it is assumed that Counsel will maintain in-house legal
representation.
Steps in the Selection Process of an In-House City Attorney
The following explains the steps that are applicable to the recruitment and selection of
an in-house city attorney. Each step includes an approximate estimate of the time
required.
Overall, the minimum time required to fill the city attorney position through an internal
posting is approximately six weeks, while the minimum time required through an
external process is around fourteen weeks.
Step 1: Evaluate an Internal Job Posting vs. an External Job Posting
Time Required for Internal Job Posting (posting only): up to three (3) weeks, pending
holidays.
Time Required for Internal & External Job Posting (posting only): up to (6) six weeks,
pending holidays. External posting may be limited in geographical scope if requested by
Council.
Step 2: Define Position, Develop Job Description, and Establish Recruitment
Schedule and Process
For both internal and external postings, if Council so chooses, staff may draft and
prepare the following for Council's consideration:
Review Charter language and direct staff to draft a city attorney job description to
ensure the job accurately reflects the city’s expectations, skills, minimum
qualifications, and job requirements.
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Review the pay range and salary information for the city attorney position.
Review salary survey data that staff can provide related to competitive benefits
and compensation data for similar city attorney positions. This is consistent with
the charter language, which states, “Council shall establish compensation for the
city attorney, his assistants, and special counsel.”
Review options provided by staff to include job postings and advertisement
locations (external only).
Review proposed recruitment and selection schedule.
Step 3: Narrowing/Screening of the Applicants
Time Required: typically, two (2) to four (4) weeks, pending the number of candidates.
For an internal posting versus an external posting, this time would be significantly
shorter.
Council may choose to review all or some applicant responses. At a minimum,
standard practice is for staff to review materials for completeness upon submission and
provide the City Council with a listing of complete and incomplete responses.
Narrowing of the candidates would begin following the closing date of the job
announcement.
Occasionally, a hiring process may include a writing sample, assignment, or essay
response relative to the job. This is intended to further narrow the applicant pool. From
these responses, a smaller number are then selected for phone or a similar screening
process by Council. Semi-finalists or finalists are then determined for on-site interviews
to be held by the Council.
Step 4: Deliberations, Selection and Negotiation
When Council selects their preferred candidate, several decisions need to be evaluated
as part of the process. Details that may need to be discussed by the Council before
being offered to the applicant include salary, potential relocation expenses for an
external recruitment process, contract negotiations, etc.
Step 5: New City Attorney Begins Employment
Upon the selection of a new city attorney, Council may wish to discuss and clarify
expectations, review goals and objectives, and address current work priorities within the
new hire’s first 90 days.
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FINANCIAL IMPACTS:
The total compensation package may exceed the current appropriations, pending total
compensation negotiations and the final contract value. Staff will bring forward any
necessary appropriation considerations when direction is clearer.
Additionally, external advertising expenses typically cost around $2,000-$3,000. If
Council decides to hire a recruitment firm, bids will be brought forward with additional
costs.
ENVIRONMENTAL IMPACTS:
There are no significant environmental impacts from the selection of a city attorney.
ALTERNATIVES:
City Council may opt to engage a recruitment firm to handle the administrative
recruitment activities rather than relying on staff support. Alternatively, Council may
decide to conduct this process independently without the assistance of staff.
RECOMMENDATIONS:
Staff seeks clarity on the specifications of the recruitment and selection process,
including the level of assistance the Council would like to receive, and the type of
recruitment process the Council would like to conduct.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A: James R. True Retirement Letter
B: Section 7.1 of Aspen City Charter
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Attachment A:
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Attachment B
Excerpt from the Charter of the City of Aspen, Colorado
Section 7.1. - City attorney.
The council shall appoint a city attorney to serve at the pleasure of council. He shall be
an attorney-at-law admitted to practice in Colorado. The city attorney shall be the legal
representative of the City and he shall advise the council and city officials in matters
relating to their official powers and duties and perform such other duties as council may
prescribe by ordinance or resolution. The council may provide the city attorney such
assistants as council may deem necessary, and may on its own motion or upon request
of the city attorney in special cases employ special counsel to serve under the direction
of the city attorney. Council shall establish compensation for the city attorney, his
assistants and special counsel.
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