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