HomeMy WebLinkAbout2019-08-13 VLHA Meeting Agenda
Vail Local Housing Authority
Meeting Results
July 23, 2019
3:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado,
81657
1.Call to Order
Lindstrom called the meeting to order at 3:06PM. Present are McDougall,
Wilkins, Lindstrom and Morales arrived at 3:15PM.
2.Citizen Participation
2.1.Citizen Participation
Patrick Scanlan, Director of Sales and Business Development, FortiusCapital
is asking for Vail InDEED funds. Fortius is constructing 2for-sale duplexes, 4
units, located at 841 Main Street, Minturn, Colorado, near public transportation.
All the units are 3/3ranging from1,400-1599 square feet and priced from
$699K-$740K. Fortius is hoping to use Vail InDEED monies to support local
housing. Completion date is scheduled for the beginning of October.
Lindstrom asked if Fortiushad spokentothe Town of Minturn.Per Scanlan
they had not.
Wilkins asked how the restrictions would be enforced.
Ruther said it would be similar to how 6 West Apartments were set up. The
Town would approach by covenant or zoning violation. The Town does have
ability to enforce and take to court.
Lindstrom noted 6 West was the first Town of Vaildeal done outside of Vail’s
jurisdiction. Lindstrom statedthe Authority would need to review this concept
with the Council.
Scanlan said Fortius has discussed these units with Vail employers.
Scanlan will apply via the Vail InDEED application to move forward for further
discussion.
3.Approval of Minutes
3.1.Approval of July 9, 2019 VLHA Meeting Results
McDougall motioned to approveresults as presented.
MOTION: McDougallSECOND: WilkinsVOTE: 3-0-1 Morales
abstained
4.Main Agenda
4.1.Review Draft Economic Value of Deed Restricted Homes in the Town
of Vail Report -Prepare for Presentation to the Vail Town Council on
August 6th Worksession.
Ruther forwarded Lindstrom and McDougall’s comments to EPS. Hoping to get
on TC 8/6 afternoon agenda. McDougall had requested a better summary as
one can get buried in the data.
Ruther noted TOV asked EPS to list the 1-3 high level take-a-ways. Use info
graphic to help it jump off page to clear statement.
Lindstrom asked for draft of graphics for board to review.
No other comments from the Authority regarding the draft.
EPS will be present for the 8/20TC evening meeting.
EPS is available Wed 2 pm 7/24 for conference call. Lindstrom is available. He
wants document prior to meeting.
4.2.Discussion of Possible Incentives for Long Term Rental in the Town
of Vail
Ruther said the Town is trying to understand the Town’s long term rental
impacts. Some Councilmembers want to know what else to do. Could the
impacts be using positive incentives to help the employee housing.
The Housing department needs to look at other communities and bring back
to Authorityfor discussionand subsequent recommendation to the Town
Council.
McDougall wondered what the fee would be.
STR numbers have been reduced due to availability per Wilkins. Morales
stated the goal is to create a balance of STR and long term rentals. For
instance, place a cap of the number of STRs that can register annually.
Wilkins said education the public on what STR and long term rental income
maybe. This is one tool which could be used.
Ruther suggested the Housing department will do some STR community
research. Housing will check with the Finance department regarding current
numbers and stats.
Lindstrom mentioned the Summit Information Systems (SIS)survey regarding
STR is part of the housing problem. He thinks when we get the housing data
set VLHA will see some trends. He mentioned requiring commercial insurance
vs.residential insurance and types of rentals (classes). Lindstrom knows
someone who lives in a Town who does some type of regulations and will get
info from him.
Ruther said the Authority may want to ask people who do long term why they
do that versus short termto get a better understand of what incentives
motivate long term rentals.
Lindstrom said Minturnimplemented arule stating you can’t short term until
owning property for a year.
Morales suggested checking with City of San Franciscoabout STRs and get
stats there.What else can Vail Local Housing Authority(VLHA)dobesides
Vail InDEED?
Per Ruther the Council members on the housing subcommittee are looking for
carrots, not stick or additional STR regulations.The Housing departmentwill
bring this back for discussion at the August 13 meeting.
Lindstrom reiterated the Economic Planning Systems (EPS) report is received
prior to Town Council August 6 meeting.
4.3.Annual Deed Restriction Compliance Verification Policy
Recommendation
Ruther said this was a Town Council request to review. He noted 8 owners
are being summoned for failure to comply in 2018. The Town has a zero-
tolerance policy. The Councilmembers wanted to know how to move forward.
Wilkins said use a monetarypenalty.
McDougall thought those deed restrictions whichare to rent/live and submit
affidavit is egregious and should be tolerated.
Morales reiterated there is a contract between both owner and Town of Vail.
Ruther noted it may be helpful moving forward to have acknowledgement that
the deed restriction and housing guidelines have been read. We want to share
with Council the Town goes to an administrative penalty fee. There are 2
types, non-residency and not complying with deed restriction. Recommend
what the change is and how to implement policy to Council.
Morales and McDougall both agree it is black and white documentation to get
owners into compliance.
McDougall believes if the owner is not complying with the restriction to act
quicklyto resolve.
The Board thinks a penalty fee would be the obvious next step.
Discussion ensued. Compliancerequired and if you don’t after adate assess
fee and increase until compliant.
Housing will come back to the Board with some policy objectives.
5.Matters from the Chairman and Authority Members
Lindstrom provided a housing subcommittee update. Council had their first
budget meeting. There is a possibility of creating a housing investment fund to
provide ability to use funds for unexpected projects. There was discussion with
finance department to add Vail InDEED as assets.
Wilkins stated Stillwater isexpectedto be fully rented by January 2020.
6 West ApartmentshaveTCOs on6 buildings and has been paid a portion of
the Vail InDEED funds. Eagle County has 2 employees living in units.
Avon Tract F has sold(across from Traer Creek).
Hockett Gulch in Eagle is coming up on their planning agendas. Hockett Gulch
is the parcel of land across from Vail Health in Eagleon Sylvan Lake Road.
Mountain View has done garage work and is now moving forward to start
building vertical. There are 15 required deed restrictions in this project.
Lindstrom questioned Solar Vailstatus. Ruther noted Sonnenalp is nearing
completion. Sonnenalp needsto reassign 9 units to replace the former Solar
Vail units.
Is there a precedent for moving/floating restrictions? No per Ruther not at this
time. It is a restriction on the land. The Housing department is discussing with
the Town attorney.
Wilkins asked if there is anything anticipated for Eagle River preservethe old
quarry in Edwards.Ruther hasn’t heard.
Per Ruther finance and council were to discuss a better way to use
construction use taxas a possible funding source for housing. Currently this is
fact finding.
August 6 the Housingdepartmentwill share ideas regarding redevelopment of
Timber Ridge.Ruther believes the VLHA will be asked to provide
recommendations to move redevelopment forward.
Lindstrom met with David Cunningham regarding next steps for a housing tax.
Next opportunity will be the 2020 election. Turn out be high, messaging will be
challenging due to all 2020 election communications. Cunningham suggested
communicating with the public prior to 2020. It is not just VLHA but also TC, 12
members. East Vail proposal is affecting how housing is considered by the
public. Cunningham is to speak with Silverthorn regarding ToV communication
plan. There is a public perception the VLHA is making decisions without
authority.Use the TC election period to engage the public
Ruther thought future conversation may revolve around Vail InDEED in TOV
but outside town’s jurisdiction. Ruther suggested the applicant submit Vail
InDEED application for consideration. Per town attorney VLHA has some
latitudeto act on a case by case basis. They could make a recommendation to
Council for their final decision. The Town would need to discuss enforcement
policies.
6.Executive Session
6.1.Executive Session per C.R.S. §24-6-402(4)(a)(e) -to discuss the
purchase, acquisition, lease transfer, or sale of property interests
and to determine positions, develop a strategy and instruct
negotiators, regarding: one (1) submitted Vail InDEED application
and program details.
Presenter: Lynne Campbell, Housing Coordinator
Wilkins motioned to enter executive session.
MOTION: WilkinsSECOND: MoralesVOTE: 4-0
Wilkins motioned to exit executive session.
MOTION: WilkinsSECOND: MoralesVOTE: 4-0
7.Any Action as a Result of Executive Session
7.1.Any Action as a Result of Executive Session
Wilkins proposed staff continue negotiation with the Vail InDEED applicants as
discussed in executive session.
MOTION: Wilkins SECOND: MoralesVOTE: 4-0
8.Adjournment
8.1.Adjournment at 5:00 PM (estimated)
McDougall motioned to adjourn the meeting at 4:52PM.
MOTION: McDougallSECOND: WilkinsVOTE: 4-0
9.Future Agenda Items
EHU Capital Improvements, Labor Cost Housing Data
Housing Sites Discussion Civic Area Plan
Proposed 2020 Budget Discussion
Annual Deed Restriction Compliance Verification Policy Recommendation
10.Next Meeting Date
10.1.Next Meeting Date August 13, 2019
Vail Local Housing Authority Meeting Results
August 7, 2019
Special Meeting 4:30 PM
Town of Vail Housing Department
Large Conference Room
75 S. Frontage Road -Vail, Colorado, 81657
1.Call to Order
Lindstrom called the meeting to order at 4:52PM. Members present:Lindstrom, McDougall
and Wilkins. Also present are George Ruther, Housing Director and Lynne Campbell, Housing
Coordinator.
No one from the publicis present.
2.Main Agenda
2.1.Vail InDEED Program Property Eligibility
Presenter: George Ruther, Housing Director
Ruther provided an overview of a Vail InDEED request for a property located at 3073
Bellflower Drive, Unit 1. The property is located less than 300 feetoutside of the Town’s
municipal boundary in unincorporated Eagle County. Vail Town Council Resolution No. 34,
Series of 2016,established the VLHA as the Town’s agent and prescribed terms to implement
deed restriction negotiations. VLHA’s determination may be made regarding intent of
eligibility. The Housing department recommends VLHA recommends the property is eligible
for the InDEED program based on criteria highlighted in the memo.
If determined eligible, staff recommendsthe Board convenes into executive session to review
the application.
Wilkins asked if the Town attorney believes the wording in the “deed restrictions in the Town”
is OK.
Per Ruther the next step if VLHA recommends eligibility would be Town Council ratificationof
VLHA recommendation on August 20, 2019.
Lindstrom asked the Board if the property would be one they would review if it were inside the
Town boundary. Members agreed this property should be considered.
The Board questioned how enforcement would be handled.
Ruther said the Town would use similar deed restriction terms used at 6 West Apartments
minus the preferential rental to Town of Vail municipal employees. The Town would rely on
breach of contract. All other terms are the same including the owner would still need to
perform the annual verification.
The Board believes this Vail InDEED request should be reviewedas it meets the intent of the
program.
McDougall suggestedthe Townmake a blanket approval for properties outside Town
boundaries eligible for the program. For example,all properties east of Dowd Junction as
they contribute to maintaining and sustaining community in Vail.
Ruther stated if Council ratified the VLHA recommendation,the Town would need to clarify
the meaning ofoutside Town boundaries.
Wilkins wondered if a de-annexation/annexation history would be helpful to review. There
could be value to understand history.
McDougall moved to support to the eligibility of 3073 Bellflower Drive for Vail InDEED review
and funding.
MOTION: McDougallSECOND:WilkinsVOTE: 3-0Approved
Wilkins movedto enter executive session per C.R.S. §24-6-402(4)(a)(e) -to discuss the
purchase, acquisition, lease, transfer, or sale of property interests and to determine positions,
develop a strategy and instruct negotiators, regarding: a submitted Vail InDEED application
and program details.
MOTION:WilkinsSECOND:McDougallVOTE:3-0Approved
3.Executive Session
3.1.Executive Session per C.R.S. §24-6-402(4)(a)(e) -to discuss the purchase, acquisition,
lease, transfer, or sale of property interests and to determine positions, develop a
strategy and instruct negotiators, regarding: a submitted Vail InDEED application and
program details.
Presenter: George Ruther, Housing Director
McDougall motioned to exit executive session and re-enter the special meeting.
MOTION:McDougallSECOND:WilkinsVOTE:3-0Approved
4.Any Action as a Result of Executive Session
4.1.Any Action as a Result of Executive Session
McDougall motioned to instruct staff to proceed as instructed with the Vail InDEEDapplication
negotiations.
MOTION: McDougallSECOND: WilkinsVOTE:3-0Approved
5.Adjournment
5.1.Adjournment 5:00PM (estimated)
Motioned to adjourn the meeting at 5:16PM
MOTION:WilkinsSECOND: McDougallVOTE:3-0 Approved
6.Next Meeting Date
6.1.Next Regular Meeting Date -August 13, 2019
Meeting agendas and materials can be accessed prior to meeting day on theTown of Vail
websitewww.vailgov.com.All housing authority meetings are open to the public. Times and
order of agenda are approximate, subject to change, and cannot be relied upon to determine at
what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for
additional information. Please call 711 for sign language interpretation 48 hours prior to meeting
time.
Housing Department Special Meeting
RESOLUTION NO. 19
Series of 2019
RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN
PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY
DESCRIBED AS ALPEN CHALETS DUPLEX WEST PARCEL, ALSO KNOWN ASPART OF
LOT 7, BLOCK G, VAIL DAS SCHONE FILING 2, EAGLE COUNTY, COLORADO WITH A
PHYSICAL ADDRESS OF 2418 GARMISCH DRIVE WEST UNIT, VAIL COLORADO; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail,
Countyof Eagleand State of Colorado is dulyorganized and existing under the laws of the
State of Colorado; and
WHEREAS, the members of the Authority have been duly appointed and qualified; and
WHEREAS, the Authority considers it in the interest of the public health, safety and
welfare to purchase a Type III Deed Restriction (the “Deed Restriction”) on the property legally
described asAlpen Chalets Duplex West Parcel, Also Known As Part of Lot 7, Block G, Vail
Das Schone Filing 2,Town of Vail, Eagle County, Coloradowith a physical address of2418
Garmisch Drive West Unit, Vail Colorado(the “Property”); and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the
Authorityat themaximum purchase price of $148,600.
2.The Chairman of the Vail Local Housing Authorityis hereby authorized to
execute, on behalf of the Town, an agreement to purchase the Deed Restriction
and to take whatever steps are necessary to complete the purchase of the Deed
Restrictionon the Property.
3.This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local
Housing Authorityof the Town of Vail held this13dayof August, 2019.
Steve Lindstrom,
Chairman of the Vail Local HousingAuthority
ATTEST:
Lynne Campbell,
Secretary of the Vail Local Housing Authority
Resolution No. 19,Series of 2019
RESOLUTION NO. 20
Series of 2019
RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN
PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY
DESCRIBED AS UNIT 5,BUILDING B, WREN HOUSE CONDOMINIUMS, EAGLE COUNTY,
COLORADO WITH A PHYSICAL ADDRESS OF 5024 MAIN GORE DRIVESOUTH UNIT
5B, VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail,
County of Eagleand State of Colorado is dulyorganized and existing under the laws of the
State of Colorado; and
WHEREAS, the members of the Authority have been duly appointed and qualified; and
WHEREAS, the Authority considers it in the interest of the public health, safety and
welfare to purchase a Type III Deed Restriction (the “Deed Restriction”) on the property legally
described asUnit 5, Building B, Wren House Condominiums,Town of Vail, Eagle County,
Coloradowith a physical address of5024 Main Gore Drive South, Unit 5B, Vail Colorado(the
“Property”); and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the
Authorityat themaximum purchase price of $56,440.
2.The Chairman of the Vail Local Housing Authorityis hereby authorized to
execute, on behalf of the Town, an agreement to purchase the Deed Restriction
and to take whatever steps are necessary to complete the purchase of the Deed
Restrictionon the Property.
3.This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local
Housing Authorityof the Town of Vail held this13dayofAugust, 2019.
Steve Lindstrom,
Chairman of the Vail Local HousingAuthority
ATTEST:
Lynne Campbell,
Secretary of the Vail Local Housing Authority
Resolution No. 20,Series of 2019
RESOLUTION NO. 21
Series of 2019
RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN
PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY
DESCRIBED AS CONDOMINIUM UNIT 14, ASPEN TREE CONDOMINIUMS, EAGLE
COUNTY, COLORADO WITH A PHYSICAL ADDRESSOF 931 RED SANDSTONE ROAD,
UNIT 14, VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail,
County of Eagleand State of Colorado is dulyorganized and existing under the laws of the
State of Colorado; and
WHEREAS, the members of the Authority have been duly appointed and qualified; and
WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to
purchase a Type III Deed Restriction (the “Deed Restriction”) on the property legally described
asCondominium Unit 14, Aspen Tree Condominiums,Town of Vail, Eagle County, Colorado
with a physical address of931 Red Sandstone Road, Unit 14, Vail Colorado(the “Property”);
and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the
Authorityat themaximum purchase price of $60,500.
2.The Chairman of the Vail Local Housing Authorityis hereby authorized to
execute, on behalf of the Town, an agreement to purchase the Deed Restriction
and to take whatever steps are necessary to complete the purchase of the Deed
Restrictionon the Property.
3.This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local
Housing Authorityof the Town of Vail held this13dayofAugust, 2019.
Steve Lindstrom,
Chairman ofthe Vail Local HousingAuthority
ATTEST:
Lynne Campbell,
Secretary of the Vail Local Housing Authority
Resolution No. 21,Series of 2019
RESOLUTION NO. 22
Series of 2019
RESOLUTION APPROVINGTHE PURCHASE OF A DEED RESTRICTION INTEREST IN
PROPERTY (TYPE III DEED RESTRICTION) IN THE TOWN OF VAIL LEGALLY
DESCRIBED AS CONDOMINIUM UNIT 6, VAIL SKY HIGH CONDOMINIUMS,EAGLE
COUNTY, COLORADO WITH A PHYSICAL ADDRESSOF 2448 GARMISCH DRIVE UNIT 6,
VAIL COLORADO; AND SETTING FORTH DETAILSIN REGARD THERETO.
WHEREAS, the Vail Local Housing Authority (the “Authority”), in the Town of Vail,
County of Eagleand State of Colorado is dulyorganized and existing under the laws of the
State of Colorado; and
WHEREAS, the members of the Authority have been duly appointed and qualified; and
WHEREAS, the Authority considers it in the interest of the public health, safety and welfare to
purchase a Type III Deed Restriction (the “Deed Restriction”) on the property legally described
asCondominium Unit 6,Vail Sky High Condominiums,Town of Vail, Eagle County, Colorado
with a physical address of2448 Garmisch Drive,Unit 6, Vail Colorado(the “Property”); and
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1.The purchase ofthe Deed Restrictionon the Property is hereby approved by the
Authorityat themaximum purchase price of $56,000.
2.The Chairman of the Vail Local Housing Authorityis hereby authorized to
execute, on behalf of the Town, an agreement to purchase the Deed Restriction
and to take whatever steps are necessary to complete the purchase of the Deed
Restrictionon the Property.
3.This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local
Housing Authorityof the Town of Vail held this13dayofAugust, 2019.
Steve Lindstrom,
Chairman of the Vail Local HousingAuthority
ATTEST:
Lynne Campbell,
Secretary of the Vail Local Housing Authority
Resolution No. 22,Series of 2019