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HomeMy WebLinkAbout1990-04-17 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 17, 1990 2:00 p.m. AGENDA 1. Discussion of Funding for Program Consultant for Cultural Arts Center 2. Discussion regarding the Berry Creek 5th Filing Property 3. Continuation of Discussion regarding .Potential Affordable Housing Project under HUD Section 42 4. Discussion of Affordable Housing Proposal for Vail Heights Subdivision 5. Discussion of Subsidy for Avon STOLport 6. Discussion of Ratification of Northwest Colorado Council of Governments Articles of Association 7. Information Update 8. Other 9. Site Visit - 4242 East Columbine Way Reminder: Councilmembers should arrive in the Chambers by 1:45 p.m. for photo session with the local papers. VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 17, 1990 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of Funding for Program Consultant for Cultural Bob Krohn Arts Center Action Requested of Council: Approve/deny funding of approximately $10,000 for defining the Cultural Arts Center program. Background Rationale: The Herb & Nicole Wertheim Foundation has made a challenge grant of $1,000,000 for a proposed Cultural Arts Center. A definite program for the proposed Center needs to be developed including such aspects as location, size, etc. before additional fund raising can proceed. 2:20 2. Discussion regarding the Berry Creek 5th Filing Property Ron Phillips 2:40 3. Continuation of Discussion regarding Potential Affordable Pete Parry Housing Project under HUD Section 42 Ron Phillips 3:00 4. Discussion of Affordable Housing Proposal for Vail Heights Konrad Oberlohr Subdivision Kristan Pritz Background Rationale: The applicant is interested in using CHFA and DOLA funding to construct an affordable housing development on several lots having a total acreage of 6 acres. The lots are located behind Safeway on Chamonix Lane. 3:30 5. Discussion of Subsidy for Avon STOLport Steve Barwick Action Requested of Council: Council needs to decide if it wishes to continue with negotiations designed to keep the Avon STOLport in operation. 3:50 6. Discussion of Ratification of NWCCOG Articles of Ron Phillips Association Action Requested of Council: Approve/deny the ratification of NWCCOG Articles of Association. Background Rationale: NWCCOG has asked us to ratify their Articles of Association, per the enclosed letter. Resolution No. 11 will be before Council Tuesday night for formal action. 4:05 7. Information Update Ron Phillips 4:10 8. Other 4:25 9. Site Visit - 4242 East Columbine Way Shelly Mello (for the Benysh setback variance on the evening agenda) RESOLUTION N0. 11 Series of 1990 A RESOLUTION RATIFYING THE ARTICLES OF ASSOCIATION OF THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS. WHEREAS, a resolution ratifying the amended Articles of Association of the Northwest Colorado Council of Governments (NWCCOG) was adopted by the new COG Board of Directors at the regular meeting in Kremmling, March 22, 1990; and WHEREAS, the Town Council of the Town of Vail has reviewed the amended Articles of Association of the Northwest Colorado Council of Governments; and WHEREAS, the Town Council of the Town of Vail believes that the ratification of the amended Articles of Association of the Northwest Colorado Council of Governments is in the best interest of the Town of Vail, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF UAIL, COLORADO, that: The Articles of Association of the Northwest Colorado Council of Governments, as adopted by the Council's Board of Directors on March 22, 1990 by Resolution No. 1990-1, are hereby ratified, pursuant to Section 502 thereof. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RECD APR - 21990 NORTHWEST COLORADO ~~~ COUNCIL OF GOVERNMENTS Post Office Box 739 Frisco, Colorado 80443 Frisco 303 668-5445 ' Denver Direct 303 573-7611 March 27, 1990 Ron Phillips 75 S. Frontage Rd. W. Vail, CO 8165? Dear Ron, We have enclosed a copy of the amended Articles of Association of the Northwest Colorado Council of Governments (NWCCOG), which were adopted by the NWCCOG Board of Directors at their regular meeting in Kremmling, March 22. These Articles form the basis of the intergovernmental contract between the Counties of Eagle, Grand, Jackson, Pitkin, Routt and Summit and the 26 municipalities within those Counties, and is a regional planning authority for purposes listed therein. These amended Articles were necessary in order to allow member governments to petition the Executive Committee to appoint an administrative representative. {See Article I.A.3.) A complete list of changes is attached. The Articles require that amendment to be effective, members of NWCCOG, includ purpose, we have enclosed that you complete. If we can answer any organization and functions to call. in order for this most recent it be ratified by a majority of the ing the Town of Vail. For this a ratification sheet which we ask questions or describe NWCCOG's in any way, please do not hesitate Very truly yours, 'yt,Ci Linda Venturoni Executive Director Enclosure ,~~~~ S~ Sandy Blaha Associate Executive Director Eagle County: Avon, Basalt, Eogle, Gypsum, Minturn, Red Cliff, Vail, Grand County: Fraser, Granby Grond Lake, Hot Sulphur Springs, Kremmling, Winter Pork, Jackson County: Walden, Pitkin County: Aspen, Snowmass v~lloge, Routt County: Hayden, Oak Creek, Steamboat Springs, Yampa, Summ(t County: Blue River, Breckenridge, Dillon, Frisco, Montezuma, Silverthorne LIST OF CHANGES TO NORTHWEST COLORADO COUNCIL OF GOVERNMENTS ARTICLE OF ASSOCIATION * Strike-throughs are proposed deletions ** Underline are proposed additions ** ARTICLES Article I 103 Representation and„Vot_ing A. 3. add: complete new paragraph H. delete: "provided" add: "however" delete: "no" Article II 203 Powers H. delete: "the N4~T'v~COG Director" add: "a NWCCOG staff representative" Article IIZ 302 Staff delete: "director and a staff" add: "Executive Director, Associate Executive Director and a staff" Article ZV 401 Meetings delete: add: 404 Fnanc, A. delete: add: add: "monthly" "bi-monthly" al "at the regular October meeting" "between October 1 and October 15" "by mail" Resolution No. 1990-1 ARTICLES OF ASSOCIATION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS Colorado Planning and Management Region XII ARTICLE I 101 Organization These Articles of Association shall regulate and govern the affairs of the association known as the Northwest. Colorado Council of Governments thereinafter known as the "Council" or "NWCCOG"). The Council is organized pursuant to Article XIV, Section 18 of the Colorado Constitution and Sections 29-1-201, et seq., 29-1-401 and 29-1-402, C.R.S. 102 Membership The Council shall be composed of the following Counties and Municipal Corporations: Counties: Eagle, Grand, Jackson, Pitkin, Routt, Summit Munc,ipa,l,,,. Cor.po,ratons Aspen Avon Basalt Blue River Breckenridge Dillon Eagle Fraser Frisco Granby Grand Lake Gypsum Hayden Hot Sulphur Springs Kremmling Minturn Montezuma Oak Creek Red Cliff Silverthorne Snowmass Village Steamboat Springs Vail Walden Winter Park Yampa 103 Representation ,and_. Voting A. Repres_entatve,s: The Counties and Municipal Corporations set forth at Section 102, supra, shall be entitled to voting representatives as set forth in these Articles. The voting representative from each County shall be a member of the Board of County Commissioners and shall be 1 selected as the NWCCOG representative by vote of such Board. Each Municipal Corporation shall be entitled to one (1) voting representative, which shall be either: 1. An elected member of the Municipal Corporation or Board; or 2. An elected mayor of the Municipal Corporation. Each Municipal representative shall be selected by vote of the governing body of the Municipal Corporation. After a member has been designated as a County or Municipal representative, he will inform the Council staff of an alternate who will also receive information from Council headquarters and attend meetings in the event of an absence according to this Section. Alternates shall have the same qualifications as regular members. 3 __ ___ hpponted _hdmini_strative__.F~pr.esent.ativ_e. A member.__,government m,ay,___on a_ _case...,by._c_ase__basis_,. pettlon_„the E.xecutive.. Commit_t_ee.,,_of N'r1C.COG.._.t_o, appopt an admini,s,tr,ative,_..._re.presentatve .„T.he p.eti,tion__..shal_1 c,onsis_t_,of __a _._letter_,.,_of ,_e~pl_apat,,on from._ th.e___memper._.gevernment_ .s_ta_ti.ng.__tr,e__reas.ons_ for the request__.,.... Amajorty o,f._ the ..Exe~.ut.,ve_..._Boa,rd must__appr_~ ~ e this__.request . hn__apponted__adminzstr_ati_v_e, rE.pre_s,entat_ive,,,shall be...a senior ,.admi_ni.s.tra~ive__respresenta_tive._,,. ~efne.d as .the _g,eneral counsel, ,.manager/ admnlst,r_a,for.,..or„__seni.or. planner _may be,._apponted by _a .municipal. or___county. _.bodr_d ..to_ rep.resent. _that jursdc,tion___in.. place__of . an.,.elected official .......The a dmnisarativ,e_ rep.re.sentatve_must__be „appointed_by r,esoluton_. o.f .the,_ .jurisdiction... The _reso_l,ut,icn shall.,trar,sfer. the full..an.d._bnding.__votn_g privileges of the, member ._to_...thz. adminstra_t_ve r,epresen.taty_e. 2 B. Term: Representatives to the Council shall be designated by each participating government annually prior to the regular Council meeting in January. Each representative shall serve from the January meeting to the following January unless sooner replaced by the appointing government. C . Al locat_ion__o_f Voting. _Rghts : A maximum of twelve (12) full votes may be cast upon any matter before the Council. Each County shall be permitted one (1) full vote. The aggregate of all Municipal Corporations within each County shall be permitted one (1) full vote on all matters before the Council. At each meeting of the Council, the Municipal representatives present from each County shall cast equal fractional votes which total one (1) full vote for each County, in the following manner: One Municipal Corporation present: it casts 1 vote. Two Municipal Corporations present: each casts 1/2 vote. Three Municipal Corporations present: each casts 1/3 vote. Four Municipal Corporations present: each casts 1/4 vote. Five Municipal Corporations present: each casts 1/5 vote. (etc.} D. Vacancies: If any NWCCOG representative shall ......... _ ................................. cease to hold elective office as a Mayor, Municipal Councilman or County Commissioner, a vacancy shall exist and the appointing government shall fill the vacancy as provided by Subsection A, supra. E. Quorum: A quorum shall consist of at least seven County and/or Municipal representatives or their alternates. In no event, however, shall a quorum consist of less than seven full votes, considering the fractional voting for Municipalities from the same County provided at Subsection C, .supra. 3 F. Telephon~.._Poll_ing: In order to achieve a quorum, the Council may poll by telephone, not more than two of its members, with respect to a specific matter before the Council on motion or resolution. Such telephone polling shall constitute the equivalent of a physical presence at the meeting of the representative(s) so polled, shall be carried out by the Chairman, and the results of the poll reported to the Council by him. The minutes for the meeting shall reflect that a telephone poll was taken, the results thereof, and the representative(s) polled. Further, a memorandum of the poll shall be approved and signed by them. If the representative(s) do not approve and sign the memorandum, the action upon which the vote, including the poll, was taken shall be null, void and of no effect. G. Pro~:y Vot_in.g: Proxy voting is not permitted. H. Administrative,._R,epresEntati~,es: In the event of the absence of the elected representative or alternate for any jurisdiction, an administrative representative may participate as a representative of that jurisdiction at the pleasure of the Council p~evided, hcweve,r, that ae administrative representative shall no_t be permitted to cast a vote on a;,y issue. I. Vote: A majority of full votes cast at any ............. . meeting shall be required to adopt any matter before the Council. 104 Rules of Order Except as otherwise provided in these Articles, Roberts Rules of Order shall prevail for the conduct of the business of the Council. ARTICLE II 201 Purpose The Council shall promote regional cooperation and coordination among local governments and between levels of 4 government for the geographic area comprised of the Counties of r~agle, Grand, Jackson, Pitkin, Routt and Summit, hereinafter referred to as the "Region". The need for a Council of Governments is based on the recognition that people in the Region form a single community and are bound together not only physically, but economically and socially. It is the purpose of the Council through its participating membership, staff and programs, to provide local public officials with the means of responding more effectively to the local and regional problems of this Regional community. In order to assure the orderly and harmonious development of the Region, and to provide for the needs of future generations, it is necessary for the Council to serve as an advisory coordinating agency to harmonize the activities of Federal. State, County and Municipal agencies within the Region, and to render assistance and service and create public interest and participation for the benefit of the Region. 202 Functions ................................._.... The Council shall prcmote regional coordination and cooperation through activities designed to: A. Strengthen kcal governments and their individual capacities to deal with local .problems. B. Serve as a forum to identify, study and resolve areawide problems. C. Develop and formulate policies involving Regional problems. D. Promote intergovernmental cooperation through such activities as reciprocal furnishing of services, mutual aid and parallel action as a means to resolve local, as well as Regional, problems. E. Provide the organizational framework to ensure effective communication and coordination among governmental bodies. F. Serve as a vehicle for the collection ar,d exchange of Regional information. 5 G. Develop Regional comprehensive plans. H. Serve as a spokesman for local governments on matter of Regional and mutual concern. I. Encourage action and implementation of Regional plans and policies by local, State and Federal agencies. J. Provide, if requested, mediation in resolving conflicts between members and other parties. K. Provide a mechanism for delivering financial assistance, in the form of loans, or otherwise, to public or private, for profit or nonprofit ventures, deemed to be in the public interest and to fulfill the purposes and functions of the Council, as described more fully at Section 203.H, infra. L. Provide technical and general assistance to members within its staff and financial capabilities. These services are inclusive of, but not limited to: 1. identify issues and reeds which are Regional and beyond the realistic scope of any one local government. 2. Compile and prepare, through staff and from members, the necessary information concerning the issues and needs for Council discussion and decision. 3. Debate and concur in a cooperative and coordinated Regional action to meet the need or issue. 4. Implement the details of the. cooperative action among affected member governments, using such devices as interlocal contracts and agreements, parallel ordinances or codes, joint performance of services, transfers or consolidations of functions, or special subordinate operating agencies. 6 5. And, in general, a. Arrange contracts among officials on an intergovernmental basis. b. Publish reports on functional programs. c. Publish current information of Regional interest. d. Provide advice and assistance on physical land use planning and other functional programs. e. Sponsor Regional training programs. f. Negotiate cooperative agreements. g. Sponsor or oppose legislation on behalf of the Region and its units of local government. 203 Powers ................ . The Council shall, for the purpose of fulfilling its purposes and functions, be a body politic and corporate, and as such, be subject to all rights, duties and obligations as such may affect the members of such Council whereby its activities are of a Regional, areawide or multi-governmental nature and further, shall cor:stitute the entity to perform these Regional or areawide functions which may be authorized by Federal or State statute. To effectuate such powers, the Council shall: A. Be the approving and contracting agent for .all Federal and State regional grants, as required. B. Constitute the governmental entity for the purpose of receiving State or Federal assistance to areawide or Regional governmental entities through designation as grantee for such grants. C. Constitute the governmental entity for any existing entities that are Regional in nature and any new entity, Regional in nature, which may be required to be created as a new board or commission by State or Federal statute and, to consummate such purpose, these Articles shall be amended from time-to-time. 7 D. Serve as the Area Clearinghouse and Project Notification Review Agency. E. Serve as the Regional Planning Commission pursuant to Section 30-28-105, C.R.S. F. Exercise all powers set forth in Section 29-1-201, et seq., C.R.S., and Article XIV, Section 18, Colorado Constitution. G. Accept contributi~ or from any other fund or funds, or disburse the same may direct at the established or at ins from member local governments source, commit them to a general a special fund or funds, and for such purposes as the Council time the fund or funds are any time thereafter. H. Revolving Loan Fund. Subject to the approval of the Board of Directors, a Revolving Loan Fund may be created to assist in the financing of either public or private, for profit or nonprofit ventures, where the retention or creation of employment and the consequent public revenue or benefit to the health, safety and welfare of the Region is deemed by the Board to be in the public interest. The Board shall appoint a Revolving Loan Fund committee of eight persons, one of whom shall be the-NW6C98-Exeettti~+e-Bi~eeter a....NWCCOG staff r_e.p_resenta.t_iye, under criteria as it shall establish. The Board shall also appoint eight alternates in the event of the inability of any committee member to attend a meeting. The Revolving Loan Fund will create policy for review and approval of its loans including criteria established by agencies of origination from which capitalization of the Revolving Loan Fund is achieved. In addition, such loans shall be made in full compliance with the Colorado Constitution, the Colorado Revised Statutes and applicable Federal Iaw and regulations. The revolving loan fund committee shall adopt Bylaws for the conduct of its affairs and the administration of the Revolving Loan Fund. Such Bylaws shall not be effective until approved by the Board of Directors of the Council. a ARTICLE III 301 Executive Committee There is hereby created an Executive Committee which shall consist of seven voting representatives of the Council. There shall be one member from each of the six County areas in Region XII, which member may be either a County voting representative or Municipal voting representative from that County area. There shall also be one at-large member. The Executive Committee members shall be elected at the annual meeting in January ar,d shall serve until the following January. The Executive Committee shall select the Chairman, Vice Chairman and Secretary-Treasurer from among its members. A. Chairman: The Chairman shall preside at all meetings of the Council and ~}-iall be the chief officer of the Council. B. Vice Chairman: The Vice C}-iairman shall exercise __ _ . t}'ie functions of the Ch air~~~~an in t?-,e Chairmans absence or incapacity. C. Secretary-Treasurer: The Secretary-Treasurer shall exercise the functions of the Vice Chairman lid the abSeriCe or 1nCat~uCit;' Of the V1CP Chalrnla!1 and shall perform such other duties as may be consistent with his office or as :r,ay be required by the. Chairman. 302 Staff The Council may employ a direeter-a~:d-a-s$aff an Executive Director, an_AssociatF_Executi.~,e Director anal a staff and may contract for expert services as the Council, in its discretion, may desire. ARTICLE IV 401 Meetings The Council shall meet ~e~,t}~ly hi-.monthly beginning each year in January and at such other times aS t}ie Chairman may direct. All such meetings shall be open to the public. 402 Bylaws The Council, acting by resolution at any regular or special meeting, may enact or amend Bylaws for the further conduct of its affairs and specifically to describe additional functions of the Executive Committee and the staff, provided however,. that such Bylaws may nat contravene ar supercede any provision of these Articles. 403 Committees The Council may establish advisory committees as necessary. 404 Financial A. Each year at-the-~e~:~l.ax-He~e3~e~-t~eeti~g; between October 1 and Octoi:~er 15. tl~e Chairman si:ail submit, by mail, to the Council an estimate of the budget required for tiie operation of the Council during the ensuing caler:dar year. B. The Ccur.cil is specifically empowered to contract or otherwise participate in and to accept grants, funds, gifts or services from any Federal, State or local government or its agencies or instrumentality thereof, ar~d from private and civic sources, and to e~:pend funds received therefrom, ur;der provisions as may be recuired of arsd agreed to by the Cour:cil, in connection with any program or purpose for which the Council exists. C. The Council shall arrange for a systematic and continuous record of its financial affairs and transactions-and shall c~:tain all annual audit of its financial transactions and expenditures. D. Any member local government ~Y~ay withdraw from membership in the Ccur.cil by action of its governing body demonstrating its decision to withdraw whirr. shall become effective ninety (90) days after written notice to that effect has been given the Chairman cif the Council, after which its participation in any of the powers and duties of the Council as far as such member is concerned shell then terminate, but the money appr~:priated to and received by the Council from the withdrawing member shall not be returned to such member. 10 E. The withdrawal of any unit of local government from or nonparticipation of such local government in the Council as described supra shall not operate to prevent the Council from offering services and/or performing activities within the jurisdiction cf said local government unless specifically directed not to do so by said local government under valid authority of law. ARTICLE V 501 Articles: Effective Date .................................. .............................................................. . These Articles shall become effective upon their adoption by the Council. ar~d ratification by a majority of the members listed at Section 102 hereof. 502 Articles: Amendment These Articles may be amend at any regular meeting of the Council by resolution, provided that at least one week`s notice in writing be given to all members, settirig fr.rth such amendment and that the approved amend~~ent be ratified by a majority of the members listed at Section 10'2 hereof. 11