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Home My WebLink About2019-09-24 VLHA Meeting Agenda Vail Local Housing Authority Agenda September 10, 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 3:08PM. Members present are Lindstrom, Wilkins, Morales and McDougall, as well as Campbell from staff. 2.Citizen Participation 2.1.Citizen Participation No one from the public is present. 3.Approval of Minutes 3.1.VLHA August 13, 2019 Meeting Results MOTION: McDougallSECOND: WilkinsVOTE: 4-0 Approved 3.2.VLHA August 27, 2019 Meeting Results Morales motioned to approve the August 27th meeting results with a correctionto add names of those in attendance. MOTION: MoralesSECOND: WilkinsVOTE: 4-0 Approved with Corrections 4.Main Agenda 4.1.Resolution No. 24, Series of 2019, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town ofVail Legally Described as Condominium Unit C, Building 9, Sandstone 70,Eagle County, Colorado with a Physical Address of 907 Red Sandstone RoadUnit 9-C, Vail, Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator Table to 9/24/2019 MOTION: MoralesSECOND: McDougallVOTE: 4-0 4.2.Possible Incentives for Long Term Rental in the Town of Vail Discussion Lindstrom: The subcommittee brought possible incentives for long term rental was again brought up at the subcommittee meeting. Ruther has a peer resort area ordinances governing short term he is reviewing. Morales and Lindstrom: Asked if Wilkins could put together a sample proforma showing benefits to renting long term. Wilkins: He is agreeable to create some samples for the Authority to review. He stated he believed competition would make long term more desirable. Discussion ensued with Eagle County examples authority members were aware of at this time. Avon is considering waiving 1% of transfer tax if owners rent long term vs short term. The subcommittee wanted to see some ideas how the Town can be creative with incentives ideas. Minturn has a set amount to credit and must have lived in Minturn for a year prior to short term rental. Wildridge disallows short term rentals via a community home owner association. Morales: Use a tier system based on application, number of years renting long term and receivesome sore of incentive. Lindstrom: Short term rentals are apart of the resort environment. The Town’s goal is to incentivize long term rentals. Wilkins will have examples of long term rental vs. short term benefits ready for the October 3rd subcommittee meeting. 5.Matters from the Chairman and Authority Members 5.1.Matters from the Chairman and Authority Members McDougall: Add discussion of compliance for deed restrictions to future agenda items. Need to have swift action to gain compliance. Board asked for Housing Staff to provide 2018 EHUnon-compliance update. Ruther is preparing an item from Council review regarding policy discussion about the housing fund. To allow ability to funds to be allocated to the housing fund and can be rolled into future year, for example, moving the VVI Phase V sale funds to be allocated to Housing fund not the General Fund. Finance wants a recommendation to council. George will work with Finance. Morales: The subcommittee wants to have an inventory of EHUs. How the EHU goes on books, if bought with EHU with Town of Vail funds the EHU can count as an asset. This is prelude to value and balance sheets to use in the future. Matt Mire, Town Attorney,provided direction for holding a council candidate forum to discuss housing. He stated the Authoritycannothave group email conversation.Avoid public meeting violation, i.e. more than 3 members in discussion.VLHA is bound by FPCA fair practices. Campbell willforward the email to VLHA. Mire didn’t see prohibition to holding forum. The act provideswhat is allowed and not allowed. Counter argument is but it is not listed. VLHAcannot use Town resources, facilities as a board member. He believes there could be a housing forum and do more research. Morales: Can an outside entity be asked to host the forum on behalf of VLHA? Mire: Yes. Avoid government sponsored forum. Mire: Keep questions away from specific projects. VLHA can provide questions to the hosting entity but cannot host the forum. Provide questions to Mire ASAP to review for his approval. Mire providedan updated regarding asubmitted appeal for Booth Heights and it is being reviewed for standing. If more than one appeal is submitted one hearing will be held. Council will receive update Tuesday, September 17th, one day after the deadline. Council has 40 days from the September 16th deadline to review. 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: submitted Vail InDEED applications and program details. Presenter: Lynne Campbell, Housing Coordinator Wilkins moved to 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: submitted Vail InDEED applications and program details. MOTION: WilkinsSECOND: MoralesVOTE: 4-0 Approved Wilkins motioned to exit executive session and reenter the regular meeting. MOTION: WilkinsSECOND: MoralesVOTE: 4-0 Approved 7.Any Action as a Result of Executive Session 7.1.Any Action as a Result of Executive Session The meeting reconvened with same members present and Campbell from staff. Wilkins moved to instructed housing staff to pursue the recommendations discussed in executive session. MOTION: WilkinsSECOND: McDougallVOTE: 4-0 Approved 8.Adjournment 8.1.Adjournment at 5:00 PM (estimated) Meeting adjourned at 4:20PM. MOTION: McDougallSECOND: Wilkins VOTE: 4-0 Approved 9.Future Agenda Items 9.1. •Council Candidate Housing Forum •EHU Capital Improvements, Labor Cost •Housing Data •Housing Sites Discussion •Civic Area Plan •Land Banking (sale of GRFA) •EHU Compliance Policy •Eagle County Public Health Housing Initiative 10.Next Meeting Date 10.1.Next Meeting Date September 24, 2019 Meeting agendas and materials can be accessed prior to meeting day on theTown of Vail website www.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 anitem. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. 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Efwfmpqnfou* •2152 •Bnfoefe!Gjobm!Qmbu dpnnvojuz cfofgju •81&!Sftjefou!Pddvqjfe •Pqqpsuvojuz!dptu!pg!opu!cvjmejoh!uijt!qspkfdu!jt!242! vogjmmfe!kpct •Sfevdf!jo.dpnnvujoh!cz!81-111!ipvst!qfs!zfbs-! tbwjoh!pwfs!225-111!hbmmpot!pg!hbt!boe!sfevdjoh! wbmmfz.xjef!usbggjd •Sfevdf!mpdbm!dbscpo!fnjttjpot!cz!7&uispvhi!gfxfs! dpnnvufs!ipvst •Hfofsbuf!bo!bqqspyjnbufe!%398-429!boovbmmz!jo! ubyft •Qsfwjpvtmz!ejtuvscfe!tjuf fbsmz tvqqpsufst •Fbtu!Xftu!Qbsuofst •Wbjm!Wbmmfz!Qbsuofstijq •Tmjgfs-!Tnjui!boe!Gsbnqupo •Esvolfo!Hpbu •Qubsnjhbo •Fzf!Qjfdft! •Wfouvsf!Tqpsut •Ipwfz!boe!Ibssjtpo •Ephnb To:Vail Local Housing Authority From:Lynne Campbell, Housing Coordinator Date:September 24, 2019 Subject:Request for Leave of Absence, Peter Blosten and Katelyn McDonald I.SUMMARY Katelyn McDonaldand Peter Blosten, owners of Chamonix Vail Unit #1, also known as 2387 C Lower Traverse Way, have submitted a request for a leave of absence in 2020. They aimto travel and volunteer from January 2020 -April 2020 with the intent to return to their permanent residence. While travelling for four months they willrent their home to a qualified tenant per the Chamonix Vail deed restriction. II.BACKGROUND Chamonix Vail Community was constructed in 2017 and completed in 2018 as price appreciation cap deed restricted homes. All 32 homes were sold to owner’s who met the occupancy requirements stated in their deed restriction section 2.i.Definitions, Qualified Owner. 2.Definitions a.QualifiedOwnermeansanOwnerwhoisan individualwhoworksan averageof30hoursormoreperweekata businessinEagleCounty,Coloradothat holds avalidandcurrent business license, orpays sales taxes, oris otherwisegenerally recognizedasalegitimatebusiness.Forexample,ifanindividual worked60hoursper weekforonehalfoftheyearatsuchabusiness inEagleCounty,Colorado,andworked elsewherefortheotherhalfof theyear,suchpersonwouldbeaQualifiedOwner.AQualified OwneralsoincludesanindividualwhowasaQualifiedOwner whenthe individualpurchasedtheProperty,butthenretireswhile owningtheProperty,andis60yearsofageorolderatthetimeof retirement,andwho,forthe5yearsimmediately priortoretirement, workedanaverageof30hoursormoreperweekatabusinessin EagleCountythatholdsavalidandcurrentbusinesslicense,orpays salestaxes,oris otherwisegenerallyrecognizedas alegitimate business. The Chamonix Vail Employee Housing Guidelinesdated September 20, 2019contains a provision should an owner need or wish to take a leave of absencelisted in section 2.b.Occupancy, Leave of Absence. 2.Occupancy. b.Leave of Absence. A leave of absence may be granted for one year, subject to Town approval, upon clear and convincing written evidence which shows a reason for leaving and a commitment to return to the Town. Such written evidence shall be presented to the Town at least 30 days prior to leaving. The Leave of Absence shall be for one year and may, at the discretion of the Town, be extended for one year, but in no event shall it exceed two years. The Property must be rented during the leave to one or more Qualified Tenants in accordance with the Deed Restriction. McDonald and Blosten acknowledge they will lease their home to a qualified tenant further described in the Chamonix Vail Deed Restriction Agreement section2.j. Definitions,Qualified Tenant. 2. Definitions a.QualifiedTenantmeansanindividualwhoworksan averageof30hours ormoreperweekatabusinessinEagle County,Coloradothatholdsavalidand currentbusinesslicense,or payssalestaxes,orisotherwisegenerallyrecognizedasalegitimate business.Forexample,ifanindividualworked60hoursperweek forone halfoftheyearatsuchabusinessinEagleCounty, Colorado,andworkedelsewhere fortheotherhalfof theyear, such personwouldbeaQualifiedTenant. Leasingto the Qualified TenantMcDonald and Blosten will informthe tenant of the annual verification requirementsdescribed in the Chamonix Vail Employee Housing Guidelines, dated September 20, 2019, section 2.a. Leasing and d. Annual Verification, 2.Occupancy. a.Leasing. If an Owner leases the Property, the lease shall include a clear reference to the Deed Restriction and a brief summary of the Deed Restriction, and shall by reference incorporate the terms and conditions of this Deed Restriction. Copies of all leases shall be filed with the Town during the annual verification process. d.Annual Verification. As provided in the Deed Restriction, no st later thanFebruary1ofeachyear,every Owner shallsubmitasworn affidavit,on aform provided by the Town,verifyingthattheProperty is occupied in accordance with the Deed Restriction and these Guidelines. The affidavit shallbe accompanied by the following supporting documentation: Town of VailPage 2 i.Verification of current employment and employment during the prior year (paystubs with employer's name, address and contact information); ii.Signed authorization allowing the Town discuss employment details with the Owner's employer; iii.The Owner's federal income tax return from the prior year, together withan executed Internal Revenue Service Form 8821 or equivalent; iv.If the Property was leased during the prior year, copies of all leases of the Property during the prior year; and v.If the Property was leased during the prior year, the information set forth in subsections i.-iii. for each Qualified Tenant. III.ACTION REQUESTED Recommend approval of the leave of absencerequestwith twoconditions. Conditions: 1.McDonald and Blosten provide a copy of the qualified tenant’sexecuted leased and 2.Submit their 2019 EHU Compliance documentation prior to their leave of absence. ATTACHMENT Request for leave of absenceowner letter Town of VailPage 3 Peter Blosten & Katelyn McDonald 2387 Lower Traverse Way Unit C Vail, CO 81657 (303) 241-7602 & (617) 699-9942 August 26, 2019 Lynne Campbell Housing Coordinator 75 S. Frontage Rd Vail, CO 81657 Attention Vail Housing Authority: RE: Leave of Absence Please let this serve as written evidence that the owners of 2387 Lower Traverse Way Unit C, Vail, CO 81657 would like to request a leave of absence for the duration of Four Months, January 2020 – April 2020. We would like to request this leave so we can travel and volunteer in foreign countries. We live in a small town and it will serve to enrich our lives and the community to experience different cultures. Our past travel experiences have led us to return to the Vail Valley and engage in community activities like the Sustainability Leadership Certificate at Colorado Mountain College, the Climate Action Collaborative, and 2015 FIS World Championships. We our committed and excited to return to our home and jobs at RA Nelson and the Gerald R. Ford Amphitheater in the spring of 2020. 2387 Lower Traverse Way Unit C, Vail, CO 81657 will be leased during our leave to one or more qualified tenants in accordance with the Deed Restriction for the duration of Four Months. Please contact us at your soonest convenience for any additional details or necessary items. Thank you for your consideration, Peter Blosten & Katelyn McDonald RESOLUTION NO. 24 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 C BUILDING9 SANDSTONE 70, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 907 RED SANDSTONE ROAD UNIT 9-C, 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 IIIDeed Restriction (the “Deed Restriction”) on the property legally described as Condominium Unit C, Building 9, Sandstone 70, Townof Vail, Eagle County, Coloradowith a physical address of 907 Red Sandstone Road Unit 9-C, 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 $76,800. 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 th Housing Authorityof the Town of Vail held this10dayofSeptember, 2019. Steve Lindstrom, Chairman of the Vail LocalHousingAuthority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority Resolution No. 24, Series of 2019 RESOLUTION NO. 26 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 PITKIN CREEK PARKPHASE III, UNIT 12-D, EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 4061 BIGHORN ROAD, UNIT 12-D, 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 as Pitkin Creek Park, Phase III, Unit 12-D,Townof Vail, Eagle County, Colorado with a physical address of 4061 Bighorn Road, Unit 12-D, 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 ishereby approved by the Authorityat themaximum purchase price of $80,000. 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 th dayofSeptember, 2019. Housing Authorityof the Town of Vail held this24 Steve Lindstrom, Chairman of the Vail Local HousingAuthority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority Resolution No. 26,Series of 2019 RESOLUTION NO. 27 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 A, BUILDING 13, SANDSTONE 70AT VAIL,EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 923 RED SANDSTONE ROAD, UNIT 13A, 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 as Condominium Unit A, Building 13, Sandstone 70at Vail,Townof Vail, Eagle County, Coloradowith a physical address of 923Red Sandstone Road Unit 13-A, 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 $63,750. 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 th Housing Authorityof the Town of Vail held this24dayofSeptember, 2019. Steve Lindstrom, Chairman of the Vail Local HousingAuthority ATTEST: Lynne Campbell, Secretary of the Vail Local Housing Authority Resolution No. 27,Series of 2019 Memorandum To:Vail Local Housing Authority From:Lynne Campbell, Housing Coordinator Date:September 10, 2019 Subject:2018 Deed-Restricted Employee Housing Compliance Status Report __________________________________________________________________________ I.SUMMARY The Town of Vail Housing Department is charged with verifying compliance of more than 775 deed-restricted properties in the Town of Vail, annually. Housing staff sent more than 300 notices with affidavit forms attached to deed-restricted property owners in December of 2018informing each of the obligation to provide documentation demonstrating compliance by no later than February 1, 2019, per the terms the recorded deed-restrictions. This was followed up with certified return receipt requested st letters in February, 2019 to those who hadn’t yet responded by the February 1 deadline. As a result, only nine (9) of those property owners have still not yet complied with the required affidavits. Of those 9,one (1)isnot required torent the property by the terms outlined in the recordeddeed-restriction.The remaining eight (8) deed-restricted property owners who are required to owner occupy or rent to qualified employees, but have not, and are more than two months delinquent, will be served a summons to appear in court. Five (5) deed-restricted property owners were served summonses by July 29, 2019. One (1) owner complied prior withbeing served summons and one (1) owner has been to court and is now in compliance. One(1)unserved owner resides in New York and one (1) property owner has their unit listed for sale. Attempts are still being made to reconcile their noncompliance. II.NEXT STEPS Court action is pending for three (3) non-compliant owners,Lazier Tivoli LLC, Snook and McNutt.Documentation is pending fromHarrington. Two (2) owners have not received summonsesdue to non delivery, further follow up is required. The officer learned Bulten-Erickson’sunit had been remodel,hadbeen empty th since August 14, 2019 and is listed for sale. Further communication is needed with the existing owner. Elizabeth Ross Johnson Revocable Trust has not been served due to New York locationandinability to locatethe executor. Attachment A lists the owner names, addresses and legal descriptions of the remaining seven(7) non-compliant properties with repeat offenders highlighted in yellow. Town of VailPage 2 Attachment A 2018 Annual Compliance Noncompliant Date / summons Restrictive Covenant OWNERLEGALDESCADDRESSReceived mailedStatus/Deed Restriction / Late Elizabeth Ross Johnson Vail Village 1st -Block 1 375 Mill Creek Cir.No 2/27/2019Has not been Type II, no rental required, Revocable TrustLot 17Responseserved due to New Affidavit required, due Feb York location. 1, late 2016 Further action required. Jeffrey H. Bulten-EricksonLion's Ridge 1st -Simba 1100 N. Frontage Rd. No 03/21/2019Has not been Type III, shall rent, due Run Unit 2401 EUnit 2401 EResponseserved. Unit has Feb 1, late 2017, 2016 been remodel and empty since 8/14/19. List for sale. Dobbie Property Owner Howenstine Subdivision -2752 South Frontage Yes, non-03/21/2019Served, court Type III, shall rent, due LLCcompliantaction pending. Lot 2Rd. W. Unit BFeb 1, late 2017, 2016, Vail Village 5th Filing -386 Hanson Ranch Rd.No03/21/2019Served, Type III shall rent, due Feb Lazier Tivoli LLC Block 2 Lot ECompliance 15; late 2017, 2013 Hearing 10/17/19 Jackie SnookChamonix Vail 2373 Lower Traverse No03/21/2019Served, pretrial Type III, shall be owner Community Unit 6Wy. Unit Ameeting 10/17occupied, may rent, due by Feb. 1, No Response Dan McNuttNo-partial03/21/2019Served, pled guilty, Chamonix Vail 2361 Lower Traverse Type III, shall be owner fined, 1 year Community Unit 9Wy. Unit Boccupied, may rent, due probation Feb. 1 Mark Harrington & Deborah Chamonix Vail 2347 Upper Traverse No-partial03/21/2019Pending 2018 tax Type III, shall rent, due Weissbard Harringtonreturn Community Unit 25Wy. Unit BFeb 1