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HomeMy WebLinkAbout2016-11-01 Agenda and Supporting Documentation Town Council Afternoon Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING Agenda TOWN Of VAIL' Town Council Chambers 75 South Frontage Road W., Vail, CO 81657 1:00 PM, November 1, 2016 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment on any agenda item may be solicited by the Town Council. DRB / PEC Update 1.1. DRB/PEC Update 5 min. Presenter(s): Chris Neubecker, Planning Manager 2. Presentations / Discussion 2.1. Initial Findings of the USFS Feasibility Study completed by Western Land 30 min. Group, Inc. The study was commissioned by the Vail Town Council to determine the feasibility of acquiring certain USFS lands adjacent to the Town of Vail municipal boundary. While other uses may be appropriate, the expressed purpose of this study and any subsequent acquisition would be for the purposes of providing land for the development of resident housing. Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Does the Vail Town Council wish to pursue further discussions and actions towards acquiring federal lands adjacent to the Town's municipal boundary at this time? Background: The Town of Vail contracted federal land acquisition consulting services with Western Land Group, Inc. and its principal, Tom Glass, to determine the feasibility of acquiring certain USFS lands adjacent to the Town of Vail municipal boundary. Upon completion of the two-phase feasibility study approach, Western Land Group, Inc. has concluded that there are parcels of federal land that may be eligible for acquisition from USFS. Staff Recommendation: Should the Vail Town Council choose to pursue discussions of certain land acquisitions with the USFS the Town staff recommends that a process for public engagement and community conversation be initiated and a strategy for discussions and negotiations with the USFS be adopted by the Town Council. Further, the Town staff recommends that the Land Ownership Adjustment Agreement be reviewed to determine which steps, if any, need to be taken with regard to said Agreement. It should also be noted that the Town staff has initiated an update to the Town of Vail Comprehensive Open Lands Plan as there may be benefit to incorporating this effort into the Open Lands Plan November 1, 2016 - Page 1 of 7 effort. 2.2. Recommendation for the process and procedures for determining deed 60 min. restriction acquisitions as adopted by the Vail Housing 2027 Strategic Plan. Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chairman of the Vail Local Housing Authority Action Requested of Council: The Vail Town Council is being asked to support the proposed recommendation in an effort to advance the goals of the Vail Housing 2027 Strategic Plan. If the Town Council supports the proposed recommendation the Town staff will return to the Town Council meeting on November 15th with a resolution authorizing the Vail Local Housing Authority to act as an agent of the Town. Background: The Vail Town Council adopted the Vail Housing 2027 Strategic Plan. A strategic component of the Plan was the implementation of a new decision making structure related to the acquisition of resident housing deed restrictions. In furtherance of the Plan, the VLHA is recommending proposed criteria and findings to be used when making decisions on acquiring deed restrictions. The criteria and findings are intended to the align with the Town Council's adopted housing policies and programs. Staff Recommendation: The Town staff and the Vail Local Housing Authority recommends the Vail Town Council adopts the deed restriction acquisition criteria and findings and instructs staff to return to the public hearing on November 15th with a resolution authorizing the VLHA to act as agent on the Town's behalf. 2.3. Deed restriction and lottery process for the Chamonix Neighborhood in 30 min. West Vail Presenter(s): George Ruther, Director of Community Development Action Requested of Council: As this is a worksession, no formal action of the Vail Town Council is being requested at this time. Based upon information and feedback received at this time, the town staff will return to the Vail Town Council at a future public hearing to request a final decision on the deed restriction terms and the lottery selection process. Background: The Chamonix Neighborhood in West Vail development is advancing forward. This new development is intended to be a deed restricted, for -sale residential development for current and future residents of the Vail community. An important next step in the development process is to identify the terms of the deed restrictions which will ensure permanent, year round occupancy and the lottery process that will be used to sell the new homes to the future home owners. Staff Recommendation: As this is a worksession, no formal action of the Vail Town Council is being requested at this time. Based upon information and feedback received, the town staff will return to the Vail Town Council at a future public hearing to allow for public comment and input to request a final decision on the deed restriction terms and the lottery selection process. In doing so, the staff recommends that the Vail Local Housing Authority considers the options and issues around the deed restriction and lottery process for the Chamonix Neighborhood and forwards its recommendation to the Vail Town Council for consideration. 3. Interviews for Boards and Commissions 3.1. Vail Local Licensing Authority Interviews Presenter(s): Patty McKenny, Town Clerk Action Requested of Council: Conduct two interviews with interested 15 min. November 1, 2016 - Page 2 of 7 applicants to serve on the VLLA. Background: Recent vacancy on the VLLA requires one mid cycle appointment to the Authority. The appointment includes a term that will expire June 2017. 3.2. Art in Public Places Board (AIPP) Interviews 15 min. Presenter(s): Patty McKenny, Town Clerk Action Requested of Council: Conduct interviews with AIPP applicants. Background: Recent vacancy on the AIPP requires a mid cycle appointment to the Board. The appointment includes a term that will expire March 2017. 4. Information Update 4.1. Revenue Highlights 5 min. 4.2. September 2016 Sales Tax Report 4.3. Gore Valley Trail near Ski Club Vail Memorandum 5. Matters from Mayor, Council and Committee Reports 6. Executive Session 6.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) - to 45 min. discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regard i ng: Chamonix Housing Project Presenter(s): Matt Mire, Town Attorney 7. Recess 7.1. Recess at 4:30 pm Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. November 1, 2016 - Page 3 of 7 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: DRB/PEC Update PRESENTER(S): Chris Neubecker, Planning Manager ATTACHMENTS: Description October 19, 2016 DRB Meeting Results October 24, 2016 PEC Meeting Results TOWN OF VAIP November 1, 2016 - Page 4 of 7 TOWN OF VAIL' DESIGN REVIEW BOARD AGENDA PUBLIC MEETING October 19, 2016 Council Chambers 75 South Frontage Road West - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Rollie Kjesbo (Arrived at 3:00 PM) Doug Cahill Peter Cope Andy Forstl PROJECT ORIENTATION SITE VISITS 1. Puczynski Residence - 1714 Buffehr Creek Drive 2. AJW properties II, LLC - 100 E Meadow Drive 3. Galvin Residences - 303 Gore Creek Drive, Units 11 and 12 4. Woodings Residence, 1694 Matterhorn Circle MAIN AGENDA Marriott Residence Inn DRB16-0339 Final review of new construction (lodge, employee housing & parking) 1783 North Frontage Road West/Lot 9, Buffehr Creek Resubdivision Applicant: Vail Hotel Owner ESHV LLC, represented by Mauriello Planning Group ACTION: Table to January 4, 2017 MOTION: Cahill SECOND: Forstl VOTE: 5-0-0 2. Gorla Residence DRB16-0340 Final review of new construction (duplex) 4822 Meadow Lane/Lot 9, Block 7, Bighorn Subdivision 5t" Addition Applicant: Vincent Gorla, represented by Concept 30 ACTION: Table to November 2, 2016 MOTION: Cahill SECOND: Forstl VOTE: 5-0-0 3. Jackson Residence DRB16-0407 Final review of an exterior alteration (deck, stairs) 2475 Garmisch Drive Unit 1/1-ots 5 & 6, Block H, Vail Das Schone Filing 2 Applicant: Dominique Jackson ACTION: Table to November 2, 2016 MOTION: Cahill SECOND: Forstl VOTE: 5-0-0 4. Puczynski Residence DRB16-0467 Final review of an addition (GRFA) 1714 Buffehr Creek Road/Lot 3 Lia Zneimer Subdivision Applicant: Sharon Puczynski, represented by Current Architects ACTION: Approve MOTION: Cahill SECOND: Forstl VOTE: 5-0-0 Page 1 1:00pm 3:00pm Matt Matt Matt Matt November 1, 2016 - Page 5 of 7 5. AJW Properties II, LLC DRB16-0468 Matt Final review of an exterior alteration (windows, doors, entry roof, chimney) 100 East Meadow Drive Units 7A, 8, 21, 22/Lot O Block 5D Vail Village Filing 1 Applicant: AJW Properties II, LLC represented by Current Architects ACTION: Approve, with conditions MOTION: Cahill SECOND: Forstl VOTE: 5-0-0 CONDITION(S): 1. The applicant shall modify the proposed southwest elevation to replace the central three (3) glass accordion doors with windows to match the new windows proposed on the north elevation. The existing height of the stone wainscoting on the exterior wall shall be maintained. 2. The applicant shall modify the proposed mechanical chase chimney to be stone clad in its entirety. 3. The applicant shall landscape the existing gravel area underneath the cantilevered second floor on the east elevation, unless the area is altered by approval of the Planning and Environmental Commission and associated Design Review Board application for a change to approved plans within one (1) year. 6. The Little Diner DRB16-0445 Final review of an addition (entrance) 616 West Lionshead Circle Unit 204 (Concert Hall Plaza)/Lot 1, Applicant: The Little Diner, represented by Pierce Architects ACTION: Approve MOTION: Cahill SECOND: Forstl Brian Vail Lionshead Filing 4 VOTE: 4-0-1 (Pierce Recused) 7. Woodings Residence DRB16-0442 Final review of an addition (living, dining) 1694 Matterhorn Circle/Lot 12, Matterhorn Village Applicant: Ted & Samira Woodings, represented by Martin Manley Architects ACTION: Approve MOTION: Forstl SECOND: Cahill VOTE: 5-0-0 8. Vail Golf Course DRB16-0413 Final review of an exterior alteration (golf driving range) 1775 Sunburst Drive/Lot 3, Sunburst Filing 3 Applicant: Vail Recreation District, represented by Scott O'Connell ACTION: Table to November 2, 2016 MOTION: Forstl SECOND: Cahill VOTE: 5-0-0 9. Galvin Residence DRB16-0443 Final review of an addition 303 Gore Creek Drive Unit 11/Lot 11, Block 5, Vail Village Filing 1 Applicant: Michael Galvin, represented by KH Webb Architects ACTION: Approve MOTION: Forstl SECOND: Kjesbo VOTE: 5-0-0 10. Galvin Residence DRB16-0444 Final review of an addition 303 Gore Creek Drive Unit 12/Lot 12, Block 5, Vail Village Filing 1 Applicant: Michael Galvin, represented by KH Webb Architects ACTION: Approve, with conditions MOTION: Forstl SECOND: Kjesbo VOTE: 5-0-0 CONDITION(S): Page 2 Chris Chris Jonathan Jonathan November 1, 2016 - Page 6 of 7 1. The applicant shall provide the Community Development Department staff with a color pallet and materials that differentiates from the adjacent Unit #11. Staff shall return to the DRB if any concerns are identified. STAFF APPROVALS A2Z Holdings LLC DRB16-0404 Brian Final review of an exterior alteration (landscaping) 363 & 383 Beaver Dam Road/Lots 2 & 3, Block 3, Vail Village Filing 3 Applicant: A2Z Holdings LLC, represented by Carmen Thain Hitchner Residence DRB16-0435 Brian Final review of an exterior alteration (landscaping) 1183 Cabin Circle/Lot 1, Block 1, Vail Valley Filing 1 Applicant: Leslie Hitchner, represented by Ceres Landcare Maher Residence DRB16-0437 Chris Final review of an exterior alteration (landscaping) 725 Foerst Road Unit B/Lot 6, Block 2, Vail Village Filing 6 Applicant: Joan Maher, represented by Ceres Landcare Katsos Ranch LLC DRB16-0438 Jonathan Final review of changes to approved plans (landscaping) 3235 Katsos Ranch Road/Lot 5, Block 1, Vail Village Filing 12 Applicant: Katsos Ranch LLC, represented by Martin Manley Architects FG Vail LTD DRB16-0439 Final review of an exterior alteration (garage, driveway) 332 Mill Creek Circle/Lot 11, Block 1, Vail Village Filing 1 Applicant: FG Vail LTD, represented by Suman Architects Matt Broe Residence DRB16-0440 Brian Final review of an exterior alteration (boiler enclosure) 1290 Westhaven Circle/Lots 26 & 27, Glen Lyon Applicant: 1290 Westhaven LLC, represented by Alm Architects, Inc. RCW Vail/Danielsen Residence DRB16-0449 Jonathan Final review of an exterior alteration (paint, garage door, light) 2039 Sunburst Drive Units A & B/Lot 16, Vail Valley Filing 3 Applicant: RCW Vail & Barry Danielsen, represented by Nedbo Construction Vail Golf Course Hole 14 DRB16-0450 Final review of an exterior alteration (bank restoration) Vail Golf Course Hole 14/Part of Tract F, Vail Village Filing 11 Applicant: Town of Vail, represented by Tom Kassmel Welles Residence DRB16-0451 Final review of an exterior alteration (window) 303 Gore Creek Drive Unit 6B/Lot 1-6, Block 5, Vail Village Filing 1 Applicant: Deborah Welles, represented by Nedbo Construction Burn Residence DRB16-0452 Final review of an exterior alteration (landscaping) 1905 Sunburst Drive/Lot 9, Vail Valley Filing 3 Applicant: Harry Burn, represented by Ceres Landcare Page 3 Chris Matt Brian November 1, 2016 - Page 7 of 7 Knuepfer Residence DRB16-0454 Final review of an exterior alteration (landscaping) 748 Potato Patch Drive Unit A/Lot 7, Vail Potato Patch Filing 2 Applicant: David Knuepfer, represented by Earthwise Inc. Brian Riva Ridge Chalets North DRB16-0455 Chris Final review of an exterior alteration (Snowmelt) 133 Willow Bridge Road/Lot 6, Block 6, Vail Village Filing 7 Applicant: Riva Ridge Chalets North, represented by Paul Breitenwischer McNutt Residence DRB16-0461 Jonathan Final review of an exterior alteration (deck) 5175 Black Gore Drive Unit A-1/Lot 1-5, Cedar Point Townhouses Filing 1 Applicant: John McNutt Anschutz Residence DRB16-0462 Brian Final review of an exterior alteration (hot tub) 416 Forest Road Unit A/Lot 3, Block 1, Vail Village Filing 3 Applicant: Elizabeth Anschutz, represented by Maximum Comfort Pool & Spa Nancy B. Oliver Trust DRB16-0465 Jonathan Final review of an exterior alteration (chimney) 754 E. Potato Patch Road/ Lot 3 Block 2 Vail Potato Patch Filing 1 Block 2 Applicant: Nancy B. Oliver Trust, represented by HMR Construction and Remodeling Smittkamp Residence DRB16-0466 Brian Final review of an exterior alteration (doors) 1881 Lions Ridge Loop Unit 32/1-ot 1, Block 3, Lions Ridge Filing 3 Applicant: Jim Smittkamp, represented by Jason Russell The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town Council Chambers. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Design Review Board will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Page 4 November 1, 2016 - Page 8 of 7 TOWN Of VA10 PLANNING AND ENVIRONMENTAL COMMISSION October 24, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Members Present: Chairman Rediker, Brian Gillette, John Ryan Lockman, and Brian Stockmar Absent: Kirk Hansen, Ludwig Kurz, and Henry Pratt 2. A request for a recommendation to the Vail Town Council of an application to establish Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9, (A) Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West / Lot 9, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030) Applicant: Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning Group Planner: Matt Panfil Action: Table to November 14, 2016 Motion: Lockman Second: Gillette Vote: 4-0 3. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Applicant: Town of Vail Planner: George Ruther Action: Table to November 28, 2016 Motion: Lockman Second: Gillette Vote: 4-0 4. Approval of Minutes October 10, 2016 PEC Meeting Results Action: Approve Motion: Lockman Second: Stockmar Vote: 4-0 5. Informational Update Comprehensive Planning and Zoning Connection — Chris Neubecker Referencing a PowerPoint presentation, Mr. Neubecker discussed the connection between comprehensive planning, land use plans, and zoning. Topics included: the purpose, history, and components of a comprehensive plan, the comprehensive planning process, the purpose of a land use plan as one component of the comprehensive plan, a summary of zoning as a regulatory tool for land use planning, the use of small area plans as a more detail -oriented complement to comprehensive plans, and current trends in comprehensive plans. November 1, 2016 - Page 9 of 7 Commissioner Comments and Questions: Gillette — The Vail 20/20 Plan is the Town's Comprehensive Plan? Neubecker — It is a combination of plans and documents, including the 20/20 Strategic Action Plan and the Land Use Plan, plus the Transportation Master Plan, Art in Public Places Plan, and several other plans. Rediker — Why is the Lionshead Redevelopment Master Plan completely separate from other plans? Neubecker — There were different issues and characteristics of Lionshead that warranted its own separate plan. Gillette — Is Ever Vail part of the Lionshead Master Plan? Spence — Yes, the Lionshead Master Plan was amended to include Ever Vail. Neubecker — The Lionshead Master Plan also had many incentives built into the document to promote redevelopment. Gillette — Is there a timeline for a West Vail Master Plan? Neubecker — There is potential to begin planning in 2017. Spence — What does a West Vail Master Plan mean to the PEC? Rediker — Outside of the Village core, are there any other plans that impact residential properties? Spence — West Vail is an area with the greatest disconnect between recommended land use and current zoning. Lockman — Can it be addressed by just changing the Land Use Plan? Spence — The Land Use Plan is more consistent with the physical reality, it is the zoning that is not. Lockman asked about the community engagement process and stated that it seems residents are looking for a forum in which to discuss a West Vail Master Plan. Neubecker — Public participation will be crucial to any West Vail Master Plan. Spence — There was a time when a lot of properties in West Vail were downzoned. Gillette — The existing densities and uses seem to work well in West Vail. The PEC discussed what the scope of a West Vail Master Plan should be and how it could be used to incentivize the redevelopment of properties within West Vail. 6. Adjournment Action: Adjourn Motion: Stockmar Second: Lockman Vote: 4-0 November 1, 2016 - Page 10 of The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. Community Development Department November 1, 2016 - Page 11 of TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Initial Findings of the USFS Feasibility Study completed by Western Land Group, Inc. The study was commissioned by the Vail Town Council to determine the feasibility of acquiring certain USFS lands adjacent to the Town of Vail municipal boundary. While other uses may be appropriate, the expressed purpose of this study and any subsequent acquisition would be for the purposes of providing land for the development of resident housing. PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Does the Vail Town Council wish to pursue further discussions and actions towards acquiring federal lands adjacent to the Town's municipal boundary at this time? BACKGROUND: The Town of Vail contracted federal land acquisition consulting services with Western Land Group, Inc. and its principal, Tom Glass, to determine the feasibility of acquiring certain USFS lands adjacent to the Town of Vail municipal boundary. Upon completion of the two- phase feasibility study approach, Western Land Group, Inc. has concluded that there are parcels of federal land that may be eligible for acquisition from USFS. STAFF RECOMMENDATION: Should the Vail Town Council choose to pursue discussions of certain land acquisitions with the USFS the Town staff recommends that a process for public engagement and community conversation be initiated and a strategy for discussions and negotiations with the USFS be adopted by the Town Council. Further, the Town staff recommends that the Land Ownership Adjustment Agreement be reviewed to determine which steps, if any, need to be taken with regard to said Agreement. It should also be noted that the Town staff has initiated an update to the Town of Vail Comprehensive Open Lands Plan as there may be benefit to incorporating this effort into the Open Lands Plan effort. ATTACHMENTS: Description Staff Memorandum W LG Memo Open Lans Potential Acquisitions Map of Federal Lands November 1, 2016 - Page 12 of Bighorn Sheep Habitat November 1, 2016 - Page 13 rowN ofvain Memorandum To: Vail Town Council From: George Ruther, Director of Community Development Date: November 1, 2016 Subject: USFS Feasibility Study Report I. SUMMARY The Town of Vail contracted federal land acquisition consulting services with Western Land Group, Inc. and its principal, Tom Glass, to determine the feasibility of acquiring certain USFS lands adjacent to the Town of Vail municipal boundary. Upon completion of the two-phase feasibility study approach, Western Land Group, Inc. has concluded that there are parcels of federal land that may be eligible for acquisition from USFS. Should the Vail Town Council choose to pursue discussions of certain land acquisitions with the USFS the Town staff recommends that a process for public engagement and community conversation be initiated and a strategy for discussions and negotiations with the USFS be adopted. II. PURPOSE The purpose of this meeting is to present to the Vail Town Council the initial findings of the USFS Feasibility Study completed by Western Land Group, Inc. The study was commissioned by the Vail Town Council to determine the feasibility of acquiring certain USFS lands adjacent to the Town of Vail municipal boundary. While other uses may be appropriate, the expressed purpose of this study and any subsequent acquisition would be for the purposes of providing land for the development of resident housing. III. BACKGROUND The availability of resident housing has been a longstanding challenge for the Vail community. While many factors have contributed to this challenge over the years, the two most often cited issues are 1) the availability of financial resources, and 2) the availability of vacant land to build upon. The Feasibility Study is an attempt to proactively seek out available land resources for the purposes of building resident housing in the community. The Vail Town Council instructed town staff to contract for professional federal land acquisition consulting services and authorized the expenditure of up to $10,000 to investigate the feasibility of acquiring federal lands adjacent to the Town's current municipal boundary from the United States Forest Service. In doing so, Western Land Group, Inc, of Denver, Colorado was retained to complete a specified scope of services. Western Land Group, Inc. ("WLG") is a public lands consulting firm focused primarily on acquisition of Federal lands by non -Federal clients. WLG drafted and successfully lobbied for enactment of the Federal Land Exchange Facilitation Act as well as dozens of other public land November 1, 2016 - Page 14 of laws. Most of the firm's work is administrative in nature and is spread across a range of Federal land tenure authorities. No other firm in America matches the experience and success of WLG. Because of its unique niche in the public lands arena most of the firm's public sector clients have determined that contracts with WLG meet sole source procurement requirements. A Scope of Services Agreement was executed with Western Land Group, Inc. in May of 2016. According to the Agreement, WLG ("Contractor") was to: • Contractor shall identify valuation experts with experience and success in preparing appraisals for the USDA Forest Service. Contractor expects that the Town will want to contract with one of them to establish a range of values for the Federal parcels as well as any parcels that the Town may consider acquiring to exchange to the Forest Service for the Federal land. • Contractor shall identify lands that the Town may consider acquiring as trade bait for a potential land exchange or other Federal transaction with the Forest Service. Should the Town decide to pursue a land exchange or other Federal transaction Contractor shall assist the Town in obtaining a purchase option or other mechanism to secure the land for a subsequent transaction with the Forest Service. • Contractor shall provide a written report summarizing findings. Contractor's report will include recommendations as well as cost and timetable estimates for completing the contemplated transaction(s). In addition, the report will include our prognosis for successfully completing the transaction. • Contractor shall meet with Town officials to further discuss our report and to answer questions or concerns regarding the Contractor's report and recommendations. This commitment is limited to two meetings to be held within 30 days of completion the report. In furtherance of their work, the Town staff met with WLG and identified eleven (11) parcels of federal lands which may have potential for acquisition from the USFS. An initial set of evaluation criteria was created to objectively evaluate the potential of acquisition. The initial evaluation criterion was selected to focus the evaluation on the most basic of considerations. If the Vail Town Council decides to move forward with further evaluation of any or all of the parcels more detailed and site specific criteria should be developed. IV. REPORT CONCLUSIONS AND FINDINGS In summary, the findings of the Feasibility Study conclude that most of the federal land parcels identified can be acquired from the USFS by the Town of Vail. According to the Feasibility Study, There are no prohibitions contained within the White River National Forest Land and Resource Management Plan ("Forest Plan") that prohibit the Forest from considering disposal of any of the identified Federal parcels. However, the Forest Plan would make disposal of the western parcels relatively straightforward as the Forest Plan land management prescription for the westernmost parcels is "Intermix." Intermix is intended to accommodate urban services and to provide a buffer between urban and forest activities. There is no Plan prohibition against moving such a buffer to accommodate urban growth. Town of Vail Page 2 November 1, 2016 - Page 15 of The most difficult parcels to acquire are located in areas with significant wildlife impacts. One parcel is located in an area of East Vail north of the frontage road that is critical habitat for the local bighorn sheep herd. The two easternmost parcels are near the bottom of Vail Pass, which is an important for lynx migration and other lynx activities. The parcel configurations identified by staff are not the exact parcel configurations that would be proposed to the Forest Service. In simplistic terms, the Federal will need to be configured to simplify boundary management. Straight lines will be proposed whenever possible, and isolated parcels of Federal and private will be avoided. Final parcel configurations will be approved by the Town and the Forest Service. WLG recommends addressing local issues and concerns in terms of the Town of Vail land use code as well as in purely political terms. For example, one or more of the identified parcels may trigger hot button reactions that the Town Council would want to avoid. A copy of the Memorandum from Western Land Group, Inc., dated September 15, 2016, and the supporting evaluation tables and parcels maps have been attached for reference. V. NEXT STEPS The work obligated under the terms of the Scope of Services Agreement with Western Land Group, Inc. has been completed. Should the Vail Town Council choose to pursue discussions of certain land acquisitions with the USFS the Town staff recommends that a process for public engagement and community conversation be initiated and a strategy for discussions and negotiations with the USFS be adopted by the Town Council. Further, the Town staff recommends that the Land Ownership Adjustment Agreement be reviewed to determine which steps, if any, need to be taken with regard to said Agreement. It should also be noted that the Town staff has initiated an update to the Town of Vail Comprehensive Open Lands Plan as there may be benefit to incorporating this effort into the Open Lands Plan effort. Town of Vail Page 3 November 1, 2016 - Page 16 of NWestern : Land � Group, Inc. 1760 High Street, Denver, CO 80218 • (303) 715-3570 Office • (303) 715-3569 Fax • www.westernlandgroup.com MEMORANDUM TO: George Ruther FROM: Western Land Group, Inc. DATE: September 15, 2016 SUBJECT: Potential Acquisition of Federal Lands This memo summarizes and expands upon the tables that we sent you last month. In summary, we are pleased to report that most of the Federal land that your staff identified can be acquired by the Town of Vail. There are no prohibitions contained within the White River National Forest Land and Resource Management Plan ("Forest Plan") that prohibit the Forest from considering disposal of any of the identified Federal parcels. However, the Forest Plan would make disposal of the western parcels relatively straightforward as the Forest Plan land management prescription for the westernmost parcels is "Intermix." Intermix is intended to accommodate urban services and to provide a buffer between urban and forest activities. There is no Plan prohibition against moving such a buffer to accommodate urban growth. The most difficult parcels to acquire are located in areas with significant wildlife impacts. One parcel is located in an area of East Vail north of the frontage road that is critical habitat for the local bighorn sheep herd. The two easternmost parcels are near the bottom of Vail Pass, which is an important for lynx migration and other lynx activities. The parcel configurations identified by your staff are not the exact parcel configurations that we will propose to the Forest Service. In simplistic terms, the Federal boundary that we propose to the Forest Service will need to be configured to simplify boundary management. Straight lines will be proposed whenever possible, and isolated parcels of Federal and private will be avoided. Final parcel configurations will be approved by the Town and the Forest Service. We suggest that you now address local issues and concerns in terms of the Town of Vail land use code as well as in purely political terms. For example, one or more of the identified parcels may trigger hot button reactions that the Town Council would want to avoid. Once you and the Town Council have decided which parcels to pursue WLG will provide you with a new employment agreement to pursue acquisition of the subject parcels. As a first step we will work with you and a valuation expert with experience and success in preparing Federal appraisals to establish individual parcel values. In addition, WLG will perform additional research regarding outstanding issues such as the various public land and wildlife issues November 1, 2016 - Page 17 of identified in the tables and appendices and provide you with cost and timetable estimates for completing the contemplated transaction(s) with the Forest Service. With land values and transaction costs identified the Town will be in a position to make a sound business decision regarding acquisition of the identified Federal lands.own Vail Gov.8436.1.7rown_of_Vail_Federal Land_ Acquisition.docx 10/28/2016 November 1, 2016 - Page 18 of Source: Western Land Group and Town of Vail Community Development Department. November 1, 2016 - Page 19 of 71 Analysis of U.S. Forest Service Property for Potential Acquisition for Resident Housing (November 1, 2016) Walking distance to Inside Roadless Encumbrance Additional Issues/ Slope (>30% or Geologically Sensitive Parcel Acres Forest Plan Encumbrances Source of Info Wildlife Access and Utilities nearest public Adjacent uses Annexation criteria Other Area Comments Comments <30 ) Areas (GSA) transit Access through TOV O.S. or Entire parcel in CPW and Governor Lynx Potential Habitat; Water Tank parcel at end of Potential small site Federal survey will Portions <30%, Fair 0.5 miles (steep Single family, Open Contiguous to TOV 1 7.01 East Vail address Roadless on a None Peregrine falcon nesting Snowshoe Ln. Steep road. Potential rock fall area directly behind water be required portions >30% walk back) Space, USFS boundary Roadless Area case-by-case basis area Site higher than water tank tank. (no service) 1.08 acres in CPW and Governor Lynx Potential Habitat; Potential access from Wetlands on portion of Portions <30%, Portions adjacent to or Rock fall (High) on 2 2.61 East Vail address Roadless on a None Peregrine falcon nesting Snowshow Ln. or private Excellent (0.1 miles) Single family, duplex site; Possible moose portions >30% near TOV boundary portions of site Road less Area case-by-case basis area driveway habitat More research is Lynx Potential Habitat; COC -010482: Highway needed to confirm Difficult; One lane road Peregrine falcon nesting Additional Utility and Highway ROW easement issued MTP (not listed in existence of easement under 1-70; Possible access Single family, duplex Contiguous to TOV Long (new) driveway for 3 3.62 No area; black bear summer research needed >30% Good (0.3 miles) Rockfall (Medium) Corridor by USDOT for Interstate LR2000 database) and purpose; location from Columbine Dr. (bridge and USFS boundary access concentration; Elk re ROWS 70 Project in 1969 shown on MTP is NE of summer/winter range over creek) Interstate 70 Lynx Potential Habitat; More research is Adjacent to Sheep COC -010482: Highway needed to confirm Habitat/Bighorn Severe Debris Flow (High) on Additional Impacts to Pitkin Creek Utility and Highway ROW easement issued MTP and LR2000 existence of easement Winter Range; Peregrine Not too steep; proximity to Townhomes, Duplex, Contiguous to TOV small portion; Rockfall 4 4.79 No research needed >30% Good (0.27 miles) trail and trailhead Corridor by USDOT for Interstate database and purpose; location falcon nesting area; black Pitkin Creek USFS boundary (Medium); Floodplain re ROWS parking. 70 Project in 1969 shown on MTP is NE of bear summer on portion of site Interstate 70 concentration; Elk summer/winter range Additional research needed Lower portion of Sheep Habitat/Bighorn According to MTP and to resolve site, near 1-70 is Walking distance to Severe Winter Range; Excellent access from N. Very good (0.20 5 4.68 No USFS GIS data, parcel n/a (private land) ownership issues. flatter; Parts 1-70 & USFS Within TOV boundary Rock Fall (High Severity) Pitkin Creek Black bear summer Frontage Rd. miles) is on not on NFS lands Assessor data and >30%/ Parts Commercial; concentration Federal data are <30% / not consistent. Re-examine parcel size. It appears Good access from Potato Forestry, Flora and Lynx Potential Habitat; that a larger Patch Dr. One road for 6 7.92 No Fauna, Miscellaneous None Black bear summer development access, may be Fire Dept. Poor (0.95 miles) Duplex and USFS Contiguous to TOV Rockfall (Medium) Sunny, south facing; boundary Goods and Services concentration parcel could be concerns with more available at this residential units location Source: Western Land Group and Town of Vail Community Development Department. November 1, 2016 - Page 19 of 71 Source: Western Land Group and Town of Vail Community Development Department. November 1, 2016 - Page 20 of 71 Walking distance to Inside Roadless Encumbrance Additional Issues/ Slope (>30% or Geologically Sensitive Parcel Acres Forest Plan Encumbrances Source of Info Wildlife Access and Utilities nearest public Adjacent uses Annexation criteria Other Area Comments Comments <30%) Areas (GSA) transit Executive Order issued on 3/16/1912 creating Portion of the withdrawal for Power Lynx Potential Habitat; 0.12 acres in Executive Order, GLO itt Power Site e Site Reservation 253; Black bear summer Good access from Garmisch Single family, duplex, Contiguous to TOV Impacts to social trail; 7 0.87 Buffer Mtn. Inter -Mix General Land Office Order (not shown on concentration; Elk withdrawal would Dr. Mostly <30% Poor (0.55 miles) townhomes, USFS boundary Debris Flow (High) Gore Range views Roadless Area MTP) need to be Order issued on summer/winter range revoked. 4/13/1945 clarifying location of withdrawal Larger Lynx Potential Habitat; development Inter -Mix. CPW and 14.2 acres in Mule deer concentration parcel could be Governor address Poor access (unless Parcel 9 Portions <30%, Poor (0.960 miles); Single family and Not contiguous to TOV 8 17.95 Game Creek None area; black bear summer / available at this ??? No good access options Roadless on a case -by acquired) portions >30% Steep walk back duplex boundary Roadless Area fall concentration; elk location. Also see case basis summer/winter range comments re parcel 9 below. According to MTP and Acquisition of this USFS GIS data, parcel Mule deer concentration parcel may Rock Fall (Medium) is on not on NFS lands; area; black bear summer / provide access Steep access from Vermont Not contiguous to TOV through portion of site. Possible wetlands in 9 7.59 No n/a (private land) <30% Poor (0.75 miles) Single family and USFS Eagle County Assessor fall concentration; elk and other benefits Road boundary Debris Flow portion of gully lists owner as MPH summer/winter range if parcels 8 and site (High) Homes LLC 10 are pursued. Larger Lynx Potential Habitat; development Small portion Inter -Mix. CPW and Poor access (unless Parcel 9 Entire parcel in Mule deer concentration parcel could be <30%, requires No good access options, Governor address acquired); Water service Not contiguous to TOV 10 34.67 Game Creek None area; black bear summer/ available at this access through Poor (1 mile) Single family and USFS ??? unless Parcel 9 also Roadless on a case -by may not be possible, due to boundary Roadless Area fall concentration; elk location. Also see steeper part of acquired. case basis water tank elevation. summer/winter range comments parcel lot to access; 9 above. Executive Order issued Lynx Potential Habitat; on 3/16/1912 creating Poor access; possible Mule deer concentration Portion of the Entire parcel in withdrawal for Power area; black bear summer/ Power Site No access (unless through Close to, but not road extension past Site Reservation 253; MTP, Executive Order, Single family, duplex Debris Flow (High) on water tank; Issues with 11 17.38 Game Creek Inter -Mix. fall concentration; Elk withdrawal would private land); site is higher >30% Poor (0.6 miles) contiguous, with TOV General Land Office GLO Order and USFS portion of site water service for land Roadless Area Summer/Winter/ Severe need to be than water tank (no service) boundary Order issued on above water tank; high Winter Range &Winter revoked 4/13/1945 clari in g groundwater Concentration Area location of withdrawal 109.09 Source: Western Land Group and Town of Vail Community Development Department. November 1, 2016 - Page 20 of 71 Potential Parcels Identified by Town of Vail to Acquire USFS Land Status Data = Reserved Public Domain Lands Acquired Lands Lands Disposed to Non -Federal Ownership Private Lands Eagles Nest Wilderness Area Boundary j Colorado Roadless Area Boundaries November 1, 2016 - Page 21 of Potential Parcels Identified by Town of Vail to Acquire USFS Land Status Data = Reserved Public Domain Lands Acquired Lands Lands Disposed to Non -Federal Ownership Private Lands Eagles Nest Wilderness Area Boundary j Colorado Roadless Area Boundaries November 1, 2016 - Page 22 of Potential Parcels Identified by Town of Vail to Acquire USFS Land Status Data = Reserved Public Domain Lands Acquired Lands Lands Disposed to Non -Federal Ownership Private Lands Eagles Nest Wilderness Area Boundary j Colorado Roadless Area Boundaries November 1, 2016 - Page 23 of Bighorn Sheep Habitat in the Vicinity of Potential Land Exchange Parcels Identified by the Town of Vail NZ Notes: 1) Habitat data created by the Colorado Parks and Wildlife GIS Unit for public distribution, updated 2/22/2016. 2) There is no Bighorn Sheep habitat in the vicinity of Parcels 1, 2, and 6 -10. Potential Parcels Identified by Town of Vail to Acquire Eagles Nest Wilderness Area Boundary Map Produced by WLG 8/30/2016 0 1,000 2,000 Feet 1:18,000 All - Bighorn Migration Patterns Bighorn Mineral Lick BBighorn Severe Winter Range ® Bighorn Winter Concentration Area Bighorn Production Area Bighorn Summer Range M November 1, 2016 - Page 24 of TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Recommendation for the process and procedures for determining deed restriction acquisitions as adopted by the Vail Housing 2027 Strategic Plan. PRESENTER(S): George Ruther, Director of Community Development and Steve Lindstrom, Chairman of the Vail Local Housing Authority ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to support the proposed recommendation in an effort to advance the goals of the Vail Housing 2027 Strategic Plan. If the Town Council supports the proposed recommendation the Town staff will return to the Town Council meeting on November 15th with a resolution authorizing the Vail Local Housing Authority to act as an agent of the Town. BACKGROUND: The Vail Town Council adopted the Vail Housing 2027 Strategic Plan. A strategic component of the Plan was the implementation of a new decision making structure related to the acquisition of resident housing deed restrictions. In furtherance of the Plan, the VLHA is recommending proposed criteria and findings to be used when making decisions on acquiring deed restrictions. The criteria and findings are intended to the align with the Town Council's adopted housing policies and programs. STAFF RECOMMENDATION: The Town staff and the Vail Local Housing Authority recommends the Vail Town Council adopts the deed restriction acquisition criteria and findings and instructs staff to return to the public hearing on November 15th with a resolution authorizing the VLHA to act as agent on the Town's behalf. ATTACHMENTS: Description Staff Memorandum November 1, 2016 - Page 25 of rowN ofvain Memorandum To: Vail Town Council From: Community Development Department Vail Local Housing Authority Date: November 1, 2016 Subject: Vail Housing 2027 Strategic Plan — Deed Restriction Acquisition Recommendation I. PURPOSE The purpose of this memorandum is to provide a recommendation for the process and procedures for determining deed restriction acquisitions as adopted by the Vail Housing 2027 Strategic Plan. The Vail Town Council is being asked to support the proposed recommendation in an effort to advance the goals of the Vail Housing 2027 Strategic Plan. II. BACKGROUND The Vail Housing 2027 Strategic Plan was adopted by the Vail Town Council on September 6, 2016, pursuant to Resolution No. 29, Series of 2016. As an action -oriented, results -based strategic plan, the recommendations for the three-part plan are very straightforward ... 1)A GOAL, 2) A MEANS, and 3) A METHOD. As a reminder, the goal is to acquire 1,000 additional deed restrictions for resident housing by the year 2027, the means are the money needed to make the acquisitions, and, the method refers to the decision-making structure for acquiring the deed restrictions as illustrated below. A New Decision - Making Structure Town Staff (Administration} November 1, 2016 - Page 26 of III. A NEW DECISION MAKING STRUCTURE According to the adopted Vail Housing 2027 Strategic Plan, in part, "To efficiently achieve the goal of acquiring 1, 000 additional resident housing unit deed restrictions by the year 2027 a new structure for decision-making is needed. The current decision making structure contains multiple layers of bureaucracy, is costly and time consuming, inefficient, indecisive, reactive in approach and does not achieve the Town's desired results of addressing the resident housing needs of the community. A new decision-making structure is needed to get better results. The new structure must include a new decision-making body that is: • singular in mission and focus, • empowered and results -oriented, • time sensitive and responsive in its actions, • adaptable to an ever dynamic real estate market, • consistent and predictable, and • timely within the Town's development review process. The new structure requires built-in mechanisms of accountability for decision making and twice annual reporting requirements. It must be built on a foundation grounded by predetermined criteria for sound decision making and evaluation when deciding on the acquisition of deed restrictions to ensure policy objectives are being met. It requires participation from experts in the fields of real estate finance and development, residential property lending, real property acquisition, affordable housing policy and program implementation, public finance and administration, and real property analysis, valuation and appraisal. Each of these characteristics ensures that the new structure is organized and aligned in such a way that the Town achieves its Ten Year Goal for housing. Most importantly, the decision-making structure must ensure that the decision-making body, acting as a special agent of the Town of Vail, has the authority to take action towards achieving the goal and dispense the funds needed to acquire deed restrictions. The five -member Vail Local Housing Authority (VLHA) should be appointed as the new decision-making body authorized as a special agent to act on behalf of the Vail Town Council. There are numerous compelling reasons to appoint the VLHA as the Town's special agent. Those reasons include: • The VLHA is a statutory authority created under Colorado Revised Statutes (CRS 29-4- 204) and granted powers of authority (CRS 29-4-209) which include, in part, o to grant or lend moneys or otherwise provide financing to any person, firm, corporation for any project or any part thereof, o to pledge or otherwise encumber any of its moneys in support o of on connection with a project, and o to purchase, lease, obtain option upon, or acquire any property, real or personal, or any interest therein from any person, firm, corporation, the city, or a government. • The VLHA is uniquely positioned to fill this role due to its singular purpose and focus. Town of Vail Page 2 November 1, 2016 - Page 27 of • The VLHA members are appointed by the Vail Town Council, and therefore, its membership can include experts with the appropriate background and experiences to carry out the Town's adopted housing policies. • The VLHA was created to focus its efforts on maintaining and expanding the supply of resident housing opportunities in the community. • The VLHA members serve five-year staggered terms. " IV. RECOMMENDED CRITERIA/FINDINGS FOR DEED RESTRICTION ACQUISITIONS In furtherance of the new decision making structure adopted by the Vail Housing 2027 Strategic Plan the Vail Local Housing Authority recommends the following criteria and findings be used when making determinations on whether to spend appropriated funds to acquire additional deed restrictions for resident housing: • Supports and maintains a permanent year-round resident population in an effort to sustain community • Furthers the goal adopted in the Vail Housing 2027 Strategic Plan • Consistent with the housing policies adopted by the Vail Town Council for the acquisition of deed restrictions for resident housing • Demonstrated demand exists within the resident housing market for the type of residential product (studio, flat, townhome, duplex, single family, etc.) that is to be deed restricted • Fulfills a demonstrated need within a defined segment (i.e. seasonal, for rent, for sale, owner occupied, etc.) of the residential property market. • Demonstrates a quantifiable return on investment based upon the conclusions of the Economic Value of the Town's Investment in Employee Housing Report, prepared by BBC, dated March 12, 2012 • The market value of the deed restriction is comparable in value to other existing deed restrictions within the community as demonstrated by a licensed real estate appraiser • Most cost effective and efficient use of the Town's limited supply of financial resources • Fair market value is paid for the deed restriction relative to current market conditions (i.e. supply & demand) Once approved, the deed restriction acquisition criteria and findings will become adopted policy, and as such, shall be used by the VLHA in making deed restriction acquisition determinations, unless otherwise modified or amended by the Vail Town Council. The Vail Local Housing Authority is recommending that the Town not implement a formulaic approach to deed restriction acquisitions. A formulaic approach lacks flexibility, is non- responsiveness to market conditions, is complex, becomes reactive, is less effective, and can become contrary to the goal of acquiring deed restrictions. V. DEFINITION OF SUCCESS The new decision making structure recommended by the Vail Housing 2027 Strategic Plan requires, at a minimum, a twice annual reporting obligation of the Vail Local Housing Authority to the Vail Town Council. The intended purpose of this obligation is to provide oversight and ensure that the Authority acts within the best interest of the Town in its fiduciary role in acquiring deed restrictions. To that end, pursuant to the terms of Resolution No. 34, Series of 2016, Town of Vail Page 3 November 1, 2016 - Page 28 of "The Town Council may modify or revoke the VLHA's agency designation at any time, in the Town Council's sole discretion." The Town's Deed Restriction Acquisition Program is unlike any other housing program in place at this time. In many ways it is a fundamentally different approach to a reoccurring and longstanding challenge in many resort communities. For that reason, there is little to no historical data or past experiences to reference as measures of success going forward. Therefore, the VLHA and town staff proposes that the following definition of success be used to measure the first year's performance of the program: • Total number of net new deed restrictions acquired • Total number of net new bedrooms restricted • Total amount of new square footage restricted • Average cost per square foot for deed restricted properties • Average cost per net new deed restriction • Total number of Vail residents housed • Breakdown of household structure (i.e. household size, age of residents, adults vs. children, location of employment, etc.) • Previous location of residency • Approximate range of total household income • Total number of net new existing dwelling units deed restricted within the reporting period • Total number of for -rent homes restricted versus for -sale homes restricted Town of Vail Page 4 November 1, 2016 - Page 29 of TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Deed restriction and lottery process for the Chamonix Neighborhood in West Vail PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: As this is a worksession, no formal action of the Vail Town Council is being requested at this time. Based upon information and feedback received at this time, the town staff will return to the Vail Town Council at a future public hearing to request a final decision on the deed restriction terms and the lottery selection process. BACKGROUND: The Chamonix Neighborhood in West Vail development is advancing forward. This new development is intended to be a deed restricted, for -sale residential development for current and future residents of the Vail community. An important next step in the development process is to identify the terms of the deed restrictions which will ensure permanent, year round occupancy and the lottery process that will be used to sell the new homes to the future home owners. STAFF RECOMMENDATION: As this is a worksession, no formal action of the Vail Town Council is being requested at this time. Based upon information and feedback received, the town staff will return to the Vail Town Council at a future public hearing to allow for public comment and input to request a final decision on the deed restriction terms and the lottery selection process. In doing so, the staff recommends that the Vail Local Housing Authority considers the options and issues around the deed restriction and lottery process for the Chamonix Neighborhood and forwards its recommendation to the Vail Town Council for consideration. ATTACHMENTS: Description Staff Memorandum Arosa Deed Restriction November 1, 2016 - Page 30 of rowN ofvain Memorandum To: Vail Town Council From: George Ruther, Director of Community Development Date: November 1, 2016 Subject: Chamonix Neighborhood - Worksession to Discuss Deed Restriction and Lottery Process Purpose The purpose of this worksession is to begin discussions regarding the deed restriction and lottery process for the Chamonix Neighborhood in West Vail. As this is a worksession, no formal action of the Vail Town Council is being requested at this time. Based upon information and feedback received at this time, the town staff will return to the Vail Town Council at a future public hearing to request a final decision on the deed restriction terms and the lottery selection process. The objectives of this worksession discussion are: Present proposed resident housing deed restriction terms for the new residential homes to be developed on the Chamonix Neighborhood property Present a lottery selection process for the new residential homes to be developed on the Chamonix Neighborhood property. Share the next steps in the process for determining the deed restriction terms and the lottery process to be used in the selection of the future home owners at the Chamonix Neighborhood. The Chamonix Neighborhood development helps the Vail Town Council achieves it adopted goal of "growing a thriving and balanced community'. Deed Restriction In general terms a deed restriction is a restriction on the deed to a real property that places a restriction on the owner's use of the property. In most cases, the deed restriction runs in perpetuity with the land, and therefore, transfers with changes in ownership over time. Due to its restrictive nature, a deed restriction can affect the value of the property. It can be a form of interest in real estate without maintaining fee title interest in the property. November 1, 2016 - Page 31 of Over the years, the Town of Vail has drafted many different forms of deed restrictions for the purposes of advancing the Town's housing policies and programs. The type of residential unit to be restricted largely determines the form of deed restriction that is recorded. For instance, the Town has a different form of deed restriction for residential homes which are owner occupied than residential homes that may be leased or otherwise made available for long term rental. Regardless of the form of the deed restriction, however, all of the deed restrictions exist for the sole purpose of restricting occupancy of the residential property to residences of the Town of Vail. In 2010, the Town of Vail constructed the Arosa Duplex at 2657 Arosa Drive. Upon sale of the new homes to the future owners the Town recorded a deed restriction on the real property. The basic terms of the deed restriction include the following: • Must meet the definition of "qualified buyer", which includes working an average of 30 hours per week on an annual basis, or if retired, the individual has worked a minimum of five years in Eagle County for that same 30 hours per week on average annually. • The property/unit is to be utilized only as the exclusive and permanent place of residence of the owner • owner may not rent the property or unit for any period of time unless a shared occupancy where the owner remains in the unit as permanent and exclusive resident • owner may not engage in business on the property other than what is allowed by zoning regulations • maximum resale price is purchase price plus 3% per year appreciation • maximum resale price may also include up to 10% of initial purchase price for permitted capital improvements for every 10 -year period of time • in the event of foreclosure, the town has an option to purchase the property/unit A copy of the Arosa Duplex Deed Restriction has been attached for reference. The Arosa Duplex Deed Restriction is an example of a form of deed restriction that the Town may choose to use for the future development of residential homes on the Chamonix Neighborhood property. The Arosa Duplex is most similar in ownership structure, product type and use as what has been contemplated at the Chamonix Neighborhood. In doing so, however, there are several options the Vail Town Council may want to consider and should discuss prior to making a final decision on the form of deed restriction to be used for the Chamonix Neighborhood. Options for consideration include: • adjusting the maximum resale price ( i.e. the appreciation cap) depending upon the level of financial subsidy provided • amending the definition of "qualified buyer" to include residents that may work remotely • strengthening the terms regarding rental opportunities to ensure short term occupancy is not permitted (i.e. VRBO, AirBnB, etc.) • allowing for residency -only occupancy 2 November 1, 2016 - Page 32 of • adjusting the maximum resale price depending upon the location of employment • amending the resale opportunities to ensure the more highly subsidized homes are resold to owners in a similar AMI bracket III. Lottery Process The Town of Vail has historically relied upon a weighted lottery process. In short, the weighted process provides preference to potential homebuyers that demonstrate compliance with certain weighting factors when selling town -developed, for sale, deed restricted homes with the community. Vail Commons, North Trail Townhomes, Red Sandstone Townhomes and the Arosa Duplex are all relevant examples of the this process. The Town's current lottery for the purchase of deed restricted employee housing includes the following criteria for basic eligibility: • Applicant intends to use property/unit as primary residence • Applicant may not own a current residence in Vail or Eagle County at the time of the application deadline • Applicant is currently working 30 or more hours per week on an annual basis at a licensed business within Eagle County, and must maintain this level of employment for as long a unit is owned by the applicant • Applicant must demonstrate that 75% of his/her income is earned from working at a licensed Eagle County business • Must be prequalified with a mortgage lender • The lottery applicant or applicant's immediate family may not have full or partial ownership in any other residential property or dwelling unit located in Eagle County; a current residence may not be deeded to a corporation or other entity in order to qualify for a deed restricted unit • For a three bedroom unit, the lottery applicant must have a household size of three or more Once basic eligibility is met, there is preference given to be prioritized for selection as a 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 • Current years of employment in Vail will be weighted at 3:1 over years of employment in Eagle County • Current years of residency in Vail shall be weighted at 3:1 over years of residence in Eagle County • Years of residency and/or employment prior to a leave from Eagle County are given points at a 1:1 ratio regardless of location of residency or employment within Eagle County • Seasonal work and part time work is counted on a pro -rata basis and may not be adequate to meet the 30 hours per week average annual requirement 3 November 1, 2016 - Page 33 of If two individuals are applying jointly, the years of employment and/or residency are not combined; the single individual with the longest record of employment/residency shall use his/her record for purposes of determining longevity The Town's current lottery process has its advantages and disadvantages. A review of the weighting factors reveals that it places the greatest importance and preference on duration of residency in the Town of Vail and location of employment. It could be argued that the weighting factors focus on providing homes for the local workforce with less emphasis on factors that contribute to maintaining and sustaining community. Regardless of the advantages and disadvantages, prior to making a final determination on the lottery process to be used for the selection of home buyers in the Chamonix Neighborhood, the Vail Town Council may want to consider, and should discuss, the lottery process to be used for the Chamonix Neighborhood. Options for consideration include: • A separate lottery process be conducted for the Chamonix Neighborhood development • Weighting factors that contribute maintaining and sustaining community • The importance and relevance of a weighted process that provides preference • The eligibility to own a three bedroom homes regardless of household size • The ability to participate in the lottery if you already own real estate IV. Action Requested As this is a worksession, no formal action of the Vail Town Council is being requested at this time. Based upon information and feedback received, the town staff will return to the Vail Town Council at a future public hearing to allow for public comment and input to request a final decision on the deed restriction terms and the lottery selection process. In doing so, the staff recommends that the Vail Local Housing Authority considers the options and issues around the deed restriction and lottery process for the Chamonix Neighborhood and forwards its recommendation to the Vail Town Council for consideration. 4 November 1, 2016 - Page 34 of „ro 201012563 R��TEA�Es;;uaA oo�:aE ”' 2°°" 06!22/2010 DEED RESTRICTION .11111111 ii[IIII I I III I I 1111111111111 FOR THE OCCUPANCY, RENTAL AND TRANSFER %� OF THE AROSA DRIVE DUPLEX UNITS v THIS DEED RESTRICTION AGREEMENT ("Deed Restriction") is entered into this 22nd day of June, 2010 by the TOWN OF VAIL, COLORADO. WHEREAS, the Town of Vail, Colorado (the "Town") owns the real property described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Town desires to restrict the acquisition or transfer of the Property to Qualified Buyers, as that term is defined in this Deed Restriction. WHEREAS, the Town further desires for this Deed Restriction to constitute a resale agreement setting forth the maximum sales price for which the property may be sold (Maximum Sales Price), the amount of appreciation and the terms and provisions controlling the resale of the Property should the Town desire to sell its interest in the Property at any time after the date of this Deed Restriction; and WHEREAS, the own desires to restrict the property from use and occupancy inconsistent with this Deed Restriction. NOW, THEREFORE, the party to this Deed Restriction does hereby agree to declare and impose the following covenants and restrictions on the property herein specified: 1. Property. The following real property is hereby burdened with the covenants and restrictions specified in this Deed Restriction: 2657 Arosa Drive Units A and B Vail, Colorado 81657, and more specifically described in Exhibit A. The Town shall record this Deed Restriction against the Property at the Town's expense. 2. Definitions. For purposes of this Deed Restriction, the following terms shall have the following meanings: a. Non -Qualified Owner means any person who does not meet the definition of a Qualified Buyer, as it is defined in this Deed Restriction. b. Owner means a person who is a Qualified Buyer and who acquires an ownership interest in the Unit in compliance with the terms and provisions of this Deed Restriction. A person shall only be deemed an Owner during the period of his or her ownership interest in the Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. 201012563 1 of 14 November 1, 2016 - Page 35 of C. Permitted Capital improvements means those improvements to a Unit, as described in Exhibit B, attached hereto and incorporated herein by this reference. d. Permanent Place of Residence means the home or place in which one's habitation is fixed and to which one has a present intention of returning after a departure or absence there from. In determining what is a permanent residence, Town Staff shall take the following circumstances into account: the Owner's business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. e. Person means a natural person and excludes any type of entity. f. Qualified Buyer means a person meeting the requirements set forth by the Town of Vail Employee Housing Guidelines or its substitute, as adopted by the Town and in effect at the time of the closing of the sale and who must represent and agree to the terms of this Deed Restriction. g. Transfer means any sale, assignment or transfer, voluntary or involuntary, of any interest in a Unit, including but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, and an interest evidenced by a land contract by which possession of the Property is transferred and Owner retains title, but not an encumbrance. h. Unit means either Unit A or Unit B located on the Property. 3, Occupancy Restrictions. a. The Property shall be continuously occupied by an Employee or a Qualified Owner. b. An Owner, in connection with the purchase of the Unit, shall: 1. Occupy the Unit on the Property as his or her sole and permanent place of residence; ii. Not engage in any business or activity on or in such Unit, other than as permitted within the zone district applicable to the Unit; iii. Sell or otherwise transfer such Unit in accordance with this Deed Restriction and the Town of Vail Employee Housing Guidelines; iv. Not sell or otherwise transfer such Unit for use in a trade or business; and 4 201012563 2 of 14 November 1, 2016 - Page 36 of V. Not permit any use or occupancy of such Unit except in compliance with this Deed Restriction. C. In the event that an Owner changes domicile or ceases to utilize the Unit as his or her sole and permanent place of residence, the Unit shall be offered for sale pursuant to the provisions of Section 5 hereof. Owner shall be deemed to have changed his or her domicile by becoming a resident elsewhere or accepting permanent employment outside of Eagle County, Colorado or residing in the Unit for fewer than nine (9) months per calendar year without the express approval of the Town. d. If at any time the Owner of the Unit also owns any interest alone or in conjunction with others in any developed residential property or dwelling unit located in Eagle County, Colorado, Owner shall immediately list said other property or unit for sale and to sell Owner's interest in such property at a sales price comparable to like units or properties in the in the area in which the property or dwelling unit is located. In the event said other property or unit(s) has not been sold by Owner within one hundred twenty (120) days of its listing, Owner shall immediately list the Unit for sale pursuant to the provisions of Section 5 of this Deed Restriction. It is understood and agreed that, in the case of an Owner whose business is the construction and sale of residential properties or the purchase and sale of such properties, the properties which constitute inventory in such an Owner's business shall not constitute other developed residential property or dwelling unit as those terms are used in this Section. 5. Transfers. a. If an Owner desires to sell the unit, the Owner shall execute a standard listing contract, approved by the Colorado Real Estate Commission with the Town providing for a one hundred eighty (180) day listing period, or such other period of time as required by the Town of Vail Employee Housing Guidelines in effect at the time of the listing. The Owner shall then deposit with the Town an amount equal to one-half percent (0.5%) of the estimated value of the Unit The Town shall promptly advertise the Unit for sale by competitive bid to Qualified Buyers. At the time of closing, the Owner shall pay the Town an additional one and one half percent (1.5%) of the total sale value of the Unit. b. If one qualified bid is received equal to the Maximum Sales Price described in Section 7(a) hereof, the Property shall be sold to such bidder at the Maximum Sales Price; C. If Owner receives two or more such bids equal to the Maximum Sales Price, the Qualified Buyer shall be selected according to the priority for Sale Units set forth in the Town of Vail Employee Housing Guidelines. d. If all such qualified bidders are of equal priority pursuant to the Town of Vail Employee Guidelines, the Qualified Buyer shall be selected by 3 201012563 3 of 14 November 1, 2016 - Page 37 of lottery among the Qualified Buyers, whereupon the Unit shall be sold to the winner of such lottery at the Maximum Sales Price. e. If the terms of the proposed purchase contract, other than price, are unacceptable to the Owner, there shall be a mandatory negotiation period of three (3) business days to allow the Owner and potential buyer to reach an agreement regarding said terms, including but not limited to, the closing date and financing contingencies. If, after the negotiation period is over, the Owner and potential buyer have not reached an agreement, the next bidder's offer will then be presented to the Owner for consideration and a three (3) business period negotiating period will begin again. f. The Owner may reject any and all bids; however, the Owner is subject to the provisions in the Town of Vail Employee Housing Guidelines pertaining to the listing fee. g. Bids in excess of the Maximum Sales Price shall be rejected. h. If all bids are below the Maximum Sales Price, Owner may accept the highest qualified bid. If all bids are below the Maximum Sales Price and two or more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. 6. Maximum Sales Price a. The Unit shall not be sold for an amount in excess of the Owner's purchase price, plus an increase of three percent (3%) of such price per year from the date of purchase to the date of Owner's Notice of Intent to Sell ("Maximum Sales Price"). Any partial year may be prorated at the rate of one- quarter percent (0.25%) per month. b. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration that would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. C. For purposes of determining Maximum Sales Price, an Owner may add the value of Permitted Capital Improvements to the amount specified in Section 7(a) hereof. d. The Maximum Sales Price shall not exceed ten percent (10%) of the initial purchase price of the Unit, except that for every ten (10) year period from the date of the original purchase and Deed Restriction, another ten percent (10%) of the purchase price may be added to the value of the Unit for Permitted Capital Improvements. rd 201012563 4 of 14 November 1, 2016 - Page 38 of e. All Permitted Capital Improvements installed or constructed over the life of the Unit shall qualify for inclusion within the calculation of Maximum Sales Price if the Owner furnishes the Town with the following information: i. Original or duplicate receipts to verify the actual costs expended by the Owner for the Permitted Capital Improvements; ii. Owner's affidavit verifying the receipts are valid and correct receipts tendered at the time of purchase; and iii. True and correct copies of any building permit or certificate of occupancy required to be issued by the Town Building Department with respect to the Permitted Capital Improvements. 7. Transfer to a Non -Qualified Owner. If the unit is transferred to a Non - Qualified Owner, the Non -Qualified Owner shall: a. Immediately list the Unit for sale as described in Section 5 hereof; b. Accept the highest bid by a Qualified Buyer for not less than ninety- five percent (95%) of the Maximum Sales Price or the appraised market value, whichever is less. C. If all bids are below ninety-five percent (95%) of the Maximum Sales Price or the appraised market value, the Unit shall continue to be listed for sale until a bid in accordance with this Section is made, which bid must be accepted. d. The cost of an appraisal conducted under this Section shall be paid by the Non -Qualified Owner. e. The Non -Qualified Owner shall join in any sale, conveyance or transfer of the Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and f. The Non -Qualifying Owner shall not: Occupy the Unit; ii. Rent all or any part of the Unit, except in strict compliance with Paragraph 10 hereof; iii. Engage in any business activity on or in the Unit; iv. Sell or otherwise transfer the Unit except in accordance with this Deed Restriction and the Town of Vail Employee Housing Guidelines; V. Sell or otherwise transfer the Unit for use in a trade or business. 5 201012563 5 of 14 November 1, 2016 - Page 39 of g. The Town, or its respective successor, as applicable shall have the right and option to purchase the Unit, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to the Town by a Non - Qualified Owner, and in the event of exercising its right and option, shall purchase the Unit from the Non -Qualified Owner for a price of ninety-five percent (95%) of the Maximum Sales Price, or the appraised market value, whichever is less. h. Failure of a Non -Qualifying Owner to follow the procedures in this Section shall constitute a default under this Deed Restriction and the Town may exercise any of the remedies set forth in this Deed Restriction. i. Any Transfer without satisfaction of the conditions of this Deed Restriction is prohibited. 8. Transfer by Devise or Inheritance. a. If a Transfer occurs by devise or inheritance due to death of the Owner, the personal representative of the Owner's estate or the person inheriting the Property shall provide written notice to the Town within thirty (30) days of the date of death. b. If the person inheriting the Property (the "Inheriting Owner") is a Qualified Owner, he or she shall provide the Town with documentation proving his or her status as such, and the Town may determine if the Inheriting Owner is in fact a Qualified Owner. If the Inheriting Owner fails to provide the required documentation, he or she shall be deemed a Non -Qualified Owner. If the Inheriting Owner is a Qualified Owner, he or she shall succeed to the Owner's interest and obligations under this Deed Restriction. d. If the Inheriting Owner is a Non -Qualified Owner, he or she shall provide the Town with a Notice of Intent to Transfer within sixty (60) days of the date of the Owner's death. Thereafter, the Unit shall be listed for sale as provided in Section 5 hereof and the Non -Qualified Owner shall be required to transfer the Property, as described in Section 8 hereof. 9. Rental. a. Owner shall not, except with prior written consent of the Town and subject to the Town's conditions of approval, rent the Unit for any period of time. b. Prior to occupancy, any tenant must be approved by the Town. C. The Town shall not approve any rental if such rental is made by Owner utilize the Unit as an income producing asset, except as provided below. 201012563 6 of 14 November 1, 2016 - Page 40 of d. The Town shall not approve any lease of the Unit for a period of thirty (30) days or less or for a period of six (6) months or more, absent clear and convincing evidence that such a term is necessary. e. A signed copy of the lease shall be provided to the Town prior to occupancy by any tenant. f. Any lease of the Unit shall be equivalent to the monthly expenses for the cost of principal and interest, taxes, property insurance and utilities for the Unit, plus an additional twenty dollars ($20.00) and a reasonable and refundable security deposit. g. Nothing in this Section shall preclude an Owner from sharing occupancy of the Unit with non -owners on a rental basis, provided that Owner continues to meet the obligations contained in this Deed Restriction. h. Owner shall not create any additional dwelling unit, as defined in the Vail Town Code, in or on the Property. a. It shall be a breach of this Deed Restriction for Owner to default in payment or other obligations due to be performed under a promissory note secured by a first deed of trust encumbering the Unit. Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. If the Town has reasonable cause to believe the Owner is violating this Deed Restriction, the Town may inspect the Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with twenty-four (24) hours written notice. C. If the Town determines that there has been a violation of the occupancy standards, Owner shall be found to be in non-compliance. Penalties the Town may assess against Owner include eliminating resale gain and any other penalties permissible under the Vail Town Code. 11. Notice and Cure. If the Town discovers a violation of this Deed Restriction, the Town shall notify the Owner of the violation and allow the Owner fifteen (15) days to cure. The notice shall state that the Owner may request a hearing before the Town Council within fifteen (15) days to determine the merits of the allegations. If no hearing is requested and the violation is not cured within the fifteen (15) day period, the Owner shall be considered in violation of this Deed Restriction. If a hearing is held, the Town Council's decision shall be final. 12. Remedies. There is hereby reserved to the parties hereto any and all remedies provided by law for violation of this Deed Restriction or any of its terms. 7 201012563 7 of 14 November 1, 2016 - Page 41 of a. If the Property is conveyed without compliance with this Deed Restriction, such conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of the Property, for all purposes, shall be deemed to include and incorporate by this reference the covenants contained in this Deed Restriction, even if they fail to reference this Deed Restriction. b. If the Owner fails to cure a violation of this Deed Restriction, the Town may resort to any and all available legal action, including, but not limited to, specific performance of this Deed Restriction or a mandatory injunction requiring the Transfer of the Property by the Owner, with the costs of such Transfer shall be paid out of the proceeds of the sale with the balance being paid to the Owner. C. If such request is made by the Town, the Owner irrevocably authorizes the holder of any mortgage or deed of trust against the Property to disclose to the Town if the Owner is delinquent in any payments due to any such mortgage or trust deed holder and the duration and amount of such delinquency at the time such inquiry is made by Town. d. If Owner or any of Owner's heirs, successor or assigns breaches any of the terms or conditions contained herein, the initial purchase price of the Unit shall automatically cease to increase and shall remain fixed until the date of cure of such breach. e. If the parties resort to litigation with respect to any provisions within this Deed Restriction, the prevailing party shall be entitled to recover damages and costs, including reasonable attorneys' fees. 13. Foreclosure. a. In the event of a foreclosure, acceptance of a deed in lieu of foreclosure, or assignment to the United States Secretary of Housing and Urban Development, this Deed Restriction shall remain in full force and effect. b. The Owner agrees that he or she will give immediate notice to the Town upon the first to occur if: i. The date any notice of foreclosure is provided to the Owner or any foreclosure is commenced against the Property under the first deed of trust or any other of the Property's subordinate security interests; or ii. The date when Owner becomes twenty-one (21) days late in making a payment on any indebtedness encumbering the Property required to avoid foreclosure of the first deed of trust or other subordinate security interests in the Property. C. At any time within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make 3 201012563 8 of 14 November 1, 2016 - Page 42 of any payment required in order to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. 14. General Provisions. a. Notices. Any notice, consent or approval required by this Deed Restriction shall be given by either: mailing by certified mail, return receipt requested, properly addressed and with postage fully prepaid, to the address provided herein; or hand -delivery to the address provided herein. Notices shall be considered delivered on the date of delivery if hand -delivered or if both hand - delivered and mailed; or three days after the postmark, if mailed only. Notices shall be sent to the parties at the following addresses unless otherwise notified in writing: To the Owner: To the Town: Housing Coordinator Town of Vail 75 South Frontage Road Vail, Colorado 81657 b. Severability. Whenever possible, each provision of this Deed Restriction shall be interpreted so as to be valid under applicable law, but if any provision of this Deed Restriction is declared invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Deed Restriction. C. Governing Law and Venue. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. d. Successors. The provisions and covenants contained in this Deed Restriction shall inure to and be binding upon the heirs, successors and assigns of the parties. This Deed Restriction shall be a burden upon and run with the Property for the benefit of the beneficiaries, their successors and assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction, and damages. e. Modification. This Deed Restriction may only be modified upon written agreement of the parties. M 201012563 9 of 14 November 1, 2016 - Page 43 of f. No Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Deed Restriction shall be valid against any party hereto except on the basis of a written instrument executed by the parties. g. Integration. The foregoing constitutes the entire agreement between the parties regarding the Deed Restriction and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto. h. Third -party beneficiaries. There are no intended third -party beneficiaries to this Deed Restriction. IN WITNESS WHEREOF, the Parties hereto have executed this Deed Restriction on the date first set forth above STATE OF COLORADO COUNTY OF EAGLE ) ss. } 7Ze AIL, COLORADO mler, Town Manager The fgregoing instrument was subscribed, sworn to and acknowledged before me this ay of June, 2010, by Stan Zemler, as the Town Manager of the Town of Vail, Owner. Witnes y hand and official seal. Notary Public �S Eg�,Act�i�c a'''�P•' � �cZllk Psion expires: 0--i1aNIoCotq _j OCO ` t,74 - z Q �€ S neP`C'�f. 10 201012563 10 of 14 November 1, 2016 - Page 44 of EXHIBIT A LEGAL DESCRIPTION FOR THE AROSA DRIVE DUPLEX UNITS Lot A and Unit A, and Lot B and Unit B, Vail Ridge, A Resubdivision of Lot 8, Block C, Town of Vail, County of Eagle, State of Colorado. 11 201012563 11 of 14 November 1, 2016 - Page 45 of EXHIBIT B PERMITTED CAPITAL IMPROVEMENTS 1. The term Permitted Capital Improvement as used in the Deed Restriction shall include only the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non -decorative improvements to real property, excluding repair, replacement and/or maintenance; b. Improvements for energy and water conservation; C. Improvements for health and safety protection devices, d. Improvements to add or finish permanent/fixed storage space; e. Improvements to finish unfinished space; and/or f. Improvements required to replace the following functional items and the associated depreciation schedule shall be used along with an annual maximum price per improvement that will be allowed. The Maximum Annual Price or the actual price paid, whichever is less, will be used to determine the value of the following improvements. The Town's Housing Coordinator shall have the ability to not approve the addition of any of these items if condition of the Improvement has wear and tear beyond what should be expected of the improvement's age. New carpet and carpet pad; ii. New hardwood, wood laminate, or tile floors and base,- iii. ase; iii. New Energy Star rated appliances (includes: clothes washer and dryer, refrigerator, range, dishwasher, and built-in microwave); iv. New baseboard, window casing, or interior doors when the entire unit is finished in an identical material and quality; and V. New counter top in kitchens and bathrooms or bath tub surrounds: 1. 75% of the cost will be included in the Maximum Sales Price if the improvement(s) has been installed within 12 months of listing the unit. 2. 50% of the cost will be included in the Maximum Sales Price if the improvement(s) has been installed in greater than 12 months and less than 36 months of listing the unit. 12 201012563 12 of 14 November 1, 2016 - Page 46 of 3. 25% of the cost will be included in the Maximum Sales Price if the improvement(s) has been installed in greater than 36 months and less than 60 months of listing the unit 4. No cost will be included in the Maximum Sales Price if the improvement(s) has been installed in greater than 60 months of listing the unit. 2. Permitted Capital Improvements as used in this Deed Restriction shall NOT include the following: a. The cost of adding decks and balconies, and any extension thereto; b. Jacuzzis, saunas, steam showers and other similar items; C. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, and other similar items; and/or d. Upgrades or additions of decorative items, including lights, window coverings and other similar items. 3. All Permitted Capital Improvement items and costs shall be approved by the Town staff prior to being added to the Maximum Resale Price as defined herein. 4. The Maximum Annual Price or the actual price paid per Permitted Capital Improvement, whichever is less, per the depreciation calendar listed above, may be added to the Maximum Sales Price of a unit. Carpet and Pad $4.00 per square foot Hardwood or Wood Laminate $7.00 per square foot Tile Floor and Base $10.00 per square foot Clothes Washer $800.00 Clothes Dryer $800.00 Refrigerator $1,500.00 Range $900.00 Dishwasher $500.00 Over -the -Range Microwave $400.00 Baseboard $5.00 per linear foot Window Casing $4.00 per linear foot Interior Doors $200.00 per door Counter Top $50.00 per square foot Bath Tub Surround $5.00 per square foot 13 201012563 13 of 14 November 1, 2016 - Page 47 of 5. The Maximum Annual Price includes the cost for materials and installation. No exceptions will be made. Sweat equity shall not be added to the actual expenses incurred. 6. If the Maximum Annual Price is less than the expense actually incurred by an Owner the depreciation schedule will apply to the Maximum Annual Price. 7. The amount for Permitted Capital Improvements shall not exceed 15% of the initial listed purchase price. For every ten-year period, from the date of original purchase and deed restriction, another 15% of the purchase price may be added to the value of the property for Permitted Capital Improvements. 8. The terms of the Master Deed Restriction shall apply to the above Permitted Capital Improvements as well. See Paragraph 7 for specific detail. 14 201012563 14 of 14 November 1, 2016 - Page 48 of TOWN OF VAR' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Local Licensing Authority Interviews PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Conduct two interviews with interested applicants to serve on the VLLA. BACKGROUND: Recent vacancy on the VLLA requires one mid cycle appointment to the Authority. The appointment includes a term that will expire June 2017. ATTACHMENTS: Description Memo VLLA Interview & Appointment November 1, 2016 - Page 49 of 0 TOWN OF VAIL � Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: November 1, 2016 Subject: Interview and appointment to Vail Local (Liquor) Licensing Authority (VLLA) I. SUMMARY The Town Council will have an opportunity to interview two applicants for one mid-cycle vacancy on the Vail Local (Liquor) Licensing Authority (VLLA) during the November 1 st afternoon meeting, Ross Cohen and Rory Holmes. The appointment will be made during the evening meeting. The term of this appointment will end June 2017. A vacancy exists with the recent departure of Amanda Zinn who is now a town employee heading up the Welcome Center. The Charter outlines the restrictions for employees not serving on boards or commissions. There will be three vacancies on the VLLA to be filled next June. Town of Vail Charter - Section 8.2 - Composition of Boards and Commissions: The composition of all existing permanent boards and commissions and those hereafter established shall be such that: no town employee shall be allowed to serve; neither the mayor nor any councilmember shall serve on any board or commission. Terms and conditions of appointment to such boards and commissions shall be determined by ordinance. (Charter amd. 11-6-2012: 1972 Charter) II. BACKGROUND There are five members appointed by Town Council to serve on the Vail Local (Liquor) Licensing Authority. The VLLA is established pursuant to the provisions of Colorado Revised Statutes section 12-46-103(4), section 12-47-103(9), and the Town Charter section 8.6, and is a commission which oversees the licensing of locations within the Town to sell alcoholic liquors and fermented malt beverages and for the local administration of the Liquor Code of 1935 and the Fermented Malt Beverages Act in accordance with said statutes. Those serving must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. The applicants meet the criteria outlined. Current VLLA members include: Luca Bruno (2017), Michael Hannigan (2018), Ted Steers (2017 term limited), Craig Arseneau (2018). The VLLA meets the second Wednesday of each month and considers new liquor licenses, renewals, transfers and special event liquor permits. The letters of interest are attached and the position vacancy was advertised with a public notice in the Vail Daily and posted on the Town of Vail website the past couple of weeks. Proposed Questions include: ■ Please describe what you think the role of the Vail Local (Liquor) Licensing Authority includes and why you are interested? ■ Will your work schedule allow you to attend this meeting during the morning mid week, 2nd Wednesday of each month? ■ Describe any experience you have serving on other boards? November 1, 2016 - Page 50 of Ross Cohen 1040 Vail View Dr #203 Vail, CO 81657 rossinvail@yahoo.com 970-390-1918 Dear Vail Town Council Members, October 17th, 2016 This marks my 17th year living in Vail. The unique culture of Vail has allowed me to create a wonderful lifestyle and I am looking forward to giving back to the community. My experience and past employment history make me a prime candidate to serve on Vail Local Licensing Authority board. I would like you to consider me for a position on the Vail Local Licensing Authority Board. My experience as the former operations manager of Samana Lounge in Vail has provided me with the experience, knowledge and skills to serve my community. Having personally appeared before the board to renew Samana's License, I am already familiar with one aspect of the process and am look forward to experiencing all the responsibilities of the position. Prior to becoming the operations manager of Samana Lounge, I had the pleasure of working and learning every position in the nightclub from doorman checking I.D's, bar back to bartender. Having served in each of these positions, I have a unique perspective on the day-to-day operations of operating a business in Vail. I have extensive knowledge of state and local liquor laws and am T.I.P.S certified. Knowing what is required from the business aspect of the Board, I am excited to learn about the other half of the process that is so critical and influential to businesses and events in our community. I am very interested in the social and financial impact of the Vail Local Licensing Authority. As a Vail homeowner, I believe that diversified businesses serving alcohol will ensure the long-term success of a thriving local community for now and in the future. Looking forward to serving on the board and contributing to my community. I welcome the opportunity to volunteer for this position. Respectfully Yours, Ross Cohen November 1, 2016 - Page 51 of Patty McKenny From: Rory Holmes <roryholmes@ymail.com> Sent: Monday, October 24, 2016 8:29 PM To: Patty McKenny Subject: Opening on the Vail Liquor board Hi Patty, My name is Rory Holmes. I am writing you in regards to the open position on the Vail liquor board. I have lived in Vail for a total of 10 years, including attending Battle Mountain High School. I currently work full time at Kemosabe in Vail village. In addition, I work part time at the Vail Marriott and Vail Surefoot, also picking up shifts at The Bridge Street Bar and Shakedown Bar. My immediate family lives in Vail and I am committed to spending my life here. I come from a family of passionate skiers and bikers. Besides loving the outdoor activities, I admire the town of Vail and I have much respect for the people who live here. I want to be able to give back to the town and become a more participating member. I have always wanted to play a part in Vail's local government and as time goes on I would like to take on more responsibility and have a larger role in the decisions made regarding the future of our town. I feel there are many issues that need to be solved to make our community better. Being on the liquor board I feel I would get a better understanding of our community and will learn more about our town and our government. The liquor board may play a small role, but I feel it handles a wide variety of important issues and requests, and allows insight to our working community. I truly hope you will consider me as a serious applicant and give me the opportunity to become more involved in the community. I would love to be invited to sit in front of the town council and explain in more detail why I would be an excellent addition to the board. Regards, Rory Holmes 802-274-6759 Sent from my Whone November 1, 2016 - Page 52 of TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Art in Public Places Board (AIPP) Interviews PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Conduct interviews with AIPP applicants. BACKGROUND: Recent vacancy on the AIPP requires amid cycle appointment to the Board. The appointment includes a term that will expire March 2017. ATTACHMENTS: Description Memo AIPP Interview & Appointment November 1, 2016 - Page 53 of TOWN OF 0) VAIL Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: November 1, 2016 Subject: Interview and Appointment to Art in Public Places (AIPP) SUMMARY Town Council will consider four persons for one mid-cycle vacancy on the AIPP Board. There will be an opportunity to interview two applicants during the November 1 st afternoon meeting; the formal appointment is scheduled for the evening meeting. Ms. Gilmartin is out of town at this time; but would be available for an interview on Nov 15. Ms. Rogers is not able to attend on either Nov 1 or Nov 15 because she is out of town. If interviews are required, the appointment would be postponed to a later date. The term of this appointment ends March 2017. A vacancy exists with the recent departure of Amanda Zinn who is now a town employee heading up the Welcome Center. The Charter outlines the restrictions for employees not serving on boards or commissions. There will be two vacancies on the AIPP board to be filled next March. The Board meets on the first Monday of each month. Town of Vail Charter - Section 8.2 - Composition of Boards And Commissions: The composition of all existing permanent boards and commissions and those hereafter established shall be such that: no town employee shall be allowed to serve; neither the mayor nor any councilmember shall serve on any board or commission. Terms and conditions of appointment to such boards and commissions shall be determined by ordinance. (Charter amd. 11-6-2012: 1972 Charter) The applicants for the Art in Public Places Board (AIPP) are listed below; the applicants have met the requirements of either residency and/or property ownership within the Town of Vail. 1. Susan Bristol 2. Travis Coggin 3. Heather Gilmartin (unable to interview on Nov. 1) 4. Margaret Rogers (unable to interview on Nov. 1) II. BACKGROUND Duties and functions of the Art in Public Places Board include: ■ Implementation of the AIPP policies and selection procedures. ■ Acquiring public art by purchase, donation or other means for Vail's permanent Art in Public Places collection. ■ Overseeing the maintenance and preservation of art works displayed in public areas. ■ Assisting the Art in Public Places coordinator in obtaining grants and donations to fund public art projects. ■ Promoting public art through a public education program that will further community appreciation and understanding of the visual arts. ■ Publicizing Art in Public Places projects and recognizing the artist(s) involved with the project. ■ Evaluating the Art in Public Places program and commitment of board members annually and setting program goals on a five year basis. November 1, 2016 - Page 54 of The current make up of the AIPP Board include: Members Term Expires Patricia Donovan 2018 Julie Hansen 2018 Michael Kurz 2017 Nancy Lassetter 2018 Kara Woods 2018 Bill Pierce 2018 Vacancy from Amanda Zinn 2017 Possible interview questions include the following: ✓ What interested you in applying for the AIPP Board membership? ✓ What qualities and experience can you bring to the AIPP board and programs? ✓ Why is public art important to the Vail community? ✓ Are you able to provide recommendations for AIPP's creative programing? ✓ Along with the monthly meetings, AIPP sponsors several programs throughout the year. Are you able to make the necessary time commitment attend monthly meetings, participate in programs, and help to promote AIPP within the community? The letters of interest are attached and the position vacancy was advertised with a public notice in the Vail Daily and posted on the Town of Vail website the past couple of weeks. Town of Vail Page 2 November 1, 2016 - Page 55 of Patty McKenny From: Susan Bristol <susan.bristol@gmail.com> Sent: Tuesday, October 11, 2016 2:50 PM To: Patty McKenny Subject: Application for Art in Public Places Board I hope that my experience and new availability will be of interest to the Town Council and the APP Board. I've been a Vail resident since 1970 when I moved here to do Public Relations for the Vail Resort Association. (I designed and silkscreened Vail's flag.) Next I worked with Bob Parker at Vail Associates as Media Consultant. I created a photography and brochure business in Vail, doing work for many of the businesses in Vail over 15 years. When my son was old enough, I worked at The Golden Bear, doing sales, custom design and display for 19 years. I subsequently started my own business, importing fine Chinese antiques and curating a wonderful collection of one -of -a -kind jewelry and gifts. Since coming to Vail, I have also written successful 40 -page submissions for over 45 architects when they have been nominated for Fellowship in the American Institute of Architects. My earliest one was for Fritz Benedict in Aspen and I'm just completing this year's, also for an Aspen architect. I've been recognized by the AIA with an Honorary Membership based on this work. Prior to moving to Vail and after graduating from Connecticut College for Women in German Language and Literature, I worked as Public Relations Assistant to The Principals (one of whom was Walter Gropius, founder of the Bauhaus in Germany) at The Architects Collaborative in Cambridge, MA. I worked closely with Gropius, researching and designing an exhibit of his life's work with him and handling correspondence with foreign and domestic publications. While in Boston I was also on the Outdoor Arts Committee for the DeCordova Museum in Lincoln, MA. I raised my son Alex Herzog in Vail. He is now a painter who has been on the faculty at the School of the Art Institute in Chicago for a decade and is currently installing a solo show of his new work at Geary Contemporary in New York. I've wanted to volunteer for the APP Board for years but have had the responsibility of my store - Asian Village in Riverwalk -Edwards. I just retired after 15 great years! I now can meet on Mondays! I own a house here in Vail (since 1972, thank goodness) and don't plan on leaving any time soon. I hope you all will consider my interest in Vail and its arts. Sincerely, Susan Bristol, Hon AIA 970-476-2608 susan.bristol@gmail.com November 1, 2016 - Page 56 of Mr. Mayor & Town Council Attn: Patty McKenny, Town Clerk Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: Art In Public Places Board Dear Mr. Mayor & Town Council Members, I am writing to express my interest in serving on the Art In Public Places Board for the Town of Vail. I am a long time resident of Vail, having first moved here in 1988. 1 currently live in Sandstone where I have owned my condo unit for the past two years. While I don't have a formal background in art, it is something that I am extremely interested in and am keen to learn more about. I have experienced the benefits of public art through my work in real estate as well as my travels in the US and abroad. I have been involved in real estate and land planning since 2008 having worked for the Community Development department at the City of Aspen and most recently in real estate development for Triumph Development. In these positions, I was exposed to the opportunity that communities have to engage more deeply with locals and visitors through public art as well as the ability public art has to enhance the community around it. As I have traveled, I have often noticed how public art enhances a community encouraging me to learn more about a city or an artist, as well as provides easily recognizable way finding markers and conversation pieces. I believe a strong public art program augments the built and natural environments that we have in Vail and adds an additional cultural dimension to our community. Finally, I have been looking for a way to become more involved with the Town of Vail and believe this is a great volunteer opportunity. I am currently the president of the Vail Valley Young Professionals Association, which provides a great volunteer opportunity for me throughout the valley, however, I want to engage more with the Town and this provides an avenue to do that. Thank you for your time. I am excited about his board position and I look forward to speaking with you about AIPP. Regards, �OV-A le Travis Coggin November 1, 2016 - Page 57 of Patty McKenny From: Heather Gilmartin <heathergilmartin@hotmail.com> Sent: Thursday, October 20, 2016 2:43 PM To: Patty McKenny Subject: Art in Public Places Program - Open Seat Attachments: Heather Gilmartin -CV -Sept 28_16v.doc October 20, 2016 Molly Eppard Town of Vail's Art in Public Places Program Dear Ms. Eppard, I was encouraged to apply for the Town of Vail's Art in Public Places Program (AIPP) by my neighbor, Kara Woods. I have been a resident of Vail since 1996 and homeowner since 2004. This will be my first application for a Town of Vail committee. My interest in a position on AIPP is due to my love of the art that is throughout Vail. From the skier statue, to the rotating pieces in Ford Park, to the new paintings in the skate park, I am always pleased to run across such beautiful work in my own backyard. I work as a research nurse scientist with the Veterans Health Administration. My work is focused on learning how organizational culture impacts patient care and patient outcomes. Though I have no training in art or design, I have had the great fortune of visiting museums and galleries around the world. Due to this, I have gained an appreciation for the role of art in communities. I have attached my curriculum vitae as evidence of my lack of experience in the art world, but my extensive experience in other things. It would be an honor to be part of the AIPP program and I look forward to the opportunity to learn more. Sincerely, 3��Qlirer (ft/i»arlrir Heather M. Gilmartin, PhD, NP November 1, 2016 - Page 58 of Patty McKenny From: Margaret Rogers <iliveinvail@yahoo.com> Sent: Friday, October 21, 2016 8:57 AM To: Patty McKenny Subject: Application for AIPP vacancy To the Town Council, Please accept my application for the vacancy to the Art in Public Places board. Although I have attended AIPP board meetings for more than 11 years, first as the representative of the DRB, then as the town council representative, I have never been a voting member of the board. During that time I have assisted the board to develop and grow, bringing public art programs, exhibits and installations which enhance our community and delight our guests. I understand the importance of public art to the economy and experience of Vail. I have seen which programs work, and which could have been more successful. I have a lifelong passion for art and architecture, a commitment to the community and a desire to continue my service to Vail. I understand that this position is to fill a mid-term vacancy. Because I have been involved with the board for many years, I will hit the ground running, with a minimal learning curve. I regret that I will be out of town on November 1, and will not be able to attend the interview at the council work session. However, I hope that my experience and passion for Vail will persuade you that I am the right person for this position. If you have any questions, please feel free to call me. 970-470-2773. Thank you, Margaret Rogers November 1, 2016 - Page 59 of Patty McKenny From: Julie Hansen <jhansen@sprynet.com> Sent: Monday, October 24, 2016 11:07 AM To: Patty McKenny Subject: RE: Application for AIPP vacancy Hello Patty: If possible, I would like to include my recommendation to the town council that Margaret Rogers be appointed to the Art in Public Places Board (AIPP.) When I was first appointed to the AIPP Board, Margaret was attending the AIPP meetings regularly and had been doing so for several years; I found Margaret to be extremely passionate, dedicated and knowledgeable about the arts and particularly public art. I believe Margaret Rogers would be an excellent addition to our board and that her commitment to the arts and to our community is real. I understand that Margaret is traveling during the council's November 1 meeting and I hope her absence will not affect her appointment. Thank you for all of the support the council has given AIPP in the past and we look forward to working with council in the future. Respectfully Submitted, Julie Hansen, AIPP Chair (970)390-0878 jhansen@sprvnet.com -----Original Message ----- From: Margaret Rogers [mailto:iliveinvail@yahoo.coml Sent: Friday, October 21, 2016 8:57 AM To: Patty McKenny <pmckennv@vailgov.com> Subject: Application for AIPP vacancy To the Town Council, Please accept my application for the vacancy to the Art in Public Places board. Although I have attended AIPP board meetings for more than 11 years, first as the representative of the DRB, then as the town council representative, I have never been a voting member of the board. During that time I have assisted the board to develop and grow, bringing public art programs, exhibits and installations which enhance our community and delight our guests. I understand the importance of public art to the economy and experience of Vail. I have seen which programs work, and which could have been more successful. I have a lifelong passion for art and architecture, a commitment to the community and a desire to continue my service to Vail. I understand that this position is to fill a mid-term vacancy. Because I have been involved with the board for many years, I will hit the ground running, with a minimal learning curve. November 1, 2016 - Page 60 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Revenue Highlights ATTACHMENTS: Description Revenue update TOWN OF VAIP November 1, 2016 - Page 61 TOWN OF VAIL REVENUE UPDATE November 1, 2016 Sales Tax Upon receipt of all sales tax returns, September collections are estimated to be $1,343,232 up 8.3% from last year and up 13.4% compared to budget. Year to date c ollections of $19,997,155 are up 3.0% from prior year and up 1.5% from budget. Inflation as measured by the consumer price index was up 1.5% for August. The annual budget totals $25.6 million. Real Estate Transfer Tax (RETT) RETT collections through October 25 total $4,326,216 down 18.6% from this time last year. 2015 annual collections totaled $6,965,617, a record year since the peak in 2008. The annual 2016 RETT budget currently totals $6.5 million, a decrease of 6.7% from prior year collections. Construction Use Tax Use Tax collections through September 26 total $1,648,737 down 24.3% from this time last year. The annual budget totals $1,545,000. Summary Across all funds, year-to-date total revenue of $49.2 million is up 1.4% from the amended budget and down 2.4% from prior year. While parking revenue for 2016 is up 12.3% YTD from prior year, overall 2016 revenue appears down from 2015 due to the $1.9M is housing fee -in -lieu (majority of which was received from Vail Valley Medical Center) in 2015. -1- November 1, 2016 - Page 62 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: September 2016 Sales Tax Report ATTACHMENTS: Description September 2016 Sales Tax Report TOWN OF VAIP November 1, 2016 - Page 63 MEMORANDUM October 26, 2016 To: Vail Town Council Stan Zemler Kathleen Halloran From: Sally Lorton Re: September Sales Tax Vail will collect an estimated $28,000 in additional September sales tax to bring collections to $1,343,232. September would be up 8.3% or $102,955 from September 2015 and up 13.4% or $158,302 from budget. Year to date would be up 3.0% or $573,821 from 2015 and up 1.5% or $297,567 from budget. November 1, 2016 - Page 64 of Month 2005 2006 2007 2008 2009 2010 Town of Vail Sales Tax Worksheet 10/26/2016 2011 2012 2013 2014 2015 Budget 2016 Collections Budget Variance % Change from 2015 % Change from Budget January 2,275,967 2,597,985 2,783,306 2,976,655 2,619,673 2,564,383 2,795,688 2,855,524 3,145,620 3,483,245 3,696,798 3,722,428 3,738,188 15,760 1.12% 0.42% February 2,429,377 2,527,130 2,718,643 3,071,615 2,588,889 2,577,360 2,803,136 2,994,580 3,267,351 3,477,419 3,593,947 3,727,134 3,745,418 18,284 4.21% 0.49% March 2,785,101 2,852,954 2,986,446 3,327,304 2,504,567 2,685,004 3,143,418 3,185,859 3,650,157 3,788,185 4,053,961 4,143,010 4,225,275 82,265 4.23% 1.990 April 915,554 1,280,324 1,330,740 1,098,918 1,235,941 1,156,934 1,191,690 1,183,087 1,069,186 1,280,641 1,370,929 1,341,310 1,088,676 (252,634) -20.59% -18.83% May 458,770 449,283 545,874 622,103 516,150 421,925 473,292 487,739 563,602 607,729 584,454 632,924 653,411 20,487 11.80% 3.24% June 834,913 805,362 953,017 918,061 717,233 873,765 895,951 963,143 1,023,801 1,153,247 1,242,400 1,232,687 1,317,044 84,357 6.01% 6.84% July 1,166,183 1,255,243 1,265,781 1,397,842 1,121,860 1,228,767 1,481,329 1,573,499 1,654,161 1,829,102 1,937,989 1,954,345 2,047,794 93,449 5.67% 4.78% August 993,985 1,055,614 1,162,746 1,349,795 1,068,391 1,147,352 1,310,471 1,380,710 1,507,048 1,674,813 1,702,579 1,760,820 1,838,117 77,297 7.96% 4.39% September 795,807 832,549 908,318 834,569 753,754 761,425 889,945 978,037 994,135 1,054,015 1,240,277 1,184,930 1,315,232 130,302 6.04% 11.00% Total 12,655,657 13,656,444 14,654,871 15,596,862 13,126,458 13,416,915 14,984,920 15,602,178 16,875,061 18,348,396 19,423,334 19,699,588 19,969,155 269,567 2.81% 1.37% October 566,173 614,396 688,519 662,767 581,033 594,362 623,420 644,577 755,133 752,295 835,649 843,227 November 713,117 799,582 747,877 719,109 651,873 701,075 788,430 825,873 947,627 962,344 997,100 1,046,566 December 2,549,032 2,771,258 2,821,871 2,652,628 2,553,974 2,963,763 3,184,645 2,973,826 3,422,178 3,818,096 3,885,849 3,998,619 Total 16,483,979 17,841,680 18,913,138 19,631,366 16,913,338 17,676,115 19,581,415 20,046,454 21,999,999 23,881,131 25,141,932 25,588,000 November 1, 2016 - Page 65 of 71 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Gore Valley Trail near Ski Club Vail Memorandum ATTACHMENTS: Description Gore Valley Trail near Ski Club Vail Memorandum TOWN OF VAIP November 1, 2016 - Page 66 of TOWN OF Memorandum To: From: Date: Subject Vail Town Council Department of Public Works November 1, 2016 Gore Valley Trail near Ski Club Vail INTRODUCTION Town Council has asked staff to look into the idea of installing a curb ramp at the intersection of the Gore Valley Trail and Vail Valley Drive, just east of Ski Club Vail. The ramp would allow easy access between the road and the bike path. This is something that staff has looked at previously, but has concerns about installing a standard curb ramp. The following memo outlines the concerns and offers a recommendation. CONCERNS Installing a traditional curb ramp would allow easy access onto the Gore Valley Trail from Vail Valley Drive, and makes sense from an "ease-of-use" standpoint. However, site conditions raise safety concerns when using a traditional curb ramp. • Staff is concerned about the safety of east -bound cyclists coming off the trail and into vehicular traffic on Vail Valley Drive. • Existing electrical transformers west of the trail block the view of oncoming cyclists from drivers. • The steep slope of the trail (8%) as it descends from behind Ski Club Vail increases cyclist speed RECOMMENDATION There are several options, however staff recommends installing a modified "mountable" curb that is slightly offset from the end of the trail. It would allow cyclists to enter onto the trail from Vail Valley Drive, but would likely deter users from darting out into traffic. If needed, seasonal plastic delineators could be added along the curb to further enhance safety in this area. This is a fairly simple and cost effective solution that wouldn't require full removal of the walk, or modifications to the North Woods heated sidewalk, which is directly adjacent to the walk and trail. This work could be completed in the spring of 2017. See photos on the following pages. November 1, 2016 - Page 67 of Above: View from the west. The trail is located behind the electrical transformers on the right side of the photo Below: View from the east. Proposed mountable curb location, with plastic "delineators" Town of Vail Page 2 November 1, 2016 - Page 68 of Town of Vail Page 3 November 1, 2016 - Page 69 TOWN Of VAJL' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) -to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regard ing: Chamonix Housing Project PRESENTER(S): Matt Mire, Town Attorney November 1, 2016 - Page 70 of VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Recess at 4:30 pm TOWN OF VAIP November 1, 2016 - Page 71