HomeMy WebLinkAbout2018-02-27 VLHA Meeting Agenda Vail Local Housing Authority
TOWN OF /AIC # Agenda
Tuesday, February 27, 2018
3:00 PM —5:00 PM
Municipal Admin Conference Room
75 South Frontage Road West, Vail, Colorado 81657
MEMBERS PRESENT MEMBERS ABSENT
Mary McDougall
Staff
Lynne Campbell
1. Review and Approve February 13, 2018 Meeting Results 5 Min.
2. Annual Lottery Criteria Discussion and Recommendation 30 Min.
3. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase,
acquisition, lease, transfer, or sale of property interests; and to determine
positions, develop a strategy and instruct negotiators, regarding: submitted Vail
InDEED applications. 60 Min.
Adjournment at 5:00 PM
Next Meeting — March 13, 2018
Future Agenda Items:
Page 1
Vail Local Housing Authority
TOWNOF '� # Meeting Results
Tuesday, February 13, 2018
3:00 PM —5:00 PM
Municipal Admin Conference Room
75 South Frontage Road West, Vail, Colorado 81657
MEMBERS PRESENT MEMBERS ABSENT
Steve Lindstrom Molly Morales
Mary McDougall Francisco Meza
James Wilkins
Staff
Lynne Campbell
Greg Clifton
Lindstrom called the meeting order at 3:05PM as a quorum was present.
The Board reviewed and approved the January 23, 2018 meeting results as presented.
MOTION: McDOUGALL SECOND: WILKINS VOTE: 3-0
Next up Krista Miller, HR Director, provided an update regarding the Housing Director Position search
41 complete applications have been submitted. Human Resources has reviewed and placed applicants
into tiers. Applicants are from a variety of backgrounds including urban policy, development experience
to resort executive directors. Roughly 10 applicants have local ties. First goal is to reduce list to 15
applicants for first interview phone screening then reduce to about 10 for panel interviews. The panel
will consist of 2 directors, 2 (VLHA members) and the housing coordinator. Greg Clifton will have one
on one interview and the final decision. The panel's role will be to guide the Town Manager interviewing
5-6 applicants and recommend 3 to move forward.
Timeframe for interviews could be as soon as the first week in March. Clifton would prefer all interviews
completed in 1 day with the panel and Clifton sharing at end of day.
Clifton wants to meet with the panel and review candidate qualities and what the Town is seeking for
the housing director position. He wants values to reflect values of Council and Town with transparency
being key.
The Board suggested a local candidate would be high on the list and would carry more weight. The
Board would discuss who could be available for a full day of interviews. Steve will contact Krista with
who is available.
McDougall motioned to exit the regular meeting and enter Executive Session per C.R.S. §24-6-
402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; and to
Page 1
determine positions, develop a strategy and instruct negotiators, regarding: submitted Vail InDEED
applications.
MOTION: McDOUGALL SECOND: WILKINS VOTE: 3-0
Wilkins motioned to exit executive session and reenter the regular meeting.
MOTION: WILKINS SECOND: McDOUGALL VOTE: 3-0
As a result of actions from the executive session Wilkins motioned staff move forward with Vail InDEED
offers
MOTION: WILKINS SECOND: McDOUGALL VOTE: 3-0
Wilkins motioned to adjourn the meeting at 4:30PM.
MOTION: WILKINS SECOND: McDOUGALL VOTE: 3-0
Next Meeting — February 27, 2018
Future Agenda Items:
Page 2
Memorandum
To: Vail Town Council
From: George Ruther, Director of Community Development
Steve Lindstrom, Vail Local Housing Authority
Date: April 4, 2017
Subject: Town of Vail Annual Resale Lottery Criteria Process and Options for
Consideration for Process Amendments
Purpose of this Memorandum
The Vail Local Housing Authority and the Community Development Department requested a
worksession with the Vail Town Council to discuss the Town of Vail Annual Lottery Criteria
Process.
The purpose of this memorandum is to share the adopted Town of Vail Annual Resale Lottery
Criteria Process and present options for considerations if process amendments are desired.
II. Background
The Town of Vail Community Development Department conducts an annual resale lottery
selection process to determine eligibility to bid and purchase for-sale deed restricted employee
housing units which may become available for purchase in the corning year. This lottery
selection process occurs the first week of June, annually. The procedures for the Town's
annual resale lottery process are outlined in the Town of Vail Employee Housing Guidelines,
adopted October 10, 1999. By and large, the Guidelines have remained unchanged since their
original adoption nearly twenty years ago.
The Community Development Department routinely receives feedback from resale lottery
participants about the process. Unfortunately, not all feedback is positive. Some of the more
frequently shared negative feedback includes comments regarding the following:
• Participants must meet the deed restriction criteria at the time of application instead of
the time of purchase.
• Household size requirements limit home purchase options and future changes in lifestyle
or family sizes.
• Telecommuting for employment is not allowed.
• The weighted preference system limits participation and prevents persons from moving
back into Town.
• The tiered system conflicts with the weighted preference system.
• The process is time consuming and inefficient.
• The current process is anything but a true lottery.
1
• Persons that currently own a home in Eagle County can not participate.
III. Existing Annual Lottery Resale Criteria and Process
A copy of the Resale Lottery Criteria is outlined below:
Resale Lottery Criteria
A. There are six basic eligibility requirements which must be met prior to an individual
submitting a bid to purchase an employee-housing unit.
1. The applicant must intend to use the unit as his/her primary residence and maintain it
as his/her primary residence in the future.
2. The applicant must be currently employed at a business located within Eagle County
which holds a business license with the appropriate jurisdiction (Town of Vail, Town
of Avon, etc.), must be employed an average of 30 hours each week on an annual
basis, and must maintain this level of employment for as long as he or she owns the
unit.
3. The applicant must demonstrate that at least 75% of his/her income and earnings
are earned by working at a licensed Eagle County business.
4. Neither the applicant nor any member of the applicant's immediate family (including,
but not limited to, spouse and children under 18 years of age) may own residential
real estate in Eagle County at the time of application, except where that real estate is
deed restricted as a Town of Vail employee housing unit with a resale appreciation
cap. A current residence may not be deeded to a corporation or other entity in order
to qualify the applicant for a Town of Vail deed restricted unit.
5. The applicant must be prequalified with a mortgage lender.
5. For all Town of Vail deed restricted three bedroom units, the applicant must have a
household size of 3 or more persons. For the purposes of determining household
size, applicants may include all persons related to the applicant by blood, marriage,
or adoption. If the applicant plans to include dependents, they must be continuously
listed on federal income tax forms and reside in the household at least six months
and one day out of every 12 month period of time. A pregnancy may be counted
towards the family size requirement as long as a note from an Eagle County doctor is
provided.
B. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price
(not to exceed the maximum bid price) during a bidding period shall have the first right to
negotiate purchase of the unit. If two or more qualified bids are submitted at the highest bid
price, they shall receive preference and be prioritized for selection as the top bidder based
on the highest score using the criteria listed below. Each year of residency and employment
in Eagle County will count as one point in determining the total score. Additional points will
be determined as follows:
2
1. All current years of employment in Vail shall be weighted at 3:1 over years of
employment in Eagle County.
2. All current years of residency in Vail shall be weighted at 3:1 over years of residence
in Eagle County.
3. All years of residency and/or employment prior to a leave from Eagle County shall be
given points at a 1:1 ratio regardless of location of residency or employment within
Eagle County.
C. Notes:
1. The physical place of residence and employment is what counts, not the mailing
address.
2. Employment physically located on Vail Mountain shall be considered inside the Town
of Vail.
3. Employment requiring work to be completed at locations "on-site" throughout Eagle
County (e.g., construction sites) shall be considered outside the Town of Vail.
4. Seasonal work and part time work shall be counted on a pro-rata basis. Seasonal
work and part time work alone may not be adequate to meet the 30 hours/week
average annual requirement. This type of work may need to augment other
employment to meet the minimum eligibility.
5. For the purposes of determining the standing of each applicant, each year of
residency (or employment) reflects one point. For the portion of time in excess of a
complete year, the Town will round to the next highest number if the time exceeds
six months and one day. If the time is less than six months, the Town will round
down.
6. If two individuals are applying jointly, the years of employment and/or residency shall
not be combined. The single individual with the longest record of employment and/or
residency shall use his or her record for the purposes of determining longevity.
7. Persons who own residences located in Vail or Eagle County at the time of the
application deadline are not eligible.
8. All claims will be verified by Town of Vail staff. Claims of residence or employment
that do not check out or are un-verifiable will not be counted in determining your
longevity.
9. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will not
be conducted and the unit will be awarded to the top tier applicant. A drawing to
establish the reserve list will be held in the Community Development office during
regular business hours and shall be witnessed by the Town Clerk.
10. The application and any accompanying documentation shall become the property of
the Town of Vail and will not be returned to the applicant.
3
C. For all resales of existing Town of Vail deed restricted units, a permanent reserve lottery list
will be used. The reserve list will be created using the exact same criteria outlined above.
1. The first person on the list will be offered the unit available for resale. If that person
chooses not to take the unit, they will be dropped to the end of the list and the next
person will have the option to purchase the available unit and so on, until a buyer is
found.
2. The list will be updated by an annual lottery.
3. Separate reserve lists will be created for two bedroom and three bedroom units.
IV. Options for Consideration for Process Amendments
The resale lottery criteria and selection processes should be aligned with Town's goals and
objectives for employee housing in Vail. In the absence of alignment, it is unlikely that the Town
will realize its desired results when it comes to housing in the community. To that end, the Vail
Local Housing Authority and the Community Development Department have reviewed the
current criteria and recommend that Vail Town Council further evaluates the following options
for amendments to the annual resale lottery criteria and process:
1. Clearly define the goals and objectives of the Town's lottery criteria and process.
2. Allow current residential property owners to participate in the lottery.
3. Create circumstances where telecommuting as an acceptable form of qualifying
employment.
4. Phase out the weighted preference and tier systems and replace them with a true
lottery process.
5. Replace the annual lottery process with an individual and separate process for
each home when it becomes available for purchase.
V. Vail Town Council Instruction
The Vail Local Housing Authority and the Community Development Department are prepared to
move forward with evaluating the merits of possible amendments to the lottery criteria and
process and propose implementation strategies for said amendments to the Town Council for
review and approval. Given the timeframe involved, and the impending annual lottery process
in June, consideration should be given to those amendments which can be made now and
those which may require additional time. At this time, the Vail Local Housing Authority and the
Community Development Department are seeking instruction from the Vail Town Council.
Which of the recommended amendments, if any, should be further evaluated and
considered for adoption? Are there additional amendments which have not been listed
that should be considered?
4
(°:%)TOWN OF IL
Memorandum
To: Vail Town Council
From: Vail Local Housing Authority
George Ruther, Director of Community Development
Date: December 19, 2017
Subject: Town of Vail Annual Resale Lottery Criteria Process and Options for Consideration for
Process Amendments— Recommendation to Vail Town Council
Purpose of this Memorandum
The Vail Town Council requested that the Vail Local Housing Authority and the Community
Development Department review the existing Town of Vail annual resale lottery criteria process
and recommend options for amendments, improvements and enhancements. The goals and
objectives of the effort are to:
• Improve efficiency (i.e. cost) and effective (i.e. time) of the lottery process for both the
Town and the applicants.
• Ensure consistency, predictability and fairness in the process.
• Increase alignment between the annual lottery process with the Town's housing policies
and objectives.
• Increase emphasis on creating housing opportunities to enhance community; not just
workforce.
• Improve the opportunity for participation in the lottery amongst all persons eligible to own
a deed restricted home in Vail.
• The opportunity to own deed restricted housing in Vail is at the core of maintaining and
sustaining community.
• Increase participation and opportunity in the lottery selection process.
The purpose of this memorandum is two-fold:
1) share the adopted Town of Vail Annual Resale Lottery Criteria Process, and
2) present the recommendation of the Vail Local Housing Authority for amendments,
improvements and enhancements to the criteria and lottery process.
II. Background
The Town of Vail Community Development Department conducts an annual resale lottery
selection process to determine eligibility to bid and purchase for-sale deed restricted employee
housing units which may become available for purchase in the coming year. This lottery
selection process occurs the first week of June, annually. The procedures for the Town's
annual resale lottery process are outlined in the Town of Vail Employee Housing Guidelines,
adopted October 10, 1999. By and large, and specifically as it relates to the lottery process,
the Guidelines have remained unchanged since their original adoption nearly twenty years ago.
The Community Development Department routinely receives feedback from resale lottery
participants about the process. Unfortunately, not all of the feedback is positive. Some of the
more frequently shared negative feedback includes comments regarding the following:
• Participants must meet the deed restriction criteria at the time of application instead of
the time of purchase.
• Household size requirements limit home purchase options and disregards future
changes in lifestyle or family sizes.
• Telecommuting and other forms of"work from home" employment is not allowed.
• The weighted preference system limits participation and prevents persons from moving
back into Town.
• The tiered system conflicts with the weighted preference system.
• The process is time consuming, costly and inefficient.
• The current process is anything but a true lottery and discourages participation.
• Persons that currently own a home or a vacant residential lot in Eagle County can not
participate.
III. Existing Annual Lottery Resale Criteria and Process
A copy of the Resale Lottery Criteria is outlined below:
Resale Lottery Criteria
A. There are six basic eligibility requirements which must be met prior to an individual
submitting a bid to purchase an employee-housing unit.
1. The applicant must intend to use the unit as his/her primary residence and maintain it
as his/her primary residence in the future.
2. The applicant must be currently employed at a business located within Eagle County
which holds a business license with the appropriate jurisdiction (Town of Vail, Town
of Avon, etc.), must be employed an average of 30 hours each week on an annual
basis, and must maintain this level of employment for as long as he or she owns the
unit.
3. The applicant must demonstrate that at least 75% of his/her income and earnings
are earned by working at a licensed Eagle County business.
4. Neither the applicant nor any member of the applicant's immediate family (including,
but not limited to, spouse and children under 18 years of age) may own residential
real estate in Eagle County at the time of application, except where that real estate is
deed restricted as a Town of Vail employee housing unit with a resale appreciation
cap. A current residence may not be deeded to a corporation or other entity in order
to qualify the applicant for a Town of Vail deed restricted unit.
5. The applicant must be prequalified with a mortgage lender.
6. For all Town of Vail deed restricted three bedroom units, the applicant must have a
Town of Vail Page 2
household size of 3 or more persons. For the purposes of determining household
size, applicants may include all persons related to the applicant by blood, marriage,
or adoption. If the applicant plans to include dependents, they must be continuously
listed on federal income tax forms and reside in the household at least six months
and one day out of every 12 month period of time. A pregnancy may be counted
towards the family size requirement as long as a note from an Eagle County doctor is
provided.
B. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price
(not to exceed the maximum bid price) during a bidding period shall have the first right to
negotiate purchase of the unit. If two or more qualified bids are submitted at the highest bid
price, they shall receive preference and be prioritized for selection as the top bidder based
on the highest score using the criteria listed below. Each year of residency and employment
in Eagle County will count as one point in determining the total score. Additional points will
be determined as follows:
1. All current years of employment in Vail shall be weighted at 3:1 over years of
employment in Eagle County.
2. All current years of residency in Vail shall be weighted at 3:1 over years of residence
in Eagle County.
3. All years of residency and/or employment prior to a leave from Eagle County shall be
given points at a 1:1 ratio regardless of location of residency or employment within
Eagle County.
C. Notes:
1. The physical place of residence and employment is what counts, not the mailing
address.
2. Employment physically located on Vail Mountain shall be considered inside the Town
of Vail.
3. Employment requiring work to be completed at locations "on-site" throughout Eagle
County (e.g., construction sites) shall be considered outside the Town of Vail.
4. Seasonal work and part time work shall be counted on a pro-rata basis. Seasonal
work and part time work alone may not be adequate to meet the 30 hours/week
average annual requirement. This type of work may need to augment other
employment to meet the minimum eligibility.
5. For the purposes of determining the standing of each applicant, each year of
residency (or employment) reflects one point. For the portion of time in excess of a
complete year, the Town will round to the next highest number if the time exceeds
six months and one day. If the time is less than six months, the Town will round
down.
6. If two individuals are applying jointly, the years of employment and/or residency shall
not be combined. The single individual with the longest record of employment and/or
residency shall use his or her record for the purposes of determining longevity.
Town of Vail Page 3
7. Persons who own residences located in Vail or Eagle County at the time of the
application deadline are not eligible.
8. All claims will be verified by Town of Vail staff. Claims of residence or employment
that do not check out or are un-verifiable will not be counted in determining your
longevity.
9. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will not
be conducted and the unit will be awarded to the top tier applicant. A drawing to
establish the reserve list will be held in the Community Development office during
regular business hours and shall be witnessed by the Town Clerk.
10. The application and any accompanying documentation shall become the property of
the Town of Vail and will not be returned to the applicant.
C. For all resales of existing Town of Vail deed restricted units, a permanent reserve lottery list
will be used. The reserve list will be created using the exact same criteria outlined above.
1. The first person on the list will be offered the unit available for resale. If that person
chooses not to take the unit, they will be dropped to the end of the list and the next
person will have the option to purchase the available unit and so on, until a buyer is
found.
2. The list will be updated by an annual lottery.
3. Separate reserve lists will be created for two bedroom and three bedroom units.
IV. Vail Local Housing Authority Recommendation
Following careful and thoughtful review of the Town's annual resale lottery criteria and selection
process the Vail Local Housing Authority finds that amendments, improvements and
enhancements are needed to realize the goals and objectives for housing in Vail. To be
successful, the resale lottery criteria and selection processes should be aligned with Town's
goals and objectives for housing. In the absence of alignment, it is unlikely that the Town will
realize its desired results when it comes to housing in the community. To that end, the Vail
Local Housing Authority has reviewed the current criteria and recommends that Vail Town
Council authorizes Town staff to pursue revisions to the current criteria and lottery by taking
action on the following:
1. Clearly define the goals and objectives of the Town's lottery criteria and process.
2. Allow current residential property owners, including vacant residential land, to
participate in the lottery.
3. Phase out the weighted preference and tiered systems and replace them with a
true lottery process, effective June 2018.
4. Replace the annual lottery process with an individual and separate process for
each home when it becomes available for purchase.
5. Eliminate the minimum household size requirements.
6. Simplify the application submittal process and minimize to the extent possible the
materials required for participation.
7. Implement a true lottery drawing process which affords all qualified participants
an equal chance of being selected.
Town of Vail Page 4
✓ Lodging
✓ Recommended Route—Vail Circuit and Time Trial
✓ WF acts as local organizing committee
✓ Awards take place Friday afternoon
✓ Expo would likely wrap up after awards ceremony on Friday (est. 4 p.m.)
✓ Sponsor underwriting Vail's races would likely stay; others would likely move to Denver
✓ Music would be provided by WF; no funding would be requested for this activity; evening
and paid concerts at GRFA
The request for funding from the Town of Vail is shown below and totaled at $310K plus$65K
for in-kind services to bring two stages to Vail, with a 3-year term commitment and estimated to
bring 20,000 attendees the first year:
Request for Town of Vail Support
Consideration Criteria
• Mutti-Year(2018-2020?Yes1
• Two Stages in Vail? Yes!
• Race stages stay in Vail? Yes'.
• Event Dates fill a need period?Yes'
• Financial support reduced?Yes!
5155.000 in cosh per S-o• e,
$32,500 valve in lana cs';tore
'In comparison. fur The W.4.Pr.
_haiienge event.Town of V:Jq
provided Support$1 75 i:l
casn and$25 000 trade fc, one
+age.
Other comments and questions were addressed:
• Finance Director Kathleen Halloran noted that funding was split from VLMD and General
Fund for the Pro Cycling Challenge, $100K and $75 respectively.
• The goal for team riders is 112 for the men and 60 for the women.
• The event is international, national, and statewide, working with state partners and
international partners.
• Challenges from Pro Cycling Challenge would be avoided by reducing the number of race
locations, changing race times.
• The event would take advantage of the weekend music and other forms of entertainment
being offered at the Gerald R. Ford Amphitheater.
Chapin invited public comments at this time and resident Heather McDonald supported the idea
noting that bike racing in Vail is a part of its heritage and enjoyed by the entire community.
Moffet moved to direct staff to include $200K in the 2018 budget; the funding would be split
$110K from General Fund and $100K from the VLMD fund, in response to the request from the
WE for hosting the Colorado Classic bike race in August. Foley seconded the motion. There
was support from council members who noted the following comments:
• Moffet noted the media spend and room nights would create a great return on investment.
• Langmaid noted it as an awesome opportunity for the economy and iconic event for Vail,
and noted her support for a beer consortium, a women's event, a citizen's ride as all great
components.
• Chapin noted that the last bike race was not a great revenue generator for the local
business, but bike racing as iconic for the Vail Valley.
Town Council Meeting Minutes of December 19,2017 Page 3
• Bruno noted her support of the proposal also agreeing with the Mayor's points about return
for local businesses. She hoped to part of changing the way cycling is viewed in light of its
recent history. She thanked VVF and the team for all its efforts in bringing the race to Vail.
• Foley supported the proposal and noted his satisfaction that both races would attract
spectators.
The motion passed (6-0; Mason recused).
5.2. Town of Vail Annual Resale Lottery Criteria Process and Options for
Consideration for Process Amendments— Recommendation to Vail Town Council
Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chair,
Vail Local Housing Authority
Action Requested of Council: Listen to the staff presentation on the recommendation for
amendments to the annual resale lottery criteria process and solicit public comment. Provide
instruction to the Town staff on proposed amendments.
Background: The Vail Town Council requested that the Vail Local Housing Authority and the
Community Development Department review the existing Town of Vail annual resale lottery
criteria process and recommend options for amendments, improvements and enhancements. A
number of objectives and identified issues to be addressed as a result of this request are
outlined in the staff memorandum to the Vail Town Council.
Staff Recommendation: Following careful and thoughtful review of the Town's annual resale
lottery criteria and selection process the Vail Local Housing Authority finds that amendments,
improvements and enhancements are needed to realize the goals and objectives for housing in
Vail. To be successful, the resale lottery criteria and selection processes should be aligned with
Town's goals and objectives for housing. A complete list of recommended actions is outlined in
the staff memorandum.
George Ruther introduced the topic and noted that Steve Lindstrom and Mary McDougal were
present representing the Vail Local Housing Authority. The VLHA has reviewed the current
criteria and recommends that Vail Town Council authorize Town staff to pursue revisions to the
current criteria and lottery by taking action on the following; (the status of each item is in upper
case):
1. Clearly define the goals and objectives of the Town's lottery criteria and process.
SUPPORTED
2. Allow current residential property owners, including vacant residential land, to participate in
the lottery. NO CONSENSUS—WANT MORE INFORMATION
3. Phase out the weighted preference and tiered systems and replace them with a true lottery
process, effective June 2018.
SUPPORTED A MIDDLE GROUND SUGGESTED BY PUBLIC INPUT, JACKSON
AFFORD SOME PREFERENCE FOR LONGEVITY ; BUT NOT FULL PRIORITY
4. Replace the annual lottery process with an individual and separate process for each home
when it becomes available for purchase. SUPPORTED
5. Eliminate the minimum household size requirements. SUPPORTED
6. Simplify the application submittal process and minimize to the extent possible the materials
required for participation. SUPPORTED
7. Implement a true lottery drawing process which affords all qualified participants an equal
chance of being selected. SUPPORTED
Town Council Meeting Minutes of December 19,2017 Page 4
Town Council's feedback did not show support for a current homeowner becoming part of the
lottery and a request to create a middle ground for#2, the current residential property owner.
Chapin invited public input at this time.
• Heather McDonald, resident at Vail Commons, shared that she has been trying to spread
the word about the lottery and more publicity would be good.
• Ian suggested that it is not a broken system and he wasn't supportive of the tiered system
and preferred seniority preferences.
• Joanna Biele, resident at Vail Commons, expressed concern about the lottery and how the
seniority works and preferred that seniority remain a criteria.
Public input was closed at this time. It was noted staff would return with revised
recommendations based on the discussion and council support was given to the following:
1) eliminating household size requirements, and 2) eliminating the need to conduct a lottery
each time a property becomes available.
6. Action Items
6.1. Ordinance No.17, Series of 2017, First Reading, An Ordinance Amending Sections
5-11: Abatement Of Diseased Trees And Wildfire Fuels And 12-11: Design Review,
Related To Vegetation Removal For Wildfire Mitigation Purposes
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance N. 17,
Series of 2017 on 1st Reading.
Background: This is a proposal to clarify and codify existing standard operating procedures
related to vegetation removal. The Town of Vail currently requires a Design Review Board
(DRB) permit for the removal of vegetation, including trees, when not associated with another
development application. The Town of Vail Fire and Emergency Services Department also
issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire
Adapted Vail Program or through the town's abatement provisions for dangerous or diseased
trees. The proposal eliminates the requirement for a DRB permit following a recommendation by
the Wildland Coordinator concerning vegetation removal.
Staff Recommendation: The Planning and Environmental Commission (PEC) held a public
hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a
recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This
recommendation was based on a finding that the proposal furthered the adopted goals,
objectives and policies of the Vail comprehensive plan.
Spence presented the topic for consideration per the memo in the council packet with a
recommendation for the code changes(following page). Langmaid preferred the three month
window of the nesting environment, May, June, July, not be available for the tree cutting
program. Spence noted that the purview of this ordinance was not related to the environmental
request and noted that a more thorough review of the tree removing timing window be reviewed
separately. There was council consensus to have staff review this aspect. Mark Novak, Fire
Chief, spoke about tree removal, wildfire mitigation, and the confusion with environmental
priorities. He does not support banning the tree removal program and informed them there are
about 20 tree removal permits issued each year.
Town Council Meeting Minutes of December 19,2017 Page 5