Loading...
HomeMy WebLinkAboutagenda.council.worksession.202105031 AGENDA CITY COUNCIL WORK SESSION May 3, 2021 4:00 PM, City Council Chambers 130 S Galena Street, Aspen WEBEX www.webex.com Enter Meeting Number 182 002 5187 Password provided 81611 Click "Join Meeting" OR Join by phone Call: 1-408-418-9388 Meeting number (access code): 182 002 5187# I.WORK SESSION I.A.Wheeler Opera House Construction Update I.B.WRETT Part 2 – Public Involvement Process Decisions 1 MEMORANDUM TO:Mayor and City Council FROM:Lisa Rigsby Peterson,Wheeler Opera House Executive Director Rob Schober, Asset Management THROUGH:Diane Foster, Assistant City Manager Scott Miller, Public Works Director MEMO DATE: April 29, 2021 MEETING DATE: May 03, 2021 RE:Wheeler Tenant Rent Abatement Request REQUEST OF COUNCIL:The two tenants of the Wheeler Opera House, Aspen Public House and Valley Fine Art are requesting to be relieved from paying rent for the duration of construction activities in the Mill Street right of way during the Wheeler Masonry Restoration project. The projected timeline for construction impacts in front of their businesses is removing the scaffolding in June 2021 and completion of work in the Hyman Ave right of way July 2021. SUMMARY AND BACKGROUND:In January 2021 Council agreed to rent relief for both tenants through May 2021 due to the anticipated impacts of the masonry project on the Wheeler Opera House. DISCUSSION: Staff, on behalf of the tenants, are requesting rent relief through the remainder of the project. The scaffolding along Mill Street in front of the businesses is scheduled to be removed after a building wash in June. Due to their size and weight, the largest stones being replaced on the building underneath the windows along Mill Street are scheduled to be placed using a lift once the scaffolding has come down throughout the month of July. This will complete the project impacts along the Mill Street right of way. FINANCIAL IMPACTS: If Council approves rent relief through July the impact to the Arts Grant Program would be $29,344.38 2 1 MEMORANDUM TO: City Council FROM: Diane Foster, Assistant City Manager THROUGH: Sara Ott, City Manager & Pete Strecker, Finance Director MEETING DATE: May 3, 2021 RE: Part 2: Future RETT Revenue Allocation Discussion – Initial Council Direction on Financial Modeling, Ballot Timing and Community Outreach REQUEST OF COUNCIL: This work session is part 2 of the Council’s discussion regarding possible future allocations of real estate transfer tax (RETT) revenues. In the work session, staff will present financial models utilizing the input Council provided during Part 1 discussions, then staff will engage with Council around the timing of a ballot, guiding principles for the project, and the community and stakeholder outreach process. Staff requests the Council’s feedback on several policy questions outlined throughout this memo. Specific questions for City Council are shown in blue. To aid the Council’s discussion, staff will present topics in the following order, taking time for discussion after each presentation. I. Financial Models – led by Pete Strecker II. Ballot Question Timing Considerations – led by Sara Ott III. Guiding Principles – led by Diane Foster IV. Community Engagement - led by Diane Foster V. Confirm Council Direction & Next Steps – led by Sara Ott SUMMARY AND BACKGROUND: The 0.5% real estate transfer tax was first adopted by voters in 1979 and was uniquely pledged as financial support for the Wheeler Opera House, plus an annual set aside of $100,000 for arts grants. Since this initial adoption, the tax has been reaffirmed by voters twice, as the tax has a periodic sunset provision every 20 years. To date, these renewals have been focused on extending the tax, and have not considered adjusting the allowable uses for the tax. The 2016 extension vote extended the RETT through December 31, 2039. The current arts grant program provides $400K of annual funding to service providers and institutions. $100K of this amount comes from RETT proceeds as noted in the initial and renewal ballot language (attached). The remaining $300K comes from earned revenue from Wheeler Opera House operations – activities such as leases to the gallery and restaurant, concessions, and net ticket sale proceeds. 3 2 At a Council work session on February 23, 2021 staff was directed to explore and present opportunities to expand the application of future tax collections for other community benefits. This direction reflects today’s reality that the dedicated Wheeler Opera House fund balance has grown to more than $32M and represent a level that is essentially five times the average annual expenditure authority. On April 20, 2021, City Council reviewed the typical annual subsidy, including capital expenditures, for supporting the Wheeler Opera House, and discussed the desire to change the financial policy for the Wheeler Opera House Fund to increase the targeted reserve level to approximately 200% ($7.6-$8.0M) of the operating subsidy. DISCUSSION: I. Financial Modeling Staff has completed models based upon the fund balance thresholds discussed by Council on April 20, 2021. The results of this modeling can be found in the attached slide deck. Staff plans to present historical collections of the 0.5% real estate transfer tax over the last decade; summarize the current 10-year planning horizon for the Wheeler Opera House; and discuss the various models’ impact to the Wheeler Opera House projected fund balance over time. After this presentation, staff requests the Council’s guidance on the following questions. Are there any financial models City Council would like to remove from consideration at this time or does City Council have a preferred model? What additional information does the Council need to determine what level of grants they would like to do in the future? Staff can return with more detailed/refined scenarios based on the model or models selected by City Council. Staff Recommendation: Staff is supportive of any of these models, as they all provide at least $8M in the fund balance as the targeted reserve. II. Ballot Question Timing City Council conversation is requested to identify which election is the likely target election for a ballot question. The upcoming opportunities are: Election Date Deadline for submitting ballot language to County November 2, 2021 Early September 2021 November 8, 2022 Early September 2022 March 7, 2023 (tentative) December 2022 Each election date has different considerations. Voter turnout is likely to be higher in November 2022 due to gubernatorial and congressional elections on the same 4 3 ballot. March 2023 is a City Council election date for two council seats and the mayor. The November 2021 election is likely to be very limited in issues – it may only be the RETT question. The longer time until a ballot question could allow more discussion among Council and the community about which community benefits are priorities. However, this may not be necessary with Council’s focus on guiding principles, financial modeling, and possible limitations early in the process. Additionally, these other funding priorities can benefit from the incremental increase in revenue streams sooner, that could be critical if funding is increased to non-profit partners. Also, the timing of the election will have different costs for the City. The operating cost for an election is likely around $15,000, but will depend upon the number of questions from different jurisdictions on the ballot. Below is an example timetable for the most aggressive timeline of November 2021. Timetable Apr May Jun Jul Aug Sept Oct Nov Define financial parameters Define community engagement process Implement community engagement process Feedback to City Council City Council determines ballot language Citizens vote Does the Council have a preferred election date for a RETT question? Staff Recommendation: Staff recommends targeting the November 2021 election to advance community benefits more quickly with the voter support. III. Guiding Principles and/or Guidelines For the purposes of scoping the community engagement process, it is important to communicate any underlying principles or other guidance the City Council may have. Are there principles or guidelines for this process that a majority of City Council supports? Do any of these principles or guidelines take priority over others? Examples below. The examples below are for discussion purposes and are not prioritized or necessarily recommended. Additionally, in some cases two examples of a possible guiding principle are provided. The Council can also modify these principles or develop its’ own principles. 5 4 1. Take a conservative approach to ensuring the Wheeler’s needs are supported 2. Continue to support Wheeler; plan for a reasonable amount of unanticipated needs 3. City-owned arts facilities should not compete for funding with community non-profits 4. Funding for individual non-profits will not be specified in the ballot language 5. All residents should have an equal opportunity to provide input to this process 6. Statistically valid feedback should be collected from Aspen’s full time residents 7. The City’s grant program should be utilized for distribution of any additional dollars designated for non-profit art organizations 8. Additional funding can be utilized for a broad range of community operating and capital needs – and funding allocation will be determined each year by City Council, with a recommendation of a Council-appointed committee, such as the revised grants steering committee: 9. Additional funding can be utilized for a broad range of community operating and capital needs to be identified on the ballot; 10. Increase the amount of arts and culture funding, and provide additional resources to other community needs. 11. Additional funding can be utilized for a broad range of community operating and capital needs. Possible areas could include: • Arts & Culture • Childcare • Housing • Health and Human Services • Stormwater Infrastructure • Transportation/Entrance to Aspen Next Steps • Electrification of City of Aspen fleet vehicles • Other environmental topics • Tourism • Cozy Point Infrastructure • Advance other initiative Further, individual councilmembers have expressed an interest increasing the RETT allocation to the City’s arts and culture grant program. Staff would benefit from a conversation about how the grant funding fits into the guiding principles, such as is it the first priority after the Wheeler’s needs and if the Council has any expectations around the arts grant funding. How does the funding of arts grants fit into the guiding principles? 6 5 Staff Recommendation: Staff is supportive of clear principles that guide staff and the community discussion around grants. IV. Community Outreach Process Staff recommends virtual community outreach due to the mobility of residents and ongoing COVID limitations. Two approaches have been identified to garner opinions on the community benefits that are most desirable from future RETT revenues. They are: 1. Propose open ended questions to the community through virtual open houses, an advisory group, and/or Aspen Community Voice to seek priorities for funding. Staff would return to Council with this feedback and seek direction on what to include or not include in the ballot question; or 2. Staff develop 3-4 possible ballot scenarios for the community and the City Council to review, amend, and narrow down to a preferred ballot question. Using this process, staff would present several ballot questions to the Council for initial review. After Council’s review, and possible direction to remove/amend certain options, staff would obtain community feedback through virtual open houses, stakeholder groups, and Aspen Community Voice. The results of this feedback would be presented to Council for further narrowing and decision-making. Regardless of the approach, staff will evaluate whether to recommend engaging a third party to complete statistically valid surveying to aid the Council through the process. Staff Recommendation: Either approach can work well, however, staff anticipates option #2 will create clarity more quickly within the community and City Council. Further, staff recommends that Council not entertain appeals from individual entities or advocacy groups for funding, and direct these conversations into the stakeholder conversations. Does the Council concur with the staff recommendation to draft possible ballot language options earlier in the process to share with the community and Council for discussion, amendment, and narrowing? Additionally, does the Council wish to establish any expectations for management of funding requests or advocacy for specific community benefits? Does the Council wish to designate a citizen task force to synthesize the community’s feedback or have staff complete this step? V. Next Steps Staff will confirm the Council’s direction, and establish the timing for the next Council update. 7 6 1979 Ballot Language "VOTE FOR OR AGAINST THE FOLLOWING" Shall the City of Aspen impose a Real Estate Transfer Tax on transfers of real property located within the City, which tax. shall be in the amount of one-half of one percent (1/2 of 1%) of the considerat ion received for the transfer and the proceeds of which tax will be used only for the purpose of renovation, reconstruction and maintenance of the Wheeler Opera House and for the purpose of supporting the visual and performing arts. 1. For 2. Against Note: The City Council was explicit during discussions with the community for placing this ballot question about $100K cap of RETT for arts grants. This cap has been maintained to be consistent with that promise from the 1979 discussions. 2016 Ballot Language 8 Real Estate Transfer Tax Expanded Use Discussion Diane Foster – Asst. City Manager Pete Strecker – Finance Director 9 Agenda for Today’s Discussion I.Financial Models – led by Pete Strecker II.Ballot Question Timing Considerations – led by Sara Ott III.Guiding Principles – led by Diane Foster IV.Community Engagement - led by Diane Foster V.Confirm Council Direction & Next Steps – led by Sara Ott 10 Review of Previous Meeting Unanimous Support in Conservative Position (Elevate 25% Reserve) Option 1: 100% of Annual Expenditures Option 2: Capital Set-Aside + 100% Annual Operating Subsidy Varying Models Requested Around “Speed” at Which Existing Wheeler Opera House Fund Balance is Applied Support for Check-In with Community No Later Than 6 to 8 Years 11 Historical 0.5% RETT Collections Year 0.5% RETT Collections 2010 $3,351,364 2011 $2,801,692 2012 $3,465,397 2013 $3,119,174 2014 $4,496,239 2015 $5,392,273 2016 $3,342,440 2017 $5,184,461 2018 $4,633,568 2019 $4,420,027 2020 $9,482,264 $50M Solely to Wheeler Last 11 Years •$4.5M Median Over Same Period 2020 Double “Average” Year Inventory Reduced / Sales Pending 12 Forward Looking View Inflows Year RETT Revenues Non-RETT Revenues Total Inflows 2021 $3,233,000 $1,756,730 $4,989,730 2022 $3,935,000 $1,903,970 $5,838,970 2023 $4,132,000 $2,093,170 $6,225,170 2024 $4,339,000 $2,300,130 $6,639,130 2025 $4,556,000 $2,349,460 $6,905,460 2026 $4,784,000 $2,373,280 $7,157,280 2027 $5,023,000 $2,427,960 $7,450,960 2028 $5,274,000 $2,160,980 $7,434,980 2029 $5,538,000 $2,217,740 $7,755,740 2030 $5,815,000 $2,273,320 $8,088,320 Estimated 10 Year Total:$68,485,740 Other Revenue •2021-22 Still Softer •2% Growth Thereafter Loan Repayments: •Water Fund ($280K) •General Fund ($360K)* 13 Forward Looking View Outflows Year Operations + Transfers Capital Total Outflows 2021 $4,058,570 $2,286,000 $6,344,570 2022 $4,725,120 $528,600 $5,253,720 2023 $4,860,470 $500,000 $5,360,470 2024 $4,982,730 $500,000 $5,482,730 2025 $5,136,610 $1,571,800 $6,708,410 2026 $5,281,560 $500,000 $5,781,560 2027 $5,421,120 $2,173,720 $7,594,840 2028 $5,583,940 $500,000 $6,083,940 2029 $5,733,510 $500,000 $6,233,510 2030 $5,907,880 $500,000 $6,407,880 Estimated 10 Year Total:$61,251,630 Operating: 3% Growth Capital: $500K Floor Avg. Outflows: $6.1M 14 Volatility of RETT Collections $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 0.5% RETT Collections Wheeler $1M Wheeler $2M Set Amt to Wheeler = Stability Other Uses = Uncertainty 15 Option 0: Status Quo 0.5% RETT to Wheeler $32M • Yr 0 $33M • Yr 1 $34M • Yr 2 $35M • Yr 3 $35M • Yr 4 $37M • Yr 5 $36M • Yr 6 Fund Balance Continues to Grow •No Additional Uses for Future Taxes •Arts Grants Limited to $100K •$39M Opening Balance by 2030 (Yr. 8) 16 Option 1: Repurpose Future 0.5% RETT Over $2M $32M • Yr 0 $31M • Yr 1 $30M • Yr 2 $28M • Yr 3 $26M • Yr 4 $24M • Yr 5 $21M • Yr 6 Apply Future Collections to New Community Benefits Slower Draw Down of Funds •$16M Opening Balance in Yr. 8 17 Option 2: Repurpose Future 0.5% RETT Over $1M $32M • Yr 0 $30M • Yr 1 $28M • Yr 2 $25M • Yr 3 $22M • Yr 4 $19M • Yr 5 $15M • Yr 6 Apply Future Collections to New Community Benefits Slower Draw Down of Funds •Est. $8M Fund Balance in Yr. 8 18 Option 3: Repurpose 100% Future 0.5% RETT $32M • Yr 0 $29M • Yr 1 $26M • Yr 2 $22M • Yr 3 $18M • Yr 4 $14M • Yr 5 $8M • Yr 6 Apply Future Collections to New Community Benefits •Arts Grants Could be Increased •Other Community Needs As Well Rapid Draw Down of Fund Balance •Likely Desire to Set Floor at $8M 19 $2,286,000$528,600$500,000$500,000$1,571,800$500,000$2,173,720$500,000$500,000$500,000$0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Capital Set Aside Operating Reserve Capital Spend Year 6 Option 4: Capital Set-Aside Yr.Capital Set Aside Operating Reserve Total Balance 2021 $10M $4M $14M 2022 $4M $5M $9M 2030 $2M $6M $8M Year 0 Year 8 20 Summary Status Quo Option 1 Option 2 Option 3 Option 4 100% To Wheeler $2M / Yr $1M / Yr $0M / Yr Capital Set Aside No New Uses Expanded Uses Expanded Uses Expanded Uses Expanded Uses $36M $21M $15M $8M $9M $39M $18M $8M N/A $8M In Options 1, 2 & 3 = Projected Balances Shown (Not Reserve Floor) In Option 4 = Reserve Floor Shown Year 6 Year 8 21 Policy Question: Are there any options City Council would like to remove from consideration? OR Does City Council have a preferred financial model? 22 Policy Question: What financial information does the Council need to determine what level of grants they would like to do in the future? 23 Policy Question: Does the Council have a preferred election date for a RETT question? Election Date Deadline for Ballot Language to County November 2, 2021 Early September 2021 November 8, 2022 Early September 2022 March 7, 2023 December 2022 24 Policy Questions: 1. Are there principles or guidelines for this process that a majority of City Council supports? 2. Do any of these principles or guidelines take priority over others? 25 1. Take a conservative approach to ensuring the Wheeler’s needs are supported 2. Continue to support Wheeler; plan for a reasonable amount of unanticipated needs 3. City-owned arts facilities should not compete for funding with community non-profits 4. Funding for individual non-profits will not be specified in the ballot language 5. All residents should have an equal opportunity to provide input to this process 6. Statistically valid feedback should be collected from Aspen’s full time residents 7. The City’s grant program should be utilized for distribution of any additional dollars designated for non-profit art organizations 8. Additional funding can be utilized for a broad range of community operating and capital needs – and funding allocation will be determined each year by City Council, with a recommendation of a Council-appointed committee, such as the revised grants steering committee: 9. Additional funding can be utilized for a broad range of community operating and capital needs to be identified on the ballot; 10.Increase the amount of arts and culture funding, and provide additional resources to other community needs. 11.Additional funding can be utilized for a broad range of community operating and capital needs. Possible areas could include:(see next slide) 26 Other possible areas of need Arts & Culture Childcare Housing Health and Human Services Stormwater Infrastructure Transportation/Entrance to Aspen Next Steps Electrification of City of Aspen fleet vehicles Other environmental topics Tourism Cozy Point Infrastructure Advance other initiative 27 Policy Question: How does the funding of arts grants fit into the guiding principles? 28 Policy Question: Does the Council concur with the staff recommendation to draft possible ballot language options earlier in the process to share with the community and Council for discussion, amendment, and narrowing? 29 Policy Question: Additionally, does the Council wish to establish any expectations for management of funding requests or advocacy for specific community benefits? 30 Policy Question: Does the Council wish to designate a citizen task force to synthesize the community’s feedback or have staff complete this step? 31 Confirm Council Direction & Next Steps 32