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