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HomeMy WebLinkAboutminutes.council.20190114Regular Meeting Aspen City Council January 14, 2019 1 SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2 CITIZEN COMMENTS ............................................................................................................................... 2 CITY COUNCIL COMMENTS ................................................................................................................... 2 BOARD REPORTS ...................................................................................................................................... 2 CONSENT CALENDAR ............................................................................................................................. 2 Resolution #1, Series of 2019 – Designating the Public Place for the Posting of Notices of Public Meetings ........................................................................................................................................................ 3 Resolution #7 and #8, Series of 2019 – Re- appointment of Brooke Peterson and Ted Gardenswarts – Administrative Hearing Officers ................................................................................................................... 3 Resolution #9 and #10, Series of 2019 – Appointment of Pete Strecker and Sara Ott to Burlingame Housing Inc. Board of Directors ................................................................................................................... 3 Resolution #3, Series of 2019 – Reconstruction of existing golf bunkers ............................................ 3 Resolution #4, Series of 2019 – 2018 Growth Management Allotment Carry Forward Review ......... 3 Minutes – December 10, 2018 and January 7, 2019 ............................................................................. 3 ORDINANCE #3 SERIES OF 2019 – Refinancing Existing Castle Creek Energy Center Debt to Achieve Rate Savings and a Shorter Remaining Duration .......................................................................................... 3 ACTION ITEM – Short term City work priorities discussion ...................................................................... 4 Regular Meeting Aspen City Council January 14, 2019 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Hauenstein, Myrin, Frisch and Mullins present. SCHEDULED PUBLIC APPEARANCES Swear in new Police Officer – Audrey Radlinsky. Kirk Wheatly, APD, said it is an honor to introduce Audrey. She grew up in Michigan and is the oldest of four. She moved here 8 years ago and started with the APD three years ago as a community response officer. She was promoted to patrol and went through the CMC academy. She hit the road last week for patrol. She is very motivated and a great asset to the department. Audrey said she is honored to serve the city and the citizens. She is enthusiastic and grateful. Mayor Skadron swore in Audrey. CITIZEN COMMENTS 1. Lee Mulcahy again asked council for a public hearing. CITY COUNCIL COMMENTS Councilwoman Mullins gave thanks to everyone who put on Winterskol. The sculptures were fabulous. Bauhaus kicked off last week too. She attended a housing and stability summit. She lives on Hyman across from the ice rink. I’ve been asked to see if the snow plow can pile up the snow some time other than 3 in the morning. It is really loud. Councilman Myrin said regarding the executive session last Monday. It was my mistake to not push for a meeting sooner than a week outlining the city manager transition plan. I apologize for leaving everyone hanging for a week. Tonight, I want to establish a process for naming an interim city manager and limit the role for the current city manager in regard to hiring and personnel and map a process to put a new city manager in place. It is a long overdue process to start anew with the culture of the city manager. Regarding allowing the current city manager to stay in his home for an additional 6 months and receive health coverage for 6 months, I’m following the golden rule on this. Councilman Hauenstein welcomed everyone that is here for gay ski week. The interest expressed at the Bauhaus meeting was phenomenal. It was a great kick off to a year long process. He also attended the homelessness meeting. It was well attended by valley people in an attempt to try to unite our efforts. Councilman Frisch gave a hats off to ACRA and Winterskol. Thanks to the Mayor for hosting some of the Sister Cities kids. It was a great trip. Keep up the good work Jim True. Mayor Skadron gave thanks to the Winterskol team. Congrats to Lissa and the Bauhaus team. Welcome gay ski week. BOARD REPORTS Councilman Frisch said for Nordic the snow is skiing great. No fare. Lots of great skiing. Mayor Skadron said RFTA approved a resolution for posting notices. There are also two new members, The Mayor of New Castle is the chair and the Mayor of Snowmass is the vice chair. CONSENT CALENDAR Reso #4 – Growth Management carry forward Councilman Myrin said last year the memo mentioned nothing was carried forward. Can we do same this year. Phillip Supino, community development, replied that is the recommendation. Regular Meeting Aspen City Council January 14, 2019 3 Councilwoman Mullins said she supports the recommendation. She asked for a deeper look at what is still in the pipeline or close to coming up. Councilman Frisch said he is fully supportive. Reso #9 – BHI board appointments Councilwoman Mullins asked why there is not a council member on this board. Linda Manning, city clerk, replied there has never been a council person. Councilwoman Mullins said she wants to make sure we are proactive if it needs to be a council member. • Resolution #1, Series of 2019 – Designating the Public Place for the Posting of Notices of Public Meetings • Resolution #7 and #8, Series of 2019 – Re- appointment of Brooke Peterson and Ted Gardenswartz – Administrative Hearing Officers • Resolution #9 and #10, Series of 2019 – Appointment of Pete Strecker and Sara Ott to Burlingame Housing Inc. Board of Directors • Resolution #3, Series of 2019 – Reconstruction of existing golf bunkers • Resolution #4, Series of 2019 – 2018 Growth Management Allotment Carry Forward Review • Minutes – December 10, 2018 and January 7, 2019 Councilman Frisch moved to adopt the consent calendar; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #3 SERIES OF 2019 – Refinancing Existing Castle Creek Energy Center Debt to Achieve Rate Savings and a Shorter Remaining Duration Pete Strecker, finance, said this will refinance 2 million in outstanding debt that was issued in 2008. It has an interest rate of 3.85 to 4.75 depending on the bond. We can refinance to 2.9 at a fixed rate for the next 7 years. It will have a savings of 113,000 dollars. Mayor Skadron said it is purely a cost savings. Mr. Strecker replied correct. Councilman Myrin asked has council ever objected to these refinancings where we save money. Mr. Strecker replied he didn’t think so. Councilman Hauenstein said these were bought down previously. Mr. Strecker replied yes. That saved roughly $380,000 in December. With this the total will save around 500,000 dollars. We are retiring the bonds and taking out a loan with a private placement bank. Councilwoman Mullins moved to read Ordinance #3, Series of 2019; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 3 (SERIES OF 2019) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO, OF ITS GENERAL OBLIGATION ELECTRIC UTILITY REFUNDING LOAN, SERIES 2019; AND APPROVING A LOAN AGREEMENT AND CERTAIN OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING OTHER MATTERS RELATING THERETO. Councilman Frisch moved to adopt Ordinance #3, Series of 2019 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Hauenstein, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Regular Meeting Aspen City Council January 14, 2019 4 ACTION ITEM – Short term City work priorities discussion Mayor Skadron said we are amidst a change of leadership and have to make sure the city functions. I want us to discuss what we believe our top three to five priorities are. In reality, we can’t do everything we ask staff to do for us. I desire now to give direction as to what the city’s priorities are. 1. Start the process to hire a firm to manage the hiring process for the city manager. 2. APCHA governance. 3. Ensure day to day operations are running. 4. Small cell 5G issue. 5. Continue with capital projects including the city hall project. These are in no particular order. Councilwoman Mullins said taking a step back for city hall and senior management. We need to develop a detailed transition plan and develop criteria of what we will be asking for a city manager. Rather than jumping into hiring a head hunter do some deep analysis as to what we are looking for. Secondly day to day priorities as to what is going on. APCHA should be up there and getting the database done. Lastly, after talking to Andrea today the 5G cell issue needs addressed much sooner than later. Councilman Hauenstein said level 1 should be appointing an interim city manager and establishing a process for hiring a new one. Formalizing the terms of Steve’s departure and agreement so it is memorialized. Second level is review of the call up procedures, 5G, APCHA governance, day to day operations and capital projects. Councilman Myrin said it would be great to have a list of current priorities as to what the city is working on. He is not sure why there isn’t a list constantly in progress. It is really difficult for me to provide guidance without knowing what the city is working on. Councilman Frisch said we were sent an open ended inquiry. It would be helpful to get some advice from staff as to what they can realistically tackle. I would love to see in priority what they want to work on. It took eight years to get an APCHA conversation going and we are dancing with the county. I would like to continue that discussion. There are two tracks that we can concurrently take. I would like to get a contract for an interim city manager then see what our options are. I think we should get going on that fairly soon knowing it will take some time. My number one disappointment in July was lack of outreach and communication and six month later it still is. This is not 100 percent on staff’s shoulders. Mayor Skadron said the process around hiring the city manager has two parts. What are we working on and the second question is who is getting us there. This speaks to appointing an interim city manager. We have basically two options. The first is to negotiate with Sara Ott, assistant city manager. If we have confidence with her I would ask, Jim, Steve and Alissa to help us going forward. The first order of business would be Steve’s separation agreement would get signed then Sara’s agreement would be signed. If council chooses not to appoint Sara, we would then ask staff to come back to council with a plan as to how to recruit an interim city manager. Councilman Hauenstein asked does Sara want to be interim city manager. Sara Ott, assistant city manager said it is important the community have a smooth transition and I am happy to help with that. Councilman Hauenstein said he has confidence Sara can fill that position. Councilman Frisch said Steve, you laid out a pretty good process. This is really in Alissa’s and Jim True’s hands. I’m supportive of whatever the team comes up with. It would be great to have Sara as an interim city manager. Councilwoman Mullins said she has great confidence in Sara. Can we do this simultaneously. Jim True, city attorney, said we do envision a simultaneous discussion process. What we would hope to do is bring the documents necessary as soon as we can. The goal is the 28th at the latest. Councilman Myrin said there is some value in trying to get some clarity in this before Tuesday so there is stability in both the community and government. What is the process. Mayor Skadron said each parties’ lawyers will work together to go through the interest of each party. Mr. True said we can get clarity tonight. Sara wants these discussions in an open meeting. There are terms we need to negotiate and get Regular Meeting Aspen City Council January 14, 2019 5 in writing. Getting the documents by Tuesday may be challenging. Councilman Myrin asked what terms would we discuss privately versus in public. Councilman Frisch said there is the Barwick package and the Ott package. What we’ve heard talked about with Mr. Barwick, is there anything that gives us pause. Now is the time to flush that out. We are a little less certain as to what may be in a Sara thing. Councilman Myrin said the big question becomes from with Steve I support the extra 6 months of housing and health insurance. Mr. True said you said an extra 6 months. Health care would be 6 months from his date of separation. Councilman Myrin said I’m suggesting 6 months beyond that so it aligns with his rate of pay. Mr. True said as I understood Steve’s request for the insurance, the city would be paying Cobra amounts. His request was 6 months of cobra payments, not a year. The agreement acknowledges the prior contract of 1 year salary and PTO payouts. The additional terms are the 1 year, additional 6 months of housing and the 6 moths of Cobra. The only relevant thing is the date of separation. Mr. Barwick said we left the date open ended. I think we will come up with a no later than date. I think we will leave it 3 weeks on either side. I’m thinking March 1st. Mr. True said does Sara step in to the interim position before March 1st. Mayor Skadron said the question is getting the interim in place. If we have confidence in Sara. Councilman Myrin said I have confidence in Sara. It is awkward being presented with one person and being asked if we have confidence in them. Councilman Hauenstein said she has been with us for a year and a half. If we are presented with someone from outside it would extend the time. Councilman Myrin said I was suggesting a deeper bench from inside. I support Sara. Mayor Skadron said council is expressing confidence in Sara serving as an interim. Ms. Ott said regarding the transition, Steve and I have committed that we will make this as smooth as we can. We need to put a hard date on this for this to work. She is asking to fill the other assistant city manager position as an interim position. We need to fill the CBO position by a specific date. We also need to fill the communications director position. Councilman Frisch said I appreciate you sharing those thoughts. I agree for some of these senior spots balancing the work that needs to be done and allowing the city manager to look for these top people. I’m pretty sure the positions you want to fill, I’ll support. I firmly believe one person should have the final say on a lot of issues and we need to have one boss. That date needs to happen sooner rather than later. Councilwoman Mullins said for an interim assistant city manager, I think you definitely need to have that. Are you thinking within the organization. Ms. Ott said I think we have talent within the organization. My leadership philosophy is really simple. It is give people work worth doing. I view the city manager’s job to be a facilitator. This is not my first time running an organization. Councilwoman Mullins said she supports filling the CBO. When is he leaving. Ms. Ott replied as CBO, March 1. He is staying on to do some updates to the building code. Councilwoman Mullins said I support the communications director as well. Mr. Barwick said on January 28th you do both documents. At that time, we will transfer all power to Sara and I will be here in an advisory role. Councilman Hauenstein said there are three processes, the Sara piece, the Barwick piece and the process piece. He would like to see the additional 6 months of housing and insurance contingent on Barwick actively seeking a new position. Mr. Barwick replied that he does not have a problem with that. Councilman Frisch said the next step is getting input on the work plan. Staff is looking for some clarity. We have to put together a job description on behalf of the community. Councilman Myrin said what Adam closed with is most important. We need to have that conversation as to what a successful profile is. Alissa Farrell, human resources, said we will be recommending an RFP process to develop a profile to move this forward. Regular Meeting Aspen City Council January 14, 2019 6 Councilman Frisch said normally Alissa would be moderating that conversation. One option is for you to moderate that for the five of us. Another option is to have other people involved. Ms. Farrell said that will be included. Councilman Hauenstein said it is our responsibility to make the hire. Mayor Skadron said it is very likely the final decision will be made by the new city council. No candidate is taking the job not knowing who is on the city council. Our responsibility is to get the process in place. Councilman Frisch said he is not worried about what will happen in March or April. We need to get a timeline in place and go from there. Councilman Hauenstein said it looks like a minimum four month process. After the election as people become Mayor elect or City Council person elect he suggested they become involved in the process as well. Councilman Myrin said until the 28th, the community raised some issues particularly around the chief building official hiring. Have the members changes. Mr. Barwick said I stepped off and Sara stepped on. Councilman Myrin said the more things like that that staff and we know the better. Mr. True said I drafted a proposed separation agreement that needs to be reviewed. At this point there would be a set end date, no later than March 1st. Either party could terminate it with 3 weeks notice before then. We are recognizing as soon as an interim city manager is in place I am using the term advisor to the interim city manager. Councilman Hauenstein said I don’t sense any areas of contention on this. Mr. True replied I don’t either. I think we are on the same page. Councilman Frisch moved to adjourn at 6:40 p.m.; seconded by Councilwoman Mullins. All in favor, motion carried. Linda Manning City Clerk