Council changes sales tax collection method and clears up sanitation IGA
By Randy Beaudette
Highlights of the August 26, 2020 Black Hawk City Council Regular online meeting includes two ballot measures to be placed on the November Ballot and the Black Hawk-Central City Sanitation District Intergovernmental Agreement Restated.
Mayor Spellman called the Council to order followed by Roll Call and an online Pledge of Allegiance. Roll call revealed Council members that were present online included Linda Armbright, Paul Bennett, Jim Johnson, Hal Midcap, Greg Moates, and Benito Torres. Also present online were City Attorney Corey Hoffmann, City Manager Stephen Cole, City Clerk/ Administrative Services Director Melissa Greiner, and Deputy City Clerk Michele Martin.
City Attorney Hoffmann asked Council to declare any Conflicts of Interest on any issue appearing on the agenda other than those already disclosed and filed with the City Clerk and Secretary of State. There were no objections from the City Council or from anyone online.
Black Hawk City Council moved to recess into Executive Session to confer with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. After a brief Executive Session, Council resumed their regular session.
Approval of Minutes
Black Hawk City Council approved the meeting minutes from the August 12, 2020 Regular Meeting with no corrections or amendments.
Miner’s Mesa Cell Tower
Resolution 46-2020, A Resolution Denying a Variance to Allow a Height Variance which would Allow a Structure 103 Feet in Height. Mayor Spellman requested a continuance of this matter to be heard on September 23, 2020
- Resolution 47-2020, A Resolution Conditionally Approving a Certificate of Architectural Compatibility and a Site Development Plan for the T Mobile Facility Located at 821 Miners Mesa Road. Mayor Spellman also requested a continuance of this matter to be heard on September 23, 2020
CB19, An Ordinance Approving the Rezoning of Fifteen (15) Properties Owned by the City of Black Hawk. Mayor Spellman asked to continue this Public Hearing for Ordinance 2020-19 to September 23, 2020.
Single Bet Limit Raise (Council Bill 20/ Ordinance 20-2020)
Black Hawk City Council approved a request for approval of the Ordinance Setting Ballot Questions for the November 3, 2020 Special Election Conducted as a Coordinated Election with Gilpin County. The City of Black Hawk desires to conduct a special election on November 3, 2020 as a coordinated election with Gilpin County. The following ballot question shall be submitted to the registered electors of the City of Black Hawk at the November 3, 2020 special election:
Ballot Question No. 1: PROVIDED THAT THE STATEWIDE INITIATIVE TO ALLOW THE VOTERS OF THE CITY OF BLACK HAWK TO INCREASE MAXIMUM SINGLE BETS AND TO AUTHORIZE ADDITIONAL GAMES IS APPROVED AT THE NOVEMBER 3, 2020 STATEWIDE ELECTION, SHALL THE CITY OF BLACK HAWK ALLOW REVISIONS TO LIMITED GAMING WITHIN THE CITY’S GAMING DISTRICTS TO AUTHORIZE THE FOLLOWING:
- REPLACE THE SINGLE BET LIMIT OF UP TO $100 WITH UNLIMITED SINGLE BETS; AND
- DELEGATE AUTHORITY TO THE BLACK HAWK CITY COUNCIL TO AUTHORIZE BY RESOLUTION THE APPROVAL OF ADDITIONAL GAMES, PROVIDED THAT THE COLORADO LIMITED GAMING CONTROL COMMISSION ALSO PROMULGATES FINAL RULES TO IMPLEMENT SUCH ADDITIONAL GAMES.
Sports Betting Tax Increase (Council Bill 21/ Ordinance 21-2020)
The City of Black Hawk desires to conduct a special election on November 3, 2020 as a coordinated election with Gilpin County. The following ballot question shall be submitted to the registered electors of the City of Black Hawk at the November 3, 2020 special election:
Ballot Question No. 2: SHALL THE CITY OF BLACK HAWK’S TAXES BE INCREASED BY ONE MILLION DOLLARS ($1,000,000) IN THE FIRST FULL FISCAL YEAR AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING AN EXCISE TAX AT THE RATE OF ONE QUARTER OF A PERCENT (.25%) ON THE HANDLE OR WAGER ON SPORTS BETTING ACTIVITIES, DEFINED AS THE TOTAL AMOUNT OF MONEY WAGERED ON A SPORTS EVENT WHICH HANDLE OR WAGER IS PLACED WITH A PERSON LICENSED TO CONDUCT SPORTS BETTING AT A DESIGNATED PHYSICAL LOCATION WITHIN THE CITY OR AN INTERNET SPORTS BETTING OPERATOR UNDER CONTRACT WITH A CASINO LOCATED WITHIN THE CITY TO CONDUCT SPORTS BETTING, WITH THE RATE OF THE EXCISE TAX BEING ALLOWED TO BE DECREASED OR INCREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF THE EXCISE TAX DOES NOT EXCEED ONE QUARTER OF A PERCENT (.25%) AND SHALL ALL SUCH TAX REVENUES BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, NOTWITHSTANDING ANY REVENUE OR EXPENDITURE LIMITATIONS CONTAINED IN THE COLORADO CONSTITUTION OR OTHER LAW?
Black Hawk City Council approved Ordinance 21-2020 unanimously.
Sales Tax Collection Method (Council Bill 22/ Ordinance 22-2020)
Council Bill 22, An Ordinance Amending Chapter 4, Article IV, of the Black Hawk Municipal Code to Define Economic Nexus and Update Methods for Collection and Remittance of Sales Tax.
In an effort to join the simplification efforts of all the self-collecting home-rule municipalities in Colorado, the Black Hawk Municipal Code will be amended to define economic nexus for vendors without a physical presence per the 2018 Supreme Court ruling in South Dakota v. Wayfair. Furthermore, adoption of the uniform economic nexus definitions will allow for standardized reporting and remittance by vendors to the various home rule municipalities. Black Hawk City Council approved Ordinance 22-2020 unanimously
Inter-Governmental Agreement (IGA) Restated (Council Bill 23/Ordinance 23-2020)
City Council also approved Council Bill 23 which is an Ordinance approving Amendment No. 1 to the Amended and Restated Intergovernmental Agreement by and Between the City of Central, the City of Black Hawk, Gilpin County, and the Black Hawk-Central City Sanitation District.
City Attorney Hoffmann explained that in the rush to get the amended and restated Growth Intergovernmental Agreement done due to the Central City lawsuit regarding Proximo, Central City now has some concerns about potential ambiguity related to Clear Creek County. He emphasized that the City of Black Hawk never intended to cover anything in Clear Creek County. Regardless, Central City was concerned it was an ambiguity, so Section 2 is further defined. He went on to say that during this, the City recognized that they also had an issue in the area surrounding the Lynn Ranch property located in the Central City growth area. He said that all conversations had discussed that area being limited to open space, so this fixes that as well and identifies a new exhibit that is limited in Central City to being open space around the Lynn Ranch.
Black Hawk City Council adjourned at 3:55 pm.