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
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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