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HomeMy WebLinkAbout2005-16 Submitting the Registered Election held on November 8, 2005, Ballot Issue Concerning the Issuance of Bonds and an Increase in Taxes to Finance a Conference Centeri y: RESOLUTION N0.16 SERIES 2005 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL, COLORADO, AT A REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2005, A BALLOT ISSUE CONCERNING THE ISSUANCE OF BONDS AND AN INCREASE IN TAXES TO FINANCE A CONFERENCE CENTER; AND PROVIDING OTHER DETAILS RELATING THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado the "State") and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council hereby finds and determines that it is in the public interest to finance the construction of a conference center in the Town and that it is necessary to increase taxes and issue bonds for such purpose; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR"), requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, and the spending of certain funds above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, the Town will hold its regular municipal election on November 8, 2005 (the Election"); and WHEREAS, November 8, 2005, is one of the election dates at which ballot issues maybe submitted to the Town's electors pursuant to TABOR; and WHEREAS, pursuant to Section 2.3 of the Charter, the Council hereby determines that~the Election shall be held and conducted as a polling place election in accordance with Article 10 of Title 31, Colorado Revised Statutes ("C.R.S.") (the "Municipal Election Code"); and WHEREAS, the Council is of the opinion that the Town should seek voter approval to increase taxes and increase debt for the purpose provided in this resolution; and Resolution No. 16, Series of 2005 WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the Election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Unless otherwise defined herein, all terms used herein shall have the meanings defined in TABOR and in Section 31-10-102, C.R.S. Section 2. Pursuant to Section 31-10-105, C.R.S. and Section 2.5 ofthe Charter, the Election Commission of the Town shall perform all acts required or permitted by law in connection with the Election, which Election shall be held and conducted as an independent polling place election. Section 3. Pursuant to the applicable laws of the State and the Charter, the Council hereby determines that the following ballot issue is hereby referred to the registered electors of the Town and shall appeaz on the ballot of the Town of Vail, Colorado, at the Election: SHALL TOWN OF VAIL DEBT BE INCREASED $7,640,000 WITH A REPAYMENT COST OF $16,685,000 AND SHALL TOWN TAXES BE INCREASED $1,950,000 ANNUALLY IN THE FIRST FULL YEAR OF COLLECTION AND BY WHATEVER ADDITIONAL AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL LODGING TAX OF NOT MORE THAN 1.5% (WHICH WILL RESULT IN A TOTAL LODGING TAX IMPOSED BY THE TOWN OF NOT MORE THAN 3.0%) TO FINANCE, OPERATE AND MAINTAIN A CONFERENCE CENTER SUBJECT TO THE FOLLOWING LIMITS OR CONDITIONS: IF THIS QUESTION IS APPROVED BY THE VOTERS, THE AUTHORITY TO ISSUE DEBT PURSUANT TO THI5 QUESTION TOGETHER WITH THE AUTHORITY TO ISSUE DEBT PURSUANT TO QUESTION 2B APPROVED BY THE VOTERS ON NOVEMBER 5, 2002 WILL TOTAL $57,700,000 WITH A REPAYMENT COST OF $112,295,000; AND IF THIS QUESTION IS APPROVED BY THE VOTERS, THE SUNSET FOR THE LODGING TAX AND SALES TAX LEVIED PURSUANT TO 2002 QUESTION 2B IS REPEALED AND SUCH TAXES AND THE LODGING TAX LEVIED PURSUANT TO THIS QUESTION SHALL NOT TERMINATE UNTIL TERMINATED BY LEGISLATIVE ACTION BY THE TOWN; AND Resolutlon No. 16, Series of 2005 2 IF THIS QUESTION IS NOT APPROVED BY THE VOTERS, THE AUTHORITY TO ISSUE DEBT PURSUANT TO 2002 QUESTION 2B SHALL TERMINATE IMMEDIATELY AND THE AUTHORITY TO LEVY TAXES PURSUANT TO 2002 QUESTION 2B SHALL TERMINATE EFFECTIVE JANUARY I, 2006, AND THE TOWN COUNCIL SHALL EITHER REFUND ANY REMAINING REVENUES FROM SUCH TAXES PURSUANT TO SUCH REFUND METHODOLOGY AS THE TOWN COUNCIL DETERMINES OR SUBMIT A QUESTION TO THE VOTERS ON HOW SUCH REVENUES SHALL BE USED; AND THE LODGING TAX AND SALES TAX LEVIED PURSUANT TO 2002 QUESTION 2B AND THE I.5% LODGING TAX AUTHORIZED PURSUANT TO THIS QUESTION ARE CURRENTLY ANTICIPATED TO BE SUFFICIENT TO PAY DEBT SERVICE ON THE BONDS AND APPROXIMATELY 1,500,000 ANNUALLY TO PAY THE COSTS OF OPERATING AND MAINTAINING THE CONFERENCE CENTER; AND IN ORDER TO FINANCE, OPERATE AND MAINTAIN THE CONFERENCE CENTER, THE TOWN COUNCIL MAY LEVY, INCREASE OR DECREASE THE LODGING TAX APPROVED BY THIS QUESTION FROM TIME TO TIME SO LONG AS IT DOES NOT EXCEED THE RATE OF 1.5%,; AND THE COUNCIL EXPECTS THAT THE RATE OF THE LODGING TAX APPROVED BY THIS QUESTION TO BE IMPOSED BEGINNING IN 2006 WILL BE APPROXIMATELY .79%; PROVIDED THAT THE ACTUAL RATE WILL BE DETERMINED BASED UPON THE SALE OF THE DEBT AUTHORIZED BY THIS QUESTION AND 2002 QUESTION 2B; AND SUCH LODGING TAX SHALL BE LEVIED ON THE PRICE PAID FOR THE RENTING OR LEASING OF LODGING FOR LESS THAN THIRTY CONSECUTIVE DAYS; AND SUCH DEBT SHALL BE EVIDENCED BY THE ISSUANCE OF REVENUE BONDS PAYABLE FROM THE LODGING TAX AUTHORIZED BY THIS QUESTION AND THE LODGING TAX AND SALES TAX AUTHORIZED IN 2002 QUESTION 2B; SUCH Resolution No. 16, Series of 2005 3 BONDS TO BE SOLD IN ONE OR MORE SERIES ON TERMS AND CONDITIONS AND WITH SUCH MATURrt tr S AS PERMIt t ~D BY LAW AND AS THE TOWN COUNCIL MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM OF NOT MORE THAN THREE PERCENT OF THE AMOUNT SO REDEEMED; AND THE PROCEEDS OF SUCH DEBT AND TAXES AND ANY EARNINGS FROM 'THE INVESTMENT OF SUCH PROCEEDS AND REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Section 4. If a majority of the votes cast on the question to authorize the bonds and the levy of taxes submitted at the Election shall be in favor of issuance of the bonds and the levy of taxes as provided in such question, the Town, acting through the Council, shall be authorized to proceed with the necessary action to issue the bonds and levy the taxes in accordance with such question. Any authority to issue the bonds and levy the taxes, if conferred by the results of the Election, shall be deemed and considered a continuing authority to issue the bonds and levy the taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 5. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. Section 6. All actions heretofore taken (not inconsistent with the provisions of this resolution) by the Town. and the officers thereof, directed towards the Election and the objects and purposes herein stated are hereby ratified, approved and confirmed. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 8. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. Resolution No. 16, Series of 2005 4 INTRODUCED, READ, APPROVED AND ADOPTED this September 6, 2005. C? Rodney Slifer, Ma~or SEAL) E ~, CpLOC~~'G, ATTEST: ~.,,,,, Lo~elei Donal son, Town Clerk Resolution No. 16, Series of 2005 $ STATE OF COLORADO ) COUNTY OF EAGLE )SS. TOWN OF VAIL ) I, the Town Clerk of the Town of Vail, Colorado, do hereby certify that: 1. The foregoing pages are a true, perfect and complete copy of a resolution (the Resolution") passed and adopted by the Town Council (the "Council") constituting the governing board of the Town of Vail, Colorado (the "Town"), at a regular meeting of the Town held at the Town Hall on September 6, 2005, convening at the hour of 6:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Vail kept in my office. 2. The Resolution was duly moved and seconded and the Resolution was adopted at the meeting of September 6, 2005, by an affirmative vote of a majority of the members of the Council as follows: Name "Yes" "No" Absent I Abstain Rod Slifer ~ I Dick Cleveland / I Diana Donovan I I / I I Kim Ruotolo I / Kent Logan Greg Moffet I / Farrow Hitt I / Resolution No. 16, Series of 2005 6 3. The members of the Council were present at such meeting and voted on the passage of such Resolution as set forth above. 4. The Resolution was arr~ ~,ved and authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town Clerk and recorded in the minutes of the Council. There are no bylaws, rules or regulations of the Council which might prohibit the adoption of said Resolution. 6. The notice of the meeting of September 6, 2005, in the form attached hereto as Exhibit A. was posted at the Town Hall, not less than 24 hours prior to the meeting in accordance with law. WITNESS my hand and the seal of said Town affixed this September 6, 2005. Oho-~C.#',~~~ Town C erk E- ---~ SEAL) ,~o:;:::.:. ;.~q~ I, , c0~ O~p~~ Resolution No. 16, Series of 2005 ~ EXHIBIT A Attach Form of Meeting Notice) Resolution No. 16, Series of 2005 EXHIBIT A TOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, SEPTEMBER 6, 2005 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEMITOPIC: Citizen Input (10 min.) 2. ITEMITOPIC: Consent Agenda. Approval of 08.02.05 and 08.16.05 Minutes. (5 min.) 3. Greg Hall ITEM/TOPIC: Construction Update. (5 min.) 4. Russ Forrest ITEM/TOPIC: Resolutions 16, Series of 2005 setting forth language for a ballot question on November 82h, 2005 to raise the lodging tax to pay for the construction and operation of the Vail Conference Center and Resolution 17, Series of 2005 expressing the Town Council's intent in developing a threshold for collecting up to 1.5% in additional lodging tax for the conference center. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, disapprove, or modify: A) Resolution 16, Series of 2005 which sets forth language to have a ballot measure on November 82h which would ask voters to increase the lodging tax for the conference center, and B) Resolution 17, Series of 2005 which would state the Town Council's intent on collecting up to 1.5% of new lodging tax for the conference center. BACKGROUND RATIONALE: On August 3152, the Conference Center Advisory Committee met to review the Guaranteed Maximum price from Mortenson Construction and proposed ballot language. At that meeting the Committee unanimously recommended that the Town Council approve Resolution 16 and 17. Resolution 16 would give the Town Council the authority to collect up to 1.5% in new lodging tax to pay for the construction and operation of the conference center. Resolution 17, if approved, would express the Town Council intent on creating a trigger mechanism for collecting up to 1.5% in new lodging tax. 5. Bill Gibson ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a variance from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Planning and Environmental Commission's approval of variance applications pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On July 25, 2005, the Planning and Environmental Commission approved a variance from Section 12-6C-6, Setbacks, Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive. The appellant, Vail Town Council, "called-up" the Planning and Environmental Commission's decision at its August 2, 2005, public hearing. Please refer to the staff memorandum to the Planning and Environmental Commission dated July 25, 2005, for additional information. STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's approval of a variance from Section 12-6C-6, Setbacks, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive, subject to the findings in the staff memorandum dated July 25, 2005. However, Staff recommends the Town Council overturns the Planning and Environmental Commission's approval of a variance from Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, Vail Town Code, to allow for a residential addition at 1448 Vail Valley Drive, subject to the findings in the staff memorandum dated July 25, 2005. 6. Greg Hall ITEMITOPIC: Discussion of Village Streetscape Mill Creek Court Building Construction contract Award for 2005-2006. (15 min.) ACTION REQUESTED OF COUNCIL: Approve/ Deny Village Streetscape Mill Creek Court Building Project Award. BACKGROUND RATIONALE: The Town of Vail and Mill Creek Court Condominium Association cooperatively have designed and have received a proposal for construction improvements in Vail Village..The council was advised were under negotiations and it was felt to finishing the streetscape in this area made since. Staff has negotiated a cost sharing of the improvements with the condominium association. The association board has agreed to the proposal. These improvements include the replacement of planters, steps, landscaping, installation of snowmelt system and final streetscape treatments in addition the association is having their trash dumpster upgraded. The Town of Vail has reviewed the proposal and with the contractor. The Project is scheduled to begin Construction later this year and finish next spring. Staff recommends the council add the required additional dollars to the supplemental budget to fund the town's portion of the project. $ 200,000 from RETT and $50,000 from capital projects fund, the remainder of the project will be funded by the Mill Creek Court Condominium Association ($205,000) and from the existing Streetscape budget ($95,000). Direct the Town Manager to execute a change order to the streetscape contract with B & B Excavating for up to $550,000. STAFF RECOMMENDATION: Supplement the Village Streetscape budgets by $ 200,000 to the RETT portion and $ 50,000 from the Capital projects fund and direct the Town Manager to execute a change order with B&B Excavating up to $550,000 to construct the streetscape improvements around Mill Creek Court Building. 7. Gregg Barrie ITEM/TOPIC: Gore Valley Trail Improvements at Cascade Village Projects. (15 min.) ACTION REQUESTED OF COUNCIL: Town Staff is recommending the following: 7. Approve a total project budget of $645,000 with the understanding that Town will be reimbursed for the cost of Project 1 through the Holy Cross Energy Enhancement Funds. 2. Award the Gore Vallev Trail Improvements at Cascade Villaae project, in whole, to 8 & 8 Excavating in the amount of $ 574,583.87 with the understanding that a portion of the work will be completed in the spring. BACKGROUND RATIONALE: Town Staff have been working on multiple projects in the Cascade Village area for the past several years. While CVMD has postponed their projects previously scheduled for this fall, the Town is in a position to perform much needed maintenance work to the Gore Valley Trail, starting on Monday, September 12. A portion of the work would be completed this fall, with the remainder of the work occurring in the spring of 2006. STAFF RECOMMENDATION: Staff Recommends approval of the budget and award of the contract as indicated above. 8. Russ Forrest ITEM/TOPIC: West Vail Sub-Area Plan Process. (15 min.) BACKGROUND RATIONALE: The purpose for creating a West Vail Sub-Area Plan is to provide an improved framework for decision making in the West Vail commercial area by providing direction on appropriate uses, bulk & mass, along with other development parameters. It would also help to identify other public improvements which developers should consider upon submitting proposals to the Community Development Department, such as affordable housing, retail uses, parking and traffic circulation improvements. The Town Council has in previous meetings identified a need for the West Vail area to have asub-area plan created for a well thought out redevelopment of West Vail. 9. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. #17, Series of 2004, an ordinance amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, deny, or table the second reading of Ordinance No. 17, Series of 2004. The applicant is requesting that the Town Council table the second reading of Ordinance No. #17, Series of 2004, to October 4, 2005. BACKGROUND RATIONALE: On July 12, 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to forward a recommendation of approval, with conditions, for the proposed amendments to Special Development District #4, Cascade Village. On August 3, 2004 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of 2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 17 and October 5, 2004; January 4, May 3, June 21, and August 4, 2005, and the Town Council tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of 2004, again be tabled to a future Town Council meeting. STAFF RECOMMENDATION: Table the second reading of Ordinance No. #17, Series of 2004, to October 4, 2005. 10. Judy Camp ITEM/TOPIC: Second Reading of Ordinance No. #19, Series 2005, an Ordinance making supplemental appropriations to the 2005 Budget, Supplemental Appropriation No. 2. (10 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments, Ordinance No. #19, Series 2005, on second reading. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve Ordinance No. #19, Series 2005, on second reading. 11. George Ruther ITEM/TOPIC: Resolution No. #15, Series of 2005, a resolution expanding the boundary of the Study Area of the Lionshead Redevelopment and amending Chapter 5. Detailed Plan Recommendations. Lionshead Redevelopment Master Plan, to include Section 5.19 Evergreen Lodae at Vail. and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 15, Series of 2005. BACKGROUND RATIONALE: On June 27, 2005, the Planning and Environmental Commission held a public hearing to discuss a text and map boundary amendment to the Lionshead Redevelopment Master Plan. The purpose of the amendment is to include the Evergreen Lodge in the Study Area of the Lionshead Redevelopment Master Plan. Upon discussion of the amendment, the Commission voted unanimously to table the final hearing on the proposed amendment to a future meeting date. The purpose of the tabling was to allow staff and the applicant an opportunity to address the various questions of the Commission prior to the Commission taking action on the request. The Commission specifically requested that any amendments to Chapter 5. Detailed Plan Recommendations, should make reference to the following: Vehicular and pedestrian access Maintenance of the existing accommodation units on the site Impacts on Middle Creek South Frontage Road improvements Physical relationship to the Vail Valley Medical Center Relationship to the proposed Vail Conference Center Need for architectural improvements Loading and delivery improvements Pedestrian connection to West Meadow Drive On July 17, 2005, the Town of Vail Community Development Department requested a work session with the Vail Town Council to discuss the merits of preparing an amendment to the Lionshead Redevelopment Master Plan that would expand the boundary of the Plan to include the Evergreen Lodge. Upon discussing the possible merits of the amendment, the Commission directed staff to prepare an amendment for further Commission and Town Council consideration. On August 22, 2005, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the proposed text and boundary amendment to the Lionshead Redevelopment Master Plan to the Vail Town Council. In forwarding a recommendation of approval, the Commission expressed the need for Section 5.19.3, Preservation of Existing Accommodation Units, of the proposed amendment to place more emphasis on no net loss of accommodation unit square footage, creation of quality hotel rooms, and the maintenance of the number of existing "hot beds", rather than placing so much focus on merely maintaining the number of existing rooms. Resolution No. 15 addresses the Commissions recommendation with revisions shown in str~leeeg# and bold. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Resolution No. 15, Series of 2005, as presented. 12. ITEM/TOPIC: Town Manager's Report. (10 min.) 13. ITEM/TOPIC: Adjournment. (9:00 p.m.) NOTE UPCOMING MEETING ART TIMES BELOW: ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, SEPTEMBER 20, 2005, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information